Baltic Journal of Economic Studies (Sep 2022)
DISCIPLINARY PERSPECTIVE OF THE THEORETICAL AND LEGAL PROFILE OF THE LEGITIMACY OF LAW
Abstract
The subject of the study is the definition of the disciplinary perspective of the theoretical-legal profile of the legitimacy of law. Methodology. The methodological basis of the study are methods of induction and deduction, dialectical-materialistic method, the method of analysis and synthesis, the historical method, which allowed to objectively understand the content and essence of the issues under study. The aim of the article is to investigate the theoretical concept of legitimacy of law in the context of its correlation with the concept of legitimacy in the modern state of law. The results of the study showed that the disciplinary perspective of the theoretical-legal profile of the legitimacy of law is defined. Namely: proposed a modern theoretical and philosophical genesis of the legal understanding of the legitimacy of law and legality; investigated the relationship of legality, legitimacy of law and legal consciousness in the theory of state and law; identified conceptual directions in the study of the phenomenon of legitimacy of law. Conclusion. Legitimacy is both a constructive and a destructive concept. In its strict form, this concept characterizes a certain moment of attitude toward the law and the problems of its effective functioning. However, in philosophy or legal theory, for example, legitimation should thus mean communicating a legitimate-legal character to the law. It appears that this concept, which has a purely legal etymology – legitimate, excludes from the law its value essence, shifting the center of gravity to the practical assimilation of the law in the public and individual consciousness. This gives rise to a rather peculiar construction. Law can be anything, the main thing is that it corresponds to a formal procedure. The right thus legitimized enters a new stage – assimilation and acceptance in the public and individual consciousness. If it is not accepted voluntarily, it does not cease to be a right, but suffers from a lack of legitimacy. In essence, legitimacy captures two essential points: the first is the orientation toward dialogue with society and with each of its members individually, that is, the final sanction in the minds of the people or its majority; but, on the other hand, it is not the law itself that possesses some internal attribute of supreme legitimacy, but only its collective psychological perception and justification. In other words, the central issue in this approach is, on the one hand, the role of individual consciousness and, on the other hand, it creates a very wide scope for technological, in the sociological and political sense, influence on collective consciousness.
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