Ontology (Existence) of Law in Modern Realities of Legal Regulation of Socially Oriented Economy

Abstract

The paper analyzes philosophical and philosophical and legal approaches to the definition of such concepts as ontology of law and existence of law in the history of world legal thought. The author has elucidated the views on the ontology of law in the history of the Ancient World, Middle Ages, New and Modern Times. Thus, the doctrine of existence was central to the philosophical and legal constructions of Antiquity. In the Middle Ages, ontology was associated only with God, in the era of modern times the existence of law, depending on the philosophical and legal doctrine, was defined as an absolute idea, as a manifestation of the will of the State, as rights of the individual, or as the Divine Providence. Particular attention is paid to the analysis of various approaches to the definition of the content of ontology (existence) of law in economic law as a new innovative component of the Russian system of law in the era of an information society. Particular attention is paid to the interpretation of ontology of law in natural legal and positivistic doctrines of legal understanding, the general and special features of the content of ontology of law in philosophical and legal doctrines of the past. The 19th-20th centuries witnessed the development of a “new philosophy” focused on scientific and technological progress creating a new economic reality, when the existence of law is presented as an object of ontology in the unity of interpretations of the objective and subjective giving the opportunity to know the reality in its various hypostasis. The legal environment as a subject matter of the philosophy of law at the present stage of development of the digital economy focuses primarily on propaedeutics and characterization of property rights as a necessary condition of the development of modern society. The author has come to a reasonable conclusion that in the framework of the Russian ontology of law it is necessary to apply a converging approach in order to strengthen social orientation of the Russian economy with due regard to integrative legal understanding.