PERfORMANCE IN THE METHODOLOGY Of PHILOSOPHY Of LAW
Journal Title: Вісник Національного юридичного університету імені Ярослава Мудрого. Серія: філософія, філософія права, політологія, соціологія - Year 2018, Vol 3, Issue 38
Abstract
Problem setting. The modern way of being of the law and the person in law forces to search for new methods of their understanding. The meaning of the law and the power of its impact directly depend on the ontology of human presence in law. As the space of such a presence is the performance. It becomes possible through the deconstruction of sym- bolic legal structures (norms, legal decisions, procedures, things, procedural actions, events, contracts, virtual images, etc.). Performance can affect the subject of law, make it a creative participant in the reality of law and guarantee the reflection of legal meanings. Recent research and publications analysis. Philosophical tradition of the dynamic nature of law is now developed by I. Chestnov, v. Chetvernin, A. Polyakov, s. Maksimov, A. stovba and other russian and Ukrainian philosophers. significant experience in this area belongs to the European representatives of the communicative paradigm. J. Austin in the framework of communicative philosophy developed the theory of performative dis- course. According to this theory, speech acts that have the character of an order, demands or vows are not statements, but actions. h. hart applied the theory of performative state- ments to legal texts and discourses. Among the russian scientists v. Ogleznev, J. Gryaznova, J. Kupchenko are engaged in the problem of legal performative. The Polish researcher E. Domanskaya notes that performativity is becoming a new modern paradigm of cognition and methodology of science. The technique of performance in art and its expressive possibilities are the subject of research by s. Kornev, P. Waibel, s. zizek, K. Malabu. Performance as an ontological space for the production of presence and a special technique for provoking the corporeality of things is the subject of research by v. rybakov, h. Gumbrecht. At the same time, the question of the possibility of using the performance tactics in the practice of reproduction of justice remains open. In this study, performance is seen as a special way of being the law. The law-performance equips the presence of a subject in it. Paper objective. The purpose of the study is to analyze the legal reality in a format of performance, which serves as an original tactic of actualization of law. Paper main body. If the communicative theory of law saw the effectiveness of law in the language performative structures, the latter methodological experiments justify the use of artistic practice of performance in the field of being and understanding of law. Text as a form of being does not exhaust the essence of law. A multi-layer self-organized structure of law needs more complex expression systems than representations. such a system is a performance. It provokes more and more possibilities of law, forms of its being. The goal of the performance in modern philosophy and art is to get rid of the comments. The goal of performance as a method of law is to rid the law of excessive semantic stabil- ity and the dictates of values. The language and text of the law should be in the service of the event, things and the body, and not vice versa. At first glance, the replacement of a le- gal statement or verdict with an open event, as well as the replacement of a retired arbiter- lawyer by a participant experiencing this event, make legal practice very far from legal science and legal truth. however, the reproduced life event is closest to the thing that the legal sciences call justice. Therefore, the degree of the presence of law in the reconstituted situation should not be determined by interpretation and imposition of legal myths (norms and precedents). such a living justice can not be established by anyone. In the performance, this justice is actualized from the event itself in the format of an open presence. New ontological modus of law is a pure performance of its participants – the author and the viewer. It generates an unexpected, but true justice, which can not be fixed without depriving it of meaning. A new and new reset of the situation with the help of perfor- mances can multiply legal justice in its performative corporeality. At the same time, legal sentences, decisions, norms and interpretations that have frozen in their senses, contain the law formally, but they are farther away from its actual presence in fact. Conclusions of the research. Thus, the tactics of performance makes it possible to demonstrate all the richness of forms, modes and meanings of law, to achieve the present presence of the subject in law through a specific legal act. If communication is already recognized as being, discourse is a series of events, and the performative utterance is an action, then going beyond text and speech – into a diverse symbiosis of symbolic horizons, that is, performance, means a fundamentally new way of being a right that is adequate to modern reality.
Authors and Affiliations
Юлія Василівна Мелякова
Keywords
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- EP ID EP405091
- DOI 10.21564/2075-7190.38.140009
- Views 128
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