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Paradigmatic foundations of the penitentiary legal doctrine

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The article analyzes the prospects for using by the penitentiary-legal doctrine the paradigmatic foundations of legal science. Achievement of the paradigmatic stage of the penitentiary-legal doctrine can be facilitated by “paradigmatic vaccinations” from the general scientific sphere. Penitentiary science should take into account the general scientific achievements expressed in the relevant paradigmatic theories: – phenomenology and liberalism will make it possible to free oneself from the totalitarian shackles, to look at the problems of execution of punishments “from scratch”; – the libertarian legal concept is able to make a positive contribution to the sphere of the execution of punishments, giving a certain scope to reasonable initiative; – in the context of the synergetic paradigm attention can be drown to the spontaneous selforganization of the sphere of the execution of punishments in connection with the imbalance of punishment and correction as the essential aspects of criminal punishment; – the application of the hermeneutic paradigm will make it possible to approach from new interpretative positions to various areas of the penal policy; – the use of the approaches of postclassical jurisprudence will make it possible to consider penal activity not as a permanently ideal system, but as a type of legal activity that needs constant attention and requires constant improvement.
Vologda Institute of Law and Economics of the Federal Penal Service of Russia
Title: Paradigmatic foundations of the penitentiary legal doctrine
Description:
The article analyzes the prospects for using by the penitentiary-legal doctrine the paradigmatic foundations of legal science.
Achievement of the paradigmatic stage of the penitentiary-legal doctrine can be facilitated by “paradigmatic vaccinations” from the general scientific sphere.
Penitentiary science should take into account the general scientific achievements expressed in the relevant paradigmatic theories: – phenomenology and liberalism will make it possible to free oneself from the totalitarian shackles, to look at the problems of execution of punishments “from scratch”; – the libertarian legal concept is able to make a positive contribution to the sphere of the execution of punishments, giving a certain scope to reasonable initiative; – in the context of the synergetic paradigm attention can be drown to the spontaneous selforganization of the sphere of the execution of punishments in connection with the imbalance of punishment and correction as the essential aspects of criminal punishment; – the application of the hermeneutic paradigm will make it possible to approach from new interpretative positions to various areas of the penal policy; – the use of the approaches of postclassical jurisprudence will make it possible to consider penal activity not as a permanently ideal system, but as a type of legal activity that needs constant attention and requires constant improvement.

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