Legal realization as a component of law reality: philosophical and legal research

Abstract

The article examines the nature of legal realization in the context of law reality through the prism of philosophical and legal analysis. The purpose is the formation of scientifically based knowledge concerning the place and role of legal realization in law reality. The methodology is based on the complex use of post-classical methodology, which allows studying the law nature of legal realization and its significance for the development and functioning of law reality. The findings may be outlined as follows: Legal realization is considered in the article as a complex philosophical and legal category. Ontologically, legal realization may be defined as determining means of the legal impact of positive law on the consciousness and behavior of a person. Phenomenologically, it may be considered as an independent level of law reality, which is a system of actions of subjects of law aimed at implementing state prescriptions, objectified in the totality of individual legal acts. Axiologically, legal realization is the movement of law values from their mental awareness to embodiment in those possible models of legal interactions that are constructed by subjects and then, albeit partially, are reflected directly in legal relations. Conclusions: legal realization as a complex category includes a mental component (comprehension in legal consciousness of the content of legal norms of different levels and quality, practice of their realization in practice, choice of possible options for legal and (or) non-legal behavior due to rational and irrational factors, value preferences of subjects) and an activity component (legal actions that are consistent with the requirements of the norms positive law).

Keywords

• legal realization
• law reality
• postclassical methodology
• law communication
• ontology of law
• phenomenology of law
• axiology of law
• legal norm
• law value