Иррациональность в государственно-правовой реальности

Abstract

Introduction: the phenomenon of irrationality is deeply rooted in being. Its multidimensional nature, on the one hand, attracts attention, forcing us to evaluate its real, actual influence in one or another sphere. On the other hand, it may seem that its versatility is rather exaggerated, because how in the modern world can one analyze ontological phenomena based on irrationalistic positions? Moreover, how can we doubt the rationality of such a stable institution as the state? Despite the gradual rationalization of the entire system of state power, rooting in society the idea of the necessity of the state itself, less rational systems of power, and perhaps, even irrational ones, have existed for thousands of years. Moreover, the state began to acquire its inviolability and stability precisely during the period of less rationality of society. Methods: the methodological framework for the study is the methods of analysis, induction, analogy, and the historical, structural and functional methods. Among the results, first of all, there is the fact that irrationality in the state is by no means a relic of the past. On the contrary, it is inherent in modern states. This actualizes the need for its detailed analysis. The main conclusions include the following: 1) the theory of progress, reflecting the regularity of the development of society, explains the gradual rationalization of the state itself; 2) the ideas of the psychological school of law quite definitely demonstrate the manifestation of the ancient Roman saying consènsusfàcitjus (consent creates law), since it is tacit consent, which is inherently irrational before the authority of the state and forms it as a stable system; 3) the study of the phenomenon of irrationality in the state is able to reveal various problems in a new, not so obvious light.