Synergy And Contradictions Between Philosophy And Theory Of Law In Digital Era

Abstract

The focus of the paper is on the competition of two equally presentable scientific disciplines: philosophy of law and theory of law that have been recently intensified in modern jurisprudence. The demarcation of these concepts has been carried out; the question of their ontological status (entity significance) in relation to the law being which reflection they are is formulated and discussed. The paper proves that the basis for this experience is a completely different view of the same reality, which is occupied by modern theory of law. For this, the author again refers to the concept of contemplation, thoroughly thought out in German classical philosophy, and uses the hermeneutics of the three forms of image: reflection, reflection and image, proposed by G.-H. Gadamer in «Truth and Method», for the rehabilitation of the philosophy of law. It is concluded basing on the analysis of existential criticism of the prevailing forms of modern ideologies, that the existing theories of law depend on these forms. It is stated that a steady tendency had established in modern philosophy intending to return legal science to the origins of philosophical knowledge of legal reality. The actuality of the problem has been considered within the framework of digitalization of legal institutions.