Що є право? Ключові моменти концепції правової реальності

Abstract

A philosophical reasoning of the phenomenon of law through the category of the legal reality is a subject of the article. By this way we understand law as particular world of human existence. The legal reality was conceived as a special relatively autonomous world of law, a multilevel system of law phenomena with its own structure, which should be taken into account in the process of creating activity of human being. The sense of this deontological reality is expressed as mutual obligation in the process of interrelation of subjects. The structure of the legal reality is revealed in two aspects: dynamic – as a successive and permanent movement from the first ideal forms (the idea of law) through the forms of signs and information (legal norms, laws) and towards concrete interrelations between subjects (legal life), and substantive – as a unity of the shape of objects and ideal sense content (positive law and natural law). Adequate reflections of the structure of law are the integral conceptions of law which emphasize its dual nature. The recognition of the dual nature of law is not a statement of its dualism, that is, the existence of two separate realities (natural and positive law), and is a recognition of the two measures of a single phenomenon of law. These measures (ideal and real) are reproduced in addressing all legal issues.