On Some Topical Issues of Modern Philosophy of Law

Abstract

Introduction. The article presents a modern view of the most important problems of the philosophy of law. The author’s vision of complex philosophical and legal issues in ontological, methodological and axiological aspects is presented. The author makes conclusions about the importance of the philosophy of law for legal science. A number of issues that are both interesting and relevant for ancient and modern science have been studied. Certain methods (hermeneutic, phenomenological, synergetic) for philosophical and legal research has been applied and substantiated. Theoretical Basis. Methods. The specificity of the research topic demanded an integrated approach to the methodology. Thus, the article used the system-structural, comparative, hermeneutic, analytical methods, the principle of historicism, abstracting and concretisation. The peculiarities of the aim of the study – to identify the most modern (from the point of view of the author) philosophical and legal problems in connection with the ontological, methodological and axiological functions of law – also determined the peculiarities of the interpretation and presentation of the material. Results. The problematics of the idea of law has been studied taking into account the ongoing processes of globalisation, specifically; – The correlation of modern philosophy and theory of law with the priority of the continuity of philosophical and legal scientific knowledge; – The definition of the status of philosophy of law in the system of scientific knowledge; – The substantiation of significant methods of philosophy of law; – The analysis of the value comprehension of questions of philosophy of law in connection with the revision of traditional views on the essence and meaning of law is. Particular attention is paid to ancient ideas that remain valuable – namely the meaning of life, faith in one’s ideals, consistency, and fortitude. The idea of public and private good is considered from modern positions. Discussion and Conclusion. The analysis made it possible to conclude that the philosophy of law, on the one hand, develops under the influence of established traditions, whilst on the other hand, it needs modern understanding and argumentation from the standpoint of continuously developing scientific knowledge.