Legal culture as a factor of legal reality (socio-philosophical analysis)

Abstract

The article examines the defining legal culture problem as one of the main legal reality factors, considered in philosophy and in the law theory. The purpose of the investigation is to generalize scientific knowledge and theories that reveal the relationship between legal culture and legal reality. By applying general and special research methods, analysis and scientific material generalization, consideration of various approaches to legal culture and legal reality to identify these categories relationship of their constituent elements are carried out. The authors analyze and compare the perspectives and scientific positions of philosophers and legal theorists in the researching field of the legal culture development in modern society in the legal reality formation. The categories “legal reality”, “legal validity”, “legal culture” as phenomena of social reality interacting with each other and constituting the broadest philosophical and legal category “legal reality” are considered. The result of the research is the legal culture consideration as a factor that determines legal reality, which includes the entire spectrum of legal phenomena encountered in legal life. The legal culture research and legal reality are considered as the basic modern humanitarian science necessity, which aims to ensure the most complete development of the human personality in harmony with public interests and needs, the most important are mediated through law. We highlight the main problems of the legal culture and legal reality definition, which are due to a wide range of considered categories, a large number of constituent elements, different understanding of a law and legal life. Legal culture defines legal reality as the real existence of legal matter as one of the types of social reality.