Evolution of legal understanding in Western philosophy

Abstract

The article is devoted to the analysis of research approaches to legal understanding in Western philosophy, starting from the ancient Greek period and ending with the second half of the 20th century. The aim of the work is to form a comprehensive understanding of the historically changing types of comprehending law (including, such areas as naturalism, moralism, traditionalism, normativism, positivism, sociologism, and realism) revealed in three aspects: formation factors, essence and criticism. The work was carried out within the framework of the modern scientific paradigm, which implies taking into account the plurality, complementarity and interdisciplinarity of approaches to the study of the surrounding world. In the context of evolution methodology, attention is drawn to the conditions of diversity, «heredity» and «mutation» of existing and existed types of philosophical views regarding the nature and essence of law. As a result of the study of the legal positions of such thinkers as Plato, Aristotle, Cicero, Thomas Aquinas, Grotius, Suarez, Pufendorf, Coke, Hale, Blackstone, Hobbes, Bentham, Kant, Austin, Kelsen, Hart, Raz, Dworkin, Fennis, Ross, and Llewellyn, an attempt was made to demonstrate the evolution of philosophical reflection on the factorial transformation of social and state reality, which contributes to “stitching of matter” of Western ideas about legal reality. The area of research implication correlates with the range of interests of scientists and professional subjects of the political and legal sphere interested in objectifying knowledge about the traditional foundations of European legal understanding, which manifest themselves in modern law enforcement practice. It can be concluded that the emergence of philosophy of law paradigms, which signifies “adaptation” to the challenges of the modern era, will ultimately determine how law and legal institutions will be understood and developed in the future.

Keywords

• philosophy of law
• legal understanding
• european tradition
• law
• morality
• natural law
• state
• positivism
• social regulation
• statute
• common law
• practice