Categorization Of Legal Realities In Modern Russian Science

Abstract

Categorization is one of the ways of solving scientific problems – to reflect the object in question in such a way that, on the basis of the knowledge gained, it would be possible to build effective practices. The article is devoted to the consideration of the main categories used in modern Russian science to reflect the extremely broad legal realities. Attention is drawn to the reasons for searching for other broad categories in addition to the basic category "law". In particular, the traditions of legal anti-positivism, the attempt to overcome the narrow understanding of law, have become an important prerequisite. Another prerequisite has become modern social realities, which require not only updating legislation, but new approaches, new legal thinking. The article analyzes such concepts as law, legal culture, legal system, legal space, legal life of society. The genetic correlation of these concepts is shown; the limitations and potential of their use are revealed. One of the most interesting problems in this area is combination through the development of appropriate categories of legal and non-legal factors, since the existence of law unfolds not only in legal, but also in social area. Based on this statement, the author sees great potential in such categories as legal culture and legal life of society. The analysis shows, that one of the serious factors, preventing their potential’s disclosure is the excessive legalization of these categories. The author's definition of the concept of "legal life of society" is proposed.

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Publication Date

20 January 2022

eBook ISBN

978-1-80296-121-8

Publisher

European Publisher

Volume

122

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-

Edition Number

1st Edition

Pages

1-671

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Cite this article as:

Sivova, S. A. (2022). Categorization Of Legal Realities In Modern Russian Science. In S. Afanasyev, A. Blinov, & N. Kovaleva (Eds.), State and Law in the Context of Modern Challenges, vol 122. European Proceedings of Social and Behavioural Sciences (pp. 585-590). European Publisher. https://doi.org/10.15405/epsbs.2022.01.93