Вісник НЮУ імені Ярослава Мудрого: Серія: Філософія, філософія права, політологія, соціологія (Mar 2016)
LegaL life in integrative right understanding: semantic contours
Abstract
The phenomenology of legal life is the perspective direction of social philosophy and legal philosophy. A phenomenology task – to create the theoretical and methodological bases for development of integrative understanding of the right and to investigate legal subject. The phenomenological reduction allows to replace various interpretations of the right with a concept «legal life» and to reveal an essence of «the live right» in consciousness of the subject. Article shows how a semantic sheaf «the right – life» is used in different types of understanding of the right. Features dogosudarstvenny, natural and legal, legal and positivistic and sociological are shown to an explication of life of the right. The conclusion is drawn: legal life is understood as the active beginning of social and personal life; it is presented in all classical types of understanding of the right: legal life is interpreted as cultural and historical conditions, the metaphysical beginning, a way of activity of society. In integrative understanding legal life can be considered as a semantic frame of the specified interpretations. One of the main tasks – step by step to create legal object of knowledge. Options of definition of object of integrative understanding of the right are shown in article: protosense of the right and moment of existence of the right, ontologic reality of the right, protonorm, communication. Various options of understanding of the substantial importance and functionality of the concept «legal life» are shown in article. The assumption is made that the concept «legal life» isn’t legal category. It is a philosophical concept in a stage of permanent formation. Specific characteristics of legal life as philosophical concept are shown. The concept «life» of Edmund Gusserl’s doctrine is specified. Semantic parallels are shown by the concept «legal life». The conclusion is drawn: legal life is a specific legal object which unites phenomenology of the right and integrative understanding of the right. Legal life is shown as a way of human existence which is realized in activity of the legal subject in actual contents of precepts of law and values.
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