俄罗斯社会中的腐败话语

A. Skorobogatov, A. Skorobogatova, A. Krasnov
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引用次数: 0

摘要

目的:研究话语和交际语境中腐败现象的社会文化和法律性质。方法:本文的方法论基础是对哈贝马斯和克拉维茨的法律现实综合理论的话语论和交际论的综合,将腐败作为一个跨学科范畴进行跨学科研究,既考虑客观成分,也考虑主观成分。这决定了研究方法的选择(比较、解释学和话语方法)。结果:腐败作为一种现象及其反映的跨学科范畴是由法律现实发展的社会、文化和心理因素决定的。作为一个复杂的法律原型,它定义了法律交流参与者的意识和行为的价值态度,引导他们采取旨在满足个人(较少是群体和社会)利益的行动,即使这些行动与法律相抵触。腐败行为被俄罗斯社会的很大一部分人视为法律交流主体的等级互动模式,根据收件人的说法,其目的是提高收件人活动的有效性。此外,根据一些社会代表的说法,腐败正在成为一种从法律要求中“解放”的非正式手段,僵化和不公平。在这种情况下,反腐败的制度性斗争要取得成功,不仅要完善反腐败立法,还要打击影子规范,通过形成公民的价值态度,从意识形态上对腐败行为进行反激励,将腐败行为视为不爱国的、对法治和整个社会的法律文化有害的行为。科学的新颖性:在俄罗斯法理学中,首次从交际和话语的角度对腐败的范畴进行了研究。现实意义:本文的主要规定和结论可用于科学和教学活动中考虑俄罗斯法律现实的本质和内容问题,可用于国家和市政机关的反腐败活动,也可用于反腐败教育。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Discourse of corruption in the Russian society
Objective: to study the socio-cultural and legal nature of the corruption phenomenon in a discursive and communicative context.Methods: the methodological basis of the article is the synthesis of the discursive and communicative theory of J. Habermas and W. Krawietz’s integrative theory of legal reality, focusing on the interdisciplinary study of corruption as an interdisciplinary category, taking into account not only objective, but also subjective components. This determined the choice of research methods (comparative, hermeneutic, and discursive methods).Results: corruption as a phenomenon and the interdisciplinary category reflecting it is determined by social, cultural and psychological factors of the legal reality development. Acting as a complex legal archetype, it defines the value attitudes of consciousness and behavior of the legal communication participants, orienting them to carry out actions aimed at satisfying individual (less often group and social) interests, even if they contradict the law. Corrupt behavior is perceived by a large part of the Russian society as a model of hierarchical interaction of the legal communication subjects, the purpose of which, according to the addressee, is to increase the effectiveness of the addressee’s activities. In addition, corruption is becoming an informal means of “liberation” from the legal requirements, rigid and unfair, according to some representatives of the society. In these conditions, the success of the institutional fight against corruption can be achieved only if this fight involves not only improvement of anti-corruption legislation, but also countering shadow norms, creating a system of anti-incentives for corrupt behavior, including ideologically, through the formation of value attitudes of citizens to reject corrupt practices as unpatriotic and harmful to the rule of law and the legal culture of the society as a whole.Scientific novelty: for the first time in Russian jurisprudence, a study of the category of corruption in the communicative and discursive aspect was conducted.Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activities when considering the issues of the essence and content of the Russian legal reality, in the anti-corruption activities of state and municipal bodies, as well as in anti-corruption education.
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