Интегративное недопонимание права

Abstract

The article proves negative consequences of the refusal of the long-standing characteristics in modern legal consciousness. Analyzes the current state of the Russian legal consciousness. Integrative legal consciousness is criticized. The author substantiates the falseness of attributing the principles of law to the forms of law. This is a typical example of a contravention of the logical law of identity, which has led to the substitution of the term “legal system” to the term “source (form) of law”. According to adherents of integration the complexity of law corresponds to the methodology, which is characterized by multilateralism, omnidirectional (different terminology) approach to the study of law. The author refers to a set of established research methods in the legal field: logical-linguistic (or formal logical), system-structural, concretesociological, axiological, information and cybernetic, mathematics (statistics), psychological, historical and others. and, of course, to the dialectical method with principles of the cognition, which to some extent are specified in the above methods. It is stated that an integrative approach to the law is contrary to the objective, scientific approach. Analyzes errors in the views of the supporters of the concept of integrative legal consciousness. It was concluded that legal science does not require an integrative approach to the law.