ПРАВО ТА НЕПРАВО В КОНТЕКСТІ НЕРІВНОВАЖНОСТІ ПРАВОВОЇ РЕАЛЬНОСТІ

Abstract

Among the key issues that have emerged when one tries to distinguish non-legal phenomena among the other phenomena of reality is the matter of finding a generally accepted standard, which, in fact, is denied by a non-law. Therefore, in this connection the non-law reality can be identified precisely by searching for a legal reality as its direct antipode. It is noted in the paper that in the framework of legal reality, there is a situation when the asymmetry of law and non-law is deemed to be a necessary condition for the existence of the public order "Universe". Moreover, the difference between these antipodes is often quite obscure. The situation described can be viewed from the perspective of a synergetic picture of the world, according to which society is a special type of non-equilibrium system. Its stability is ensured by the artificial mediation of external (with the natural conditions) and internal relations. Viewed from this angle, due to the open nature of the social system a certain threat can lead to the emergence of a qualitatively new order. This, in turn, can significantly affect the changes in legal consciousness of the relevant community, inter alia form a new format of asymmetries between law and non-law. In connection with the legal reality, there may be a phenomenon of legal norm superposition. The latter means an existence of a state of uncertainty in the legal norm implementation, notably when there is a situation when an outside observer can determine the "parameters" of the legal norm existence. The author therefore concludes that in some cases a legal norm can be positioned in some kind of a superposition. That is, to find out in what condition the legal norm is, whether it is a manifestation of law or non-law, is possible only by understanding a certain set of conditions that take place within this norm. Also, the author reaches a conclusion that the application of the approach according to which the differentiation of law and non-law in the context of specific legal requirements is relative enough. Consequently, such an approach enables legal thinkers to change the angle of a number of problematic issues. In particular, one such example is the delineation between acts that are subordinate or not to the spirit of the law or the specifics peculiar for dynamic interpretation.