Baltic Journal of Economic Studies (Nov 2022)
LEGITIMACY OF LAW AS ITS JUSTIFICATION AND RECOGNITION
Abstract
The subject of research is social relations in the field of legitimacy of positive law in the modern state. Methodology. The methodological basis of the study is the methods of induction and deduction, dialectical-materialistic method, method of analysis and synthesis, historical method, which allowed to objectively comprehend the content and essence of the issues under study. The purpose of the article is a theoretical and legal study of the legitimacy of law as its justification and recognition. The results of the study are: the legitimacy of law from the point of view of the theory of communicative rationality is investigated; the historical and theoretical process of development of interaction between subjects and the process of recognition, legitimation of norms in society as a social evolution is investigated; the development of the ideas of legitimacy and moral consciousness in the modern legal order is investigated; the tendencies of legitimization of positive law in the modern state on the basis of morality are determined; the peculiarities of ensuring the legitimacy of power through the legitimacy of law are highlighted. Conclusions. Law and modern morality stem from traditional relations, and they are interconnected. Legal norms are not just orders, they are fulfilled not only out of fear of coercion, but also out of respect for the law. However, for this, the legal order must be legitimate, enjoy the authority of citizens, and this is possible only if the positive law does not contradict the moral norms shared by a given society. The legitimacy of law lies, first of all, in the development of the legal basis of state and social life. But the meaning of the legitimacy of law in a society that calls itself democratic is seen not in the mere fact of existence and strict implementation of even legally perfect legislation, but in the extent to which it comprehensively embodies universally recognized humanistic goals, ideals, and values. Among them are the recognition of the people as the exclusive source of power and law, the rule of law, separation of powers, inadmissibility of usurpation and unlimited power, equality of all before the law and the court, inviolability of justice, etc. Of course, it is about fundamental human rights and freedoms with the legislative consolidation of the state's obligations to ensure and protect them. The legitimacy of law is the idea, requirement and system of real expression of law in the laws of the state, in lawmaking itself, in subordinate lawmaking with the steady recognition and perception by the population of the state.
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