NEW UNDERSTANDING OF THE ESSENCE AND MODELS OF MODERNLAW: FEATURES AND TRENDS OF DEVELOPMENT

Abstract

The article is devoted to the study of the phenomenon of law and its models at the present stage of development of legal science. It also discusses the features and trends of the development of modern law. According to the author, only information that is not only theoretically, but also practically important for a person whom he trusts not only with his mind, but also with his feelings, turns into law. The legal model proposed by the author allows us to consider the eff ectiveness of various intellectual and socio-psychological strategies for the formation of law in modern conditions. This model of law takes into account such components as information that is directly contained in the law, the value and signifi cance of faith, the relationship between these components that form the structure of law.The author analyzes the signs of law from the point of view of the features of its modern understanding, the factors of the development of law in a transformational society, identifi es the main trends in law and explores legal integration as a union of national legal systems by bringing their basic elements in line with certain legal standards.The author introduces the concept of the category of law as an instrument of scientifi c knowledge. The option of recognizing the fate of law by interpreting will and thinking is proposed. The necessity of a new paradigm of law is substantiated. The author has successfully shown that today the theory and philosophy of law require research, methodological anthropocentrism.Law is being considered as an objective reality that is embodied in a certain form.Law is the basis of volitional aspirations, the foundation of human activity and initiative. It synthesizes in itself the results of the functioning of the entire system of purposeful education of an individual and collective subject. The concept of «law» is organically inherent in a certain internal orientation, self-refl ectiveness. The subject seems to «peer» into his spiritual world, comparing the degree to which his knowledge, views, ideas and attitudes correspond to actual life needs and interests, as well as the real conditions for their satisfaction.Law as a property of a subject is characterized by the following parameters: orientation (humanistic, anti-humanistic, optimistic, pessimistic, etc.); intensity, depth (superfi cial, that is, at the level of weak cognitiveness, medium depth), covering the sphere of consciousness and subconsciousness, without being aware of its fundamental ways of representing, and deep – full, covering the sphere of consciousness and unconsciousness in breadth.The driving force of law is manifested in its infl uence on all components of the worldview. It correlates with the worldview as part and whole. The processes of formation of worldview and law coincide, although they have their own characteristics. The worldview functions through law in the correctness of its original concepts and foundations. Law expands, deepens the worldview, realizing its functions. The quality of law, of course, depends on whether on the basis of what level of social consciousness it has formed – everyday or theoretical.