Legal Norm as a Sociocultural Phenomenon in Postexistential Thought
Keywords:
philosophy of law, rule-making, lawmaking, culture, sociodynamics, sociocultural phenomenon, postexistential thought
Abstract
The article deals with the idea that time has come for the philosophers of law to address to the problem of lawmaking by considering it in the wider context of social rule-making, which would correspond to sociodynamics of the modern culture and determine man’s place in it. If the subject of legal science is the study of trends and the objectives, the patterns of legal rule-making, the study is the semantic interpretation of the legal norm and its social relevance and cultural values which it provides, includes the philosophy of law as a discipline of practical philosophy. The authors carried out a brief retrospective analysis of the origin and functioning of law at the different stages of social development, to emphasize their social conditioning. On this occasion they actualize some of the nuances of philosophical and methodological nature concerning post existential thought as a synthesis of cultural and legal anthropology. This synthesis allows to combine the general and theoretical (scientific and methodological) and general cultural (philosophical and ideological) approaches in the legal rulemaking. It can not only be regarded as a design of the different formal and legal configurations or as a technical means of legal architectonics. The concept of «lawmaking» within the meaning is broader than «legal rule-making». The legal norm is a sociocultural phenomenon and its content goes beyond the instrumental series of legal science and acquires an ideological scale.Downloads
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Section
Specific Areas of Legal Philosophy (Ontology, Gnoseology, Anthropology, Praxeology)
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