DOI: 10.25136/2409-7144.2019.12.31035

Abstract: The goal of this work is the analysis of interaction between the key forms of existence of social and legal norms. The subject of this research is the dynamics of development of the legal norms depending on the frames of sociocultural context, reflecting in public consciousness the priority of irrational (myth) and rational (logos) spatio-temporal perceptions. In such context, myth and logos are viewed as the fundamentally different methods of storage and transmission of the socially important information, which allow forming worldview frames of the rational and irrational mindsets. Methodology is based in the cultural-philosophical analysis for comparing the two main types of legal consciousness, law enforcement and lawmaking. In the course of juxtaposing the modern forms of “mythological” (customary law) and “rational” (positive law) levels of the existence of law, the author determines the peculiarities of their interaction using the example of the phenomenon of “archaization of law”; as well as demonstrates the boundaries of this phenomenon in the context of modern sociocultural transformations. The results of the conducted research became the conclusions important for specification of boundaries of the permissible interpretations in situation when the norms of customary law collide with the norms of positive law. In such case, the law enforcement practices face a dilemma: whether the reference to a custom in case of unlawful actions is a mitigating factor or aggravating factor. The scientific novelty consists in establishing worldview framework of “archaization of law”, and determining correlation of this question with the philosophical problem of the universal, peculiar and singular (and thus, with the concept of “international law”). The author substantiates the conclusion on the dual character of alignment of the values of positive law with the custom and tradition.

DOI: 10.25136/2409-7144.2019.11.31011

Abstract:  The goal of this work is the philosophical-culturological analysis of individual categories of legal consciousness comprising the arsenal of the modern representations on law as a system of positive descriptions and prescriptions; as well as the determination of irrational components that fall under the value fundamentals of individual legal provisions and norms. The subject of this research is the legal consciousness of the representatives of legal professions, including “self-representation” (lawyer),  categories of “justice”, “morality”, “professional worth”, and peculiarly “legal consciousness” and “legal culture”. Categorical analysis of the aforementioned concepts demonstrates the high level of their mythologization. The research method of these dynamic structures of legal consciousness of a lawyer became the comparative analysis, based on the dynamic approach towards understanding of values, principles of historicism and scientific objectiveness; as well as the method of saturated interpretation. The scientific novelty is defined by the acquired conclusion on the presence in the indicated components of an essential mythological element, which may disorient the practically oriented specialist. The specificity of the Russian legal consciousness serves the existence of the extralegal social regulators and operation in assessing legal violations accordant to the concepts of “common sense”, “conscience” and “morality”, which finds reflection in the various codes of professional ethics (investigator, lawyer, etc.). The main result of this work lies in identification of the dependence of emotions of an individual, expressed using the category of “justice”, on the cognitive element of mass legal consciousness. Uncritical attitude to “legal myths”, manifesting as indestructible foundation of legal order, may lead to undesirable social consequences, determine the various forms of delinquent and deviant behavior, legal nihilism, anomy , etc.; as well as result in professional deformation.