Yearly journal of scientific articles “Pravova derzhava” Volume 32 (2021),
Sunegin Sergiy. Legal science: development problems in the context of modern value and ideological realities.
Introduction. The article investigates conceptual problems of legal science in modern values and ideological realities. The originality of the current stage of development of legal science in the context of global affirmation of liberal-democratic values of public life is manifested not only in the fact that the relevant political and legal phenomena are studied today taking into account the dominance of liberal values in democratic societies, that is, in the context of their relationship, interaction and interdependence with such values (for example, individual rights and freedoms, rule of law, free enterprise, private property, etc.).
The aim of the article. The purpose of the article is to determine the conceptual problems of the development of legal science in the prevailing of modern value-ideological realities.
Results. In our opinion, the main feature of the development of legal science in the context of the establishment of liberalism as a global ideology, which has unconditional supremacy over any other ideologies and their concepts, is that modern legal doctrine is increasingly detached from the deep philosophical, ideological, moral and religious ideas and principles aimed at ensuring the normal arrangement of relations in society. Thus, modern legal science gradually acquires the quality of a kind of «thing in itself», closed to the study of external forms of political and law phenomena regardless of their internal deep essence, complex nature, essential relationship and interdependence with other social phenomena that perform normative-and-organizing influence on society and citizens.
As a result, modern legal science is gradually moving away from its main purpose - the search for true knowledge about the relevant state and legal phenomena, determining their objective nature, social purpose and objectives, and so on. Instead, legal knowledge today is either purposefully differentiated (fragmented) in different directions, which can provide mostly purely theoretical novelty, or serves as a justification for endless social and government reforms, the constant implementation of which, as practice shows, does not lead to any significant positive social changes or achieving high quality of law and order in the state.
The liberal-democratic model of law, which is based on the idea that law itself is the most effective means of ensuring civilized relations between people, is usually actively substantiated by modern legal science. At the same time, such justification is usually carried out outside the context of the complex social nature of law, its objective relationship and interdependence with other equally important social regulators, its subjective perception by participants in public relations, in whose actions it is practically implemented. Of course, it should be agreed that the law is a mandatory and necessary attribute of the civilized life of any society, but its effectiveness depends, in particular, on the extent to which it and especially the mandatory, formally defined rules of law take into account relevant social laws.
Conclusions. One of the main features of the current stage of development of legal science is a kind of entropy of doctrinal legal knowledge, which is expressed in the accumulation of uncertainty in the development of objects that are studied. At the same time, such uncertainty is associated with the loss of the necessary and at the same time essential relationship of legal science with the social laws of normal organization of public life and the transformation of science into a purely private matter, in which each researcher has the right to substantiate any ideas and concepts without taking into account the social experience of past generations. Legal science is only when it explores the relevant phenomena and processes, taking into account social laws or patterns of social life, that is, taking into account certain dependencies and reproducibilities.
Legal science, like any other field of scientific knowledge, needs to record its best and most optimal results, which can be obtained only if in the process of doctrinal research the researcher takes into account objectively functioning social laws, including the law of social inheritance. These formally recorded results must be taken into account in the process of implementing public policy in the relevant field or sphere of life and reforming certain state and law institutions.
Key words: legal science, law, morality, freedom, liberalism, social laws, social inheritance.
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