The clericalization trend in legal science

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Abstract

Problem. The objective conditions of the latest stage in the development of legal science (since 1991) determine the active development of the trend towards clericalization, which affects the methodological foundations of legal research and the reliability of their results. The socio‑political acuteness of this issue in the multi‑confessional Russian Federation manifests itself in a whole range of risks related to the growing potential for social contradictions. Aim. To identify and describe the manifestations of the clericalization trend typical of a number of works by contemporary legal scholars, using as a case study a specific conceptual article by N. S. Semenova. Methods. The methodological basis was formed by the historical‑materialist approach, which made it possible to examine the clericalization of legal science
through the material foundations that gave rise to it. A logical and terminological analysis was employed to detect the substitution of concepts in works on ecclesiastical and canon law. From the growing body of literature exhibiting this trend, the study by a prominent figure in legal scholarship and church life, N. S. Semenova, was selected for detailed analysis. This study proposes significant revisions to both the terms “ecclesiastical law” and “canon law”, as well as to their relationship with national and international law. Results. The contradictions identified in the analysis of this study – at
the level of methodological foundations and specific theses – are largely characteristic of the works of other authors promoting the same trend of clericalization in public life in the Russian Federation, including within the field of legal science. It is shown that the theoretical part of the article draws on a tradition stretching from pre‑revolutionary researchers of ecclesiastical law to modern church authors. The analysed article illustrates the substitution of terminology that is of fundamental importance for addressing the issues raised (e.g., “material sources of law” and the interpretation of specific sources of law). The metaphysical approach used by proponents of this trend leads to the disregard for contradictions inherent in certain social institutions, including the church organization. Conclusions. In the socio‑political sphere, studies carried out within the framework of the clericalization trend undermine the scientific nature of legal research and contribute to the further escalation of existing social contradictions.

About the authors

Yuri V. Ospennikov

Kherson State Pedagogical University

Author for correspondence.
Email: desmandado@yandex.ru
ORCID iD: 0000-0001-6092-588X

PhD (History), Doctor of Sciences (Law), Professor of the Department of Jurisprudence 

Russian Federation, 275700, Russia, Skadovsk, Pokrovskaya Street, 7А

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