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Book chapter

Размышления о преподавании теоретической юриспруденции в постсоветской России

С. 4-23.

In this article the author considers some current issues of the state of legal education in Russia. As the main problematic aspects the author singles out the weak theoretical development of Russian legal doctrine, which makes it difficult to instill in students a culture of critical thinking and basic legal skills. Retrograde legal theory, based on a formalistic approach, denies the possibility of choosing between different options for interpreting norms and thus comes to deny the significance of analyzing such options and the need to justify the choice between them. While imparting to students knowledge of legal texts and their system of organization in the legal order, the current system of legal education does not provide students with the knowledge of how to make legal decisions in situations where there is no applicable norm, its ambiguity, or its moral, logical, or other defects. Traditional reasoning about analogy (of law or law) does not allow for the development of adequate methodological tools for dealing with such situations.