Правовая идеология: возможность структурно-функционального подхода.

Abstract

Today, theorists of science traditionally attribute issues of ideology to the sphere of political science and social philosophy. Representatives of modern legal science, especially in Russia, are much less likely to express their views on this problem, including because it is rather difficult topic for jurisprudence. Prof. Klimenko’s monograph seems to us particularly interesting in this regard. He considers legal ideology as a mechanism for organizing the entire ideological sphere of society, scrupulously analyzes contemporary sociopolitical processes, determines the place and tendencies of the ideological component in law, and notes the growing importance of legal legitimacy discourse. We pay tribute to the courage of the author, who presented his own vision of acute and challengeable issues of the essence and nature of legal ideology in modern Western-style society, as well as analysis of the meaning of such ideology in the context of a modern politically organized society: this is a purely legal analysis that differs significantly from that adopted in political science. Prof. Klimenko seeks to focus not on the task of defining the definition of legal ideology, but on how to solve the methodological task posed in the study of this extremely important multifaceted phenomenon: preventing absolutization of any of its features, since this, according to the researcher, leads to Service concept of legal ideology or to its mythologization. The ‘multidimensionality’ of the political ideology, taking into account the entire degree of complexity of this phenomenon at all stages of its functioning, allows revealing a thorough consideration of its structure. As a result, the author was able to show that legal ideology is in demand as a special mechanism for organizing the ideological sphere of modern society, primarily because it is capable of performing a number of important functions in modern states. These functions are analyzed in detail in the monograph in the context of the objects of influence of legal ideology. Prof. Klimenko argues that the most important are the functions determined by the essence of legal ideology, and not its nature: such functions he considers as optional and rudimentary. In his monograph, the researcher classifies the functions of legal ideology depending on the objects of influence to which he relates: a person, the state apparatus, civil society, a politically organized society, the legal system as a whole. We conclude that Prof. Klimenko’s monograph demonstrates the effectiveness of applying functional-structural approach to the issues of legal ideology and its evolution in the modern world.