Legality as a way of materialization of the ideal of legal reality in civil society

Authors

DOI:

https://doi.org/10.35774/app2020.02.012

Keywords:

law, social regulation, public relations, legal consciousness, legal system.

Abstract

The article analyzes the philosophical aspects of social relations; researches the features of formation of relationships, as regulated forms of social relations and legal consciousness of citizens in civil society. Provides the analysis of interdependence of law and legal consciousness as factors of social regulation of social relations within the rule of law. Investigates the fundamental principles in formation of public relations upon conditions of legal harmonization of modern society.

The current jurisprudence is increasingly drawn to the philosophical study of social relations and the law as a mechanism to resolve them. Many aspects of the problem have been highlighted in publications of О. Drozdov, G. Mokronosova, Y. Pletnykova and other authors, however, some significant issues – among them the questions of the definition of public relations, the legal form of social relations, the role of law in the settlement and stabilization of social relations, - are still being the subject of discussion and require further study. For this reason, the disclosure of the place and role of law as a means of legal regulation of social relations in the state is important direction of research in the field of philosophy of law.

The article analyzes the philosophical aspects of social relations; researches the features of formation of relationships, as regulated forms of social relations and legal consciousness of citizens in civil society; provides the analysis of interdependence of law and legal consciousness as factors of social regulation of social relations within the rule of law; investigates the fundamental principles in formation of public relations upon conditions of legal harmonization of modern society.

The study concluded that the problem of legal regulation of social relations in the state is in the field of values of social life, which is characterized by a continuous process of gradual increase in the objective value of legal law. In this sense, an important role for legal socialization of an individual that takes place mainly through his appropriation of the principles of legal consciousness and legal traditions of the culture of society.

References

Stupak, A. L. (2011). Sotsialnyi poriadok yak neobkhidna umova stabilnosti suspilnykh vidnosyn [Social order as a necessary condition for the stability of social relations]. Derzhava i pravo – State and Law. Kyiv: Instytut derzhavy i prava im. V. M. Koretskoho NAN Ukrainy, 51, 115-120 [in Ukrainian].

Babaev, V.K. (1998). Obshchaia teoryia prava: Kratkaia entsyklopediia [General Theory of Law: A Brief Encyclopedia]. Nyzhnyi Novhorod [in Russian].

Malko, A. V. (2012). Teoryia pravovoi polityky: Monohrafiia [Legal Policy Theory: Monograph]. Moskva: Yurlitinform [in Russian].

Sapun, V. A. (2002). Teoriia pravovyh sredstv i mekhanizm realizatsii prava. [Theory of legal means and the mechanism for the implementation of law]. Sankt-Peterburh: Yzdatelstvo Sankt-Peterburskoho humanitarnoho universiteta profsoiuzov [in Russian].

Shundykov, K. V. (2013). Synerhetycheskyi podkhod v pravovedenyy. Problemы metodolohyy y opыt teoretycheskoho prymenenyia: Monohrafyia [Synergetic approach in jurisprudence. Problems of methodology and experience of theoretical application: Monograph]. Moskva: Yurlytynform [in Russian].

Khart, H. (2007). Poniatie prava [Concept of law]. Sankt-Peterburh: Yzdatelstvo Sankt-Peterburskoho universiteta [in Russian].

Poliakov, A.V. (2005). Obshchaia teoriia prava: uchebnyk [General Theory of Law: A Textbook]. Sankt-Peterburh: Yzdatelstvo yuridicheskoho fakulteta SPbHU. [in Russian].

Published

2020-10-07

Issue

Section

HISTORY AND THEORY OF STATE AND LAW

How to Cite

Savenko, Viktor. “Legality As a Way of Materialization of the Ideal of Legal Reality in Civil Society”. Actual Problems of Law, vol. 1, no. 2, Oct. 2020, pp. 12-17, https://doi.org/10.35774/app2020.02.012.