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BASIC CATEGORIES OF PHILOSOPHY OF LAW: LAW AND CULTURE



Yu.I. Romanov
V.N. Barabanschikov
thing-in-itself@mail.ru
vadbaraban@rambler.ru
professor of the Department of Humanities and Social Dicsiplines of State Institute of Economics, Finance, Law and Technology, Doctor of Philosophy, professor
Dean of Law Faculty of State Institute of Economics, Finance, Law and Technology, Master of Law
Gatchina
Gatchina

Keywords:

  • philosophy of law
  • legal framework
  • correlation of law and culture
  • culture
  • ethics
  • structure of ethical event
  • idea of equality
  • The significance of legal and philosophical research becomes apparent due to the fact that there is more to the sphere of law than the norms stated in laws and regulations. Legal norms valid here and now are embodied in laws. Bul laws aren’t eternal and invariable like laws of nature, for example. Law being created by human will and mind is to be assessed. So, to determine its effectiveness we have to set general criteria, principles and methods, i.e. leading principles that can be given only by philosophy.
    The principles in question are represented by the understanding of freedom, right, justice, the understanding of nature, human activity, good and evil, truth, beauty and so on. All these notions are not just abstract ideas. They program the man, his actions and deeds, determine the assessment of certain events in social life and can be observed in any sphere of human activity, whether economy, science or art. Our research is aimed at considering the concepts of law and culture based on methodological and categorial apparatus of both philosophy and jurisprudence.
    To achieve the aim we carry out a philosophical and legal analysis of such phenomena as culture, law, ethics. The issues concerning their origins and mutual influence are studied. We prove the conclusion that law being born in the depths of culture acts as rational means to harmonize social relations. It originally works out a specific logic that enables the participants of the process to form an idea about justice (ideally) of decisions made.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5