DOI: 10.7256/2454-0757.2013.11.5102

Abstract:

DOI: 10.7256/2305-9699.2013.3.562

Abstract: Article is devoted to the analysis of the psychological circumstances causing negative or positive nature of legal thinking; to creative process of legal thinking which is investigated with a support on the experience of mathematical creativity described in literature. Similarity of mathematical and legal nature of thinking and creativity is emphasized; the value of esthetic ideas of justice in formation of legal rules and their understanding. Consciousness and subconsciousness interaction in creation of legal values is analyzed, their characteristic is given. The selection criterion is defined by consciousness of legal truth of the unconscious. Value of esthetic unit of the content of intelligence in intentsionalny experience of creative comprehension of legal reality is estimated. Psychological obstacles to free, objective and proportional legal thinking, their influence on formation of the professional identity of the lawyer are investigated. The characteristic of psychological obstacles is provided to creativity of legal values. It is offered to consider destructive factors of legal thinking at procedure of selection of shots for the most important spheres of law-enforcement activity.

DOI: 10.7256/2454-0749.2013.3.9533

Abstract:

Abstract: In article the current state and tendencies of development of some philosophical problems of the law  are studied. In particular, the article concerns degree of etatism, reification, and funding of the law, as well as the influence of the concepts proving  objective existence of the legal fundamentals, and its understanding as the instrument of suppression of freedoms of individuals, as well as the current state of the post-Soviet understanding of law and its role in formation of the state and the official doctrine. The author presupposes the need for independent, conventional, but not domineering, compulsory, unilateral, exclusive character of formation and existence of law.