The Necessity of the Anthropological Dimension of Law and State in Modern Jurisprudence
In this article the author encourages the modern scientific community to draw attention to the fact that law being a unique institution of society, appears also a peculiar element of its culture. Thus, it is defended the opinion on the necessity of attraction of highly valuable data and progress of sociocultural anthropology (especially its legal and political directions) in investigation of state-legal problems, appearing objects of jurisprudence and other related social sciences. In turn, such formulation of the problem requires to use a new approach to law and state, the approach of their natural and inseparable connection with culture (in the broadest interpretation of this concept) of particular society. It gives reason to believe, that law and state undoubtedly bear the imprint of concrete culture. This thought is also continued by the following thesis that research (more profound than we have in traditional textbooks on jurisprudence) of the nature of law and state, their mechanisms and specificities as social institutions in fact becomes impossible without the reference to culture (as the system of values, ideas and practices) of society. In addition to the idea of law and state’s sociocultural conditionality in the article it is also explored to what useful consequences entails application of the aforesaid anthropological method in jurisprudence, useful both in theoretical and practical aspect. So, it is noted that the anthropological approach, requiring the comprehensive immersion in historical-cultural material, has its advantage, for example, that it is really impossible without using of data and methods of practically all humanitarian sciences (sciences about human, sciences of anthropocentristic nature), such as history, sociology, political science, psychology, cultural studies and even philology. Thus, the anthropological approach enriches our understanding of law and state, making it more stereoscopic.