СМИСЛОВІ ВИМІРИ ПРАВОВОГО ЖИТТЯ: ГНОСЕОЛОГІЧНИЙ АСПЕКТ
THE SEMANTIC DIMENSION OF LEGAL LIFE: EPISTEMOLOGICAL ASPECT
Author(s): I. KovalenkoSubject(s): Epistemology, Phenomenology, Philosophy of Law, Ontology
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: social cognition; phenomenology of law; integrative law;
Summary/Abstract: The article is devoted to gnoseological aspect of legal life in the framework of phenomenology. The author draws attention: phenomenology understands the right as the horizon of the life-world. Phenomenological methodology involves immersion in depreciating a given life-world, and then climbing to the right horizon, with a gradual allocation of the corresponding ontological forms and structures. The expression of the process of ascension to the possible horizons of law is the concept of «legal life», which involves the description of its forms and content as the «from…» «to…». The author proves the assumption that the semantic characteristics of the life-world set the context of the integrative interpretation of the law, the purpose of which is understanding the meaning of rights contained in the structures of consciousness. This approach to the interpretation of the legal concept of life gives you the opportunity to specify its content through the following conceptual dimensions: 1) «the legal life is the real world of law»: the meaning of law will be defined as the vital practical modus activity and the context of all communications from the regulatory due to daily contacts to legal interactions, regulated by the state; 2) «the legal life is lost the Foundation of the Sciences of law»: legal life is conceived as the world of prescientific experience, in which legal, life is a process of accumulation, institutionalization, and symbolization of socially significant meanings to which people are guided in their daily activities; 3) «legal life always precedes the scientific and practical development of law»: the intrinsic value of the rights is due to the ability of an entity to the formation of ideas about «normal life»; 4) «the legal life is the space obvious statements about the law»: the meaning of the law consists in the consciousness and articulation of the entity, its presence in legal processes, and the familiarity and accessibility of legal entities involve the allocation of these standards, norms, patterns of behavior, sustained reactions to recurring situations; 5) «the legal life is an actual right»: the sense of the active presence of the law suggests that the subject is included in the right, he mastered it and almost acts or omissions in accordance with the law involved in their creation, understands law as a value and a form of social consciousness.
Journal: Вісник НЮУ імені Ярослава Мудрого. Серія: Філософія, філософія права, політологія, соціологія
- Issue Year: 32/2017
- Issue No: 1
- Page Range: 74-84
- Page Count: 11
- Language: Ukrainian