MEASUREMENT-EVENTS
AS A STRUCTURAL ELEMENT OF LEGAL LIFE Cover Image

ВИМІРИ-ЯВИЩА ЯК СТРУКТУРНИЙ ЕЛЕМЕНТ ПРАВОВОГО ЖИТТЯ
MEASUREMENT-EVENTS AS A STRUCTURAL ELEMENT OF LEGAL LIFE

Author(s): Inna Igorivna Kovalenko, R. R. Borysuk
Subject(s): Political Philosophy, Social Philosophy, Civil Society, Public Law, Phenomenology, Philosophy of Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: social cognition; phenomenology of law; integrative law;

Summary/Abstract: The article shows the heuristic possibilities of «legal life» concept in the ontological aspect. Sense measurements are considered as the basis of the measurement-effects, which together form the structure of legal life. It is shown that the main measurement-legal phenomenon of life is a legal entity. That it forms various ways of interpreting the legal life and advocates a legal condition for life. Phenomenological approach to determine the legal entity as a legal person, which has its own of law consciousness and is able to take an active part in the legal life legal communication.Legal awareness is defined as a multifaceted phenomenon, the core of which is the will to into practice. Analyzed the relationship between the characteristics of an entity, such as «carrier be justice» and «figure to be legal». It is proved that a phenomenological approach allows us to represent the legal norm as a form of meaningful communication between the legal entity and the legal givens of life. Discloses a polymorphism of legal norms through its substantial manifestations – logo, Nomos, ethos. It is shown that the concept of the rule of law reflects the diversity of the legal life and involves a set of values. Examined the legal judgment as the basis of existence of legal norms. Their role –a representation of the given legal life and to ensure communication between the subjects of law. Legal judgments can be formal, logical constructions, and also take the form of legal entity. The first type judgment accordingly relates to performative (declarative). The second type – motivating judgment (their characteristics are existentiality and inter subjectivity). The possibilities of social experience as the measurement-phenomena of legal life. Firstly, in a repeat of the social experience of resistance expressed manifestations of legal life. In turn, the correlation with the specific pattern of conduct is a prerequisite for the identification of the subject of law. Secondly, in the context of the social experience of legal life is presented as a multi-level system of norms and values, based not only on ra- tional but also irrational basis. Third, the social experience is understood as a form of unfolding scheme of activities in space and time.It is concluded that the measurement-events are part of the content of the legal concept of life. They allow you to define the legal life as a set of legal phenomena, which are due to activity of the subject of law, related to the social experience and embodied in legal norms and values.