Legal norms in the context of sociocultural transformations: philosophical-culturological analysis
Abstract.The goal of this work is the analysis of interaction between the key forms of existence of social and legal norms. The subject of this research is the dynamics of development of the legal norms depending on the frames of sociocultural context, reflecting in public consciousness the priority of irrational (myth) and rational (logos) spatio-temporal perceptions. In such context, myth and logos are viewed as the fundamentally different methods of storage and transmission of the socially important information, which allow forming worldview frames of the rational and irrational mindsets. Methodology is based in the cultural-philosophical analysis for comparing the two main types of legal consciousness, law enforcement and lawmaking. In the course of juxtaposing the modern forms of “mythological” (customary law) and “rational” (positive law) levels of the existence of law, the author determines the peculiarities of their interaction using the example of the phenomenon of “archaization of law”; as well as demonstrates the boundaries of this phenomenon in the context of modern sociocultural transformations. The results of the conducted research became the conclusions important for specification of boundaries of the permissible interpretations in situation when the norms of customary law collide with the norms of positive law. In such case, the law enforcement practices face a dilemma: whether the reference to a custom in case of unlawful actions is a mitigating factor or aggravating factor. The scientific novelty consists in establishing worldview framework of “archaization of law”, and determining correlation of this question with the philosophical problem of the universal, peculiar and singular (and thus, with the concept of “international law”). The author substantiates the conclusion on the dual character of alignment of the values of positive law with the custom and tradition.
Keywords: archaization of law, dynamics of law development, legal rules, sociocultural transformations, value-based frames, ðhilosophy of culture, myth, logos, traditional law, positive law
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