Juridical thinking and evolution of semiotical remedies of constructing of law reality

Abstract

The article considers the phenomenon of legal thinking as an independent kind of thinking, whose main goal is the construction of legal reality. The author believes that legal thinking performs three most important functions: firstly, it forms the matter of legal reality formed by atomic facts, secondly, it establishes the interconnection of facts in the logical and cultural-historical space of reality and, thirdly, it consolidates facts and relations between them in various sign forms developed in the process of cognitive activity of individuals. As shown in the work, the establishment of a logical relationship between its static (constructive) characteristics and evolutionary dynamics is of particular importance in terms of theoretical understanding of legal reality. According to the author, it is the activity of legal thinking that creates the prerequisites for the evolution of law and legal reality in the historical dimension. Cognitive and other creative activity of legal thinking creates those symbolic forms in which the interrelation of facts and factual complexes takes on an external expression. Moreover, in the course of evolution there is a complication of such forms, their acquisition of universality and validity.
 The work demonstrated that the most important regularity of legal evolution is the formation on the basis of specific situations of legal communication of subjective rights, which in the future, as they are typified and distributed to an increasingly wide range of individuals, are transformed into legal norms. This regularity gets its justification and confirmation both on general scientific material and on the example of legal science, which acts as the highest level of organization of legal thinking. The consequence of the processes under consideration, according to the author, is the formation of a common legal reality space for all individuals, which is a single field of intersubjective communications.