Uniform Application of Laws in the Context of Post-Classical Law

Abstract

The article reveals the impotence of classical legal theories to explain the inconsistency of the practice of applying laws. The legal dogma is subjected to the phenomenological analysis. Moreover, its inability to overcome the conventions of pure jurism is shown. From the position of postclassical jurisprudence, the theory of natural law is criticized. The necessity of refusing to contrast natural and positive law is substantiated. The communicative concept of law, its cognitive value and role in ensuring a uniform application of laws are considered. The criticism of integrative legal theories is evaluated from the perspective of the functionality of law in the form of resolving social conflicts. The approach that reduces legal theory to a method of resolving conflicts is called into question. The negative influence of the dichotomy of positive and natural law is argued, both on the uniform application of laws and on the rule of law in general. From the point of view of the functionality of law, the correlation of its material and procedural branches is revealed. As a result, a hypothesis is formulated that the main direction of the development of legal science is the creation of integrative law that can combine various legal concepts, which will allow us to build a rigid legal dogma based on unified methodological foundations and remove contradictions between legal theories in resolving social conflicts