Metamorphoses of guilt (problem statement)
Based on the concept of integrative legal understanding, exploring the provisions of the doctrine of law of the metamodern era and synthetic legal theories, the work presented to the attention of readers analyzes the «orthodox» doctrine of the «psychological nature of guilt» for criminal law in the prism of current knowledge of the sciences of psychology and semantics, in the context of differentiation of understanding of the phenomenon of guilt in various branches of law; which made it possible to form the basis for a critical approach to understanding the subject of research. Object of study: a set of provisions of psychological and legal doctrine, norms of criminal, criminal procedure, civil, civil procedure and administrative law on the nature, essence, forms and types of the concept of «guilt». The research methods were system analysis and synthesis of psychological and legal materials; logical, semantic, axiological and a number of other applied methods. The purpose of this study is to formulate the problem of the need to form a single, consistent idea of the phenomenon of «guilt» in all branches of the sciences of the humanities cycle. Achieving this goal is supposed to solve the following tasks: determine the approaches to the study of the phenomenon of «guilt» in the era of metamodern law; to identify the problems of synthetic concepts of understanding guilt in the psychological doctrine; explore the logical and methodological contradictions of the institution of guilt in criminal law; to establish the parameters of the contradiction between the academic concept of the «psychological» understanding of guilt in criminal law and the standards of psychological science; to analyze the structural aspects of the construction of the concept of «guilt»; to study the problems of implementing the provisions of the academic concept of «psychological» understanding of guilt in the context of applied law enforcement; consider the range of approaches to understanding the nature of guilt in various branches of law; to determine the most promising areas of legal regulation of legal relations in the field of establishing the guilt of the subject, as well as the qualitative and quantitative characteristics of his guilt.