The Notion of Legal Conflict

Abstract

The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from the point of view of its application in the practice of legal conflicts management. The methodology of the research consists of structural and functional approach that allows studying legal conflict as a complex system, each element of which performed a certain function. During formulation of the notion “legal conflict,” the formal and logical method of dieresis is used, which allows differentiating legal conflicts from other social conflicts and differentiating the notion from adjacent categories. The authors study the main directions of legal conflict in the modern science. Tendencies of development of ideas of legal conflict are determined. Conclusion on the necessity for formation of “flexible” definitions of the notion “legal conflict,” oriented at their application in the practice of conflict management, is substantiated. Criticism is applied toward the researchers that try to use the methods of conflict research for analysis of purely legal phenomena (legal collisions, gaps, arguments on competence, etc.). Definition of legal conflict is formed and it is shown how it is possible to build a system of diagnostics of legal conflict on its basis. It is concluded that definition of legal conflict always sets main directions of study of the phenomenon, due to which there are different definitions of the corresponding notion, depending on researcher’s orientation at studying the conflict or means of its solution. The key sign of legal conflict is the possibility of its regulation with legal means, which is realized by the conflict participants. It is necessary to view conflict as a space of opportunities – for participants and for legal bodies. It is necessary to form and develop a system of diagnostics of legal conflicts.