Postmetaphysical thinking in law: an example of a hermeneutical philosophy

The scientific paper covers the matter of post-metaphysical thinking in law, the relevance of which is evidenced by the crisis of fundamental jurisprudence as a consequence of the refusal to comprehend ultimate grounds inherent in modern thought. To identify the conditions for the possibility of post-metaphysical thinking in law, the method of historical and philosophical reconstruction is used, which itself constitutes a hermeneutical clarification at the same time. The issue is elucidated in three steps. First, in the broad historical and philosophical context, the concepts of metaphysics and the factors that caused criticism of metaphysical thinking are considered. Further, the main motives of post-metaphysical thinking are listed and the meaning of philosophical hermeneutics as a post-metaphysical project is revealed. Finally, the features of post-metaphysical thinking in law and the role of hermeneutic philosophy of law in the post-metaphysics era are identified. Metaphysicality (characterized primarily by idealism and the priority of theory) is imagined as an integral component of philosophy, manifested in the paradox of theoretical experience, which mainly inspires criticism of metaphysical thinking. Accordingly, the transcendence of metaphysics is a permanent self-transcendence of philosophy, which, at the same time, becomes the dominant motive of modern (postmetaphysical) thinking. Hermeneutic philosophy, or phenomenological hermeneutics, is considered as an example of the implementation of a positive strategy of critique of metaphysics, the main motive of which is to reinterpret the conventional priority of theory over practice and restore the integrity of human experience. In its turn, the experience of law is considered as a paradigmatic example of experience proper, that it is always a phronetic experience, meaning that it combines theory, practice, and art. With that, the hermeneutic philosophy of law appears as an ontological theory of natural law, which localizes the ultimate grounds of law in the very structure of fundamental experience as an experience of understanding. In this way ethics is combined with ontology and makes possible both post-metaphysical philosophy and postmetaphysical law