СОЦІОЛОГІЗАЦІЯ ПРИРОДНОГО ПРАВА: ДО ПИТАННЯ ПРО СУМІСНІСТЬ ТИПІВ ПРАВОРОЗУМІННЯ

Abstract

The article presents research of the widespread tendency to justify the concept of natural law within empirical sociocultural and anthropological factors in order to deprive it of its metaphysical character, which corresponds to sociological methodology. Emphasis is laid on the assumption of fundamental compatibility of the concepts of natural and sociological law, which, according to the author, is false. This outlines the related goal of the thesis that lies in proving formal logical and methodological incompatibility of the aforementioned concepts as well as inability of the sociological interpretation of natural law to solve the problem of lack of trust therein. Emphasis is also laid on inability of sociological methodology to solve the problem of ethical justification of the correctness of legal standards and behavior, which is clearly manifested in the projections of legitimacy and values. It is emphasized that the ethical foundations of law are not derived from the actual condition and require absolute values of transcendent (metaphysical) nature. The conclusion is made that natural law and sociological law are comparable but logically incompatible concepts, since they are formed according to opposite essential features determining the oppositeness of the elements that constitute their scope. In addition, the notions and concepts under research are opposite according to the ontological principles of origin and essence as well as according to the cognitive ideals forming the principles of their methodology. Together, this makes it possible to insist on the oppositeness of their nature. However, their oppositeness does not exclude complementarity in performance of the methodological work they do, albeit in their own way. Therefore, the gaps in knowledge of the ontological foundations of the theory of natural law are not a reason to abandon its instrumental capabilities as a value-oriented measure for the norms established by people. To restore trust in natural law, sociologization thereof is not enough, since the empirical methodology of sociologism creates only the illusion of solution to the problem of justifying the ethical foundations of the legal order solved by the concept of natural law in a different cognitive way. Key words: natural law, sociological law, sociologization of natural law, sociological methodology, metaphysics, legitimacy, values.