Правовая реальность в контексте социальной реальности: философско-правовой аспект

Abstract

The philosophical and legal analysis of the category “legal reality” is presented in relation to the problems of the correlation of this legal phenomenon with the category “social reality”. The author declares and proposes to study the special relationship between the concepts of “social reality” and “legal reality” outside the framework of the general theory of law. Taking into account the connection of these concepts, it seems that “legal reality” as a philosophical and legal category is closest to interpretation as a “layer”/a “slice” or, in essence, a separate manifestation of “social reality”. Special attention is paid to the formulation of the problem of different understanding of social phenomena in relation to legal and social reality, the issues of possible interpretation of the facts of social life in absolutely different ways in “legal reality” and “social reality”. Differences, on the other hand, do not act as contradictions, but represent, to a certain extent, a variety of forms of social life. If there are points of contact, there is room for interpretation of various manifestations of “legal reality”. As examples of the contact between “social reality” and “legal reality”, the author refers to the social and legal aspects of such a legal category as “thing”, as well as the importance of language for the formation of “legal reality”.