Критерии правового прогресса

Abstract

The article is dedicated to philosophical and legal research of the criterion of legal progress. Based on the study of content, features and meaning of the legal progress for the development and functioning of the legal reality, the authors conclude that the criterion of legal progress should be considered as a methodological and epistemological instrument that expresses all possible aspects and indicators of making the legal reality perfect. The authors underline the necessity to distinguish the criteria of legal progress and the progress viewed as a social phenomenon generally. Using teleological approach to the study of the criterion, the article states that the ontological criterion of the legal progress mostly expresses the success in the development and functioning of the legal reality. This success depends on the degree of achievement of the goal of the legal progress. The article interprets goals, tasks, mechanism of transformation as a legal criterion. The authors update axiological, subjective, objective criteria of the legal progress. They underline that the criteria of the legal progress have dual nature (subjective and objective). This nature is caused by interpretative peculiarities of this category, the representatives of societies and reflection about different legal interests. That is the reason why they cannot be universal. The legal progress in general is socially and culturally dependent and cannot be examined without a certain historical period of development and the level of legal reality.