Problems of defining legal reality in philosophy and legal science
DOI:
https://doi.org/10.31489/2021hph3/146-152Keywords:
legal reality, social reality, legal life, existence of law, legal system, institutionalization, law sphereAbstract
The article considers the problems of determining the legal reality category in the law philosophy. The aim of the research is to generalize scientific knowledge and theories that reveal the category of legal reality. With the help of general and special research methods analysis and generalization of scientific material is carried out, consideration of various approaches to legal reality in order to identify the main features and constituent elements of this category. The points of view and scientific positions of philosophers and legal theorists in the field of researching the legal reality problems are analyzed and compared. The categories of «legal reality», «legal life», «legal system» as phenomena of social reality interacting with each other and constituting the broadest philosophical and legal category of «legal reality» are considered. The result of the research is the consideration of legal reality as the most general category, which includes the entire spectrum of legal phenomena occurring in social life. The legal reality research is considered to be the basic requirement of modern humanitarian science, which aims to ensure the most complete the human personality development in harmony with public interests and needs, the most important of which are mediated through law and legislation. The main determining the right reality problems are highlighted, which are due to a wide range of the phenomenon under consideration, a large constituent elements number, a different law understanding and the elements included in this category. Legal reality is a complex category, it is the real existence of legal matter as a type of social reality, which is characterized by universal existence forms of matter: space, time, movement.