Миф как ключ к пониманию современной правовой культуры

Abstract

The article substantiates the role and significance of myth as the most relevant way of understanding the peculiarities of legal culture. The ahistorical semantic core of the myth is emphasized, which remains unchanged in its basic semantic parameters. Legal culture is seen as fixing some aspects of the myth at the level of everyday communication. It is proved that the axiological parameters of existence are undoubtedly determined by the myths with which modern culture is overgrown, on the one hand, resurrecting long-forgotten mythological forms, and on the other hand, producing alternative mythologems. The mythologization of law appears in the form of such trends as a return to the application of customary law, leading to degradation processes in the field of legal culture and legal consciousness. It is concluded that the presence of a scientific paradigm does not guarantee that certain myths will not function in society since from the cultural sphere itself the myth began to gradually become actualized in the field of politics and law, which can be observed in modern realities. The article substantiates the duality inherent in modern law as a developing organism, which is due to the fact that in modern conditions law begins to act as a mirror of the transformations that occur in society at the level of everyday practices. An analysis of the paradoxes of the modern legal system of national societies indicates the limitations of such a phenomenon as the mythologization of law, which in modern conditions leads to the formation of legal universals as a product of the globalization process, the logical conclusion of which will be the organization of supranational institutions that regulate the sphere of legal relations.