FEATURES OF THE PERCEPTION OF ANGLO-AMERICAN LEGAL POSITIVISM IN RUSSIAN SCIENCE

Abstract

The Anglo-American legal doctrine is traditionally perceived by Russian science as an alternative system of knowledge of law, born in fundamentally different conditions ofthe Anglo-Saxon legal family. In recent years, however, interest in the Anglo-American legal thought has increased considerably, but it is still perceived in a tendentious manner. This is especially noticeable with regard to legal positivism, close to the Russian legal doctrine. The elimination of such bias and the clarification of the understanding of Anglo-American legal positivism could significantly enrich Russian science and expand the field of scientific discussion in the ground of legal understanding. Purpose: to identify the features of the perception and interpretation errors of Anglo-American legal positivism in the Russian legal doctrine. Methods:general scientific (dialectical and historical methods of cognition, general logical methods, systemic and comparative methods); special legal (comparative legal analysis and legal hermeneutics). Results: the study makes it possible to identify problems and inaccuracies in the perception of Anglo-American positivism by Russian science, which are due to methodological features of the philosophical tradition of Anglo-American positivism, a simplified understanding of the question of legal interpretation and judicial activity in the Russian doctrine, as well as the difference in assessing the role of the state in the legal system in view of the different interpretations of the positive links between Russian and Anglo-American science.

Keywords

• legal understanding
• philosophy of law
• legal positivism
• analytical philosophy
• analytical jurisprudence