CC BY
7PHILOSOPHICAL SCIENCES
PHILOSOPHICAL AND LEGAL COORDINATES OF THE PRESENT
Tassymova A.
PhD student Karaganda State University
Abstract
The main task of the philosophy of law is the development of a semantic model of the legal world, which determines the place in it of a person as a subject of law, the identification of universals of legal being. The article discusses the features of the influence of philosophical and legal ideas and categories on the formation of the legal thinking of modern civilization, the genesis of conceptual approaches that reveal the essence of law and interpretation of legal reality. The author substantiates the conclusion that the philosophy of law develops in the form of universal knowledge, which is necessary for philosophers and lawyers to systematically and deeply comprehend the essence of legal ties and relations, the interaction of the state and subjects of law.
Keywords: philosophy of law, legal being identification, formation of the legal thinking, interpretation of legal reality, modern civilization.
In modern conditions of a rapidly changing global world, philosophy of law as part of philosophical knowledge includes methods of rational awareness of legal reality, the ability to evaluate and interpret legal policy, since law as a social phenomenon is always immersed in the political context of the era. Among domestic scholars, the question of the essence of the philosophy of law is the subject of many years of discussion. So yes. Kerimov believed that the philosophy of law, included in the structure of the general theory of law, "represents a complex symbiosis of philosophy, sociology, general theory of law, sectoral legal and some other sciences." From the point of view of the dialectical method, he perceived the subject of philosophy of law as the development of logic, dialectics and the theory of knowledge of legal reality. V.S. defended a different position Nersesyants, believing that the subject of study in the philosophy of law is "law in its distinction and correlation with the law." S.S. Alekseev analyzes the philosophy of law from the perspective of its general characteristics as "the science of law in the life of people, in human life." It should be noted that the philosophical and legal categories and concepts used in legal science are a means of updating legal thinking and the search for rational solutions to the global problems of civilization. If in the past philosophical and legal teachings were of a pronounced theoretical nature and were focused on understanding the internal content of legal phenomena, the meaning of law and its social purpose, then in the modern period the well-known philosophical and legal categories are "freedom", "justice", "equality", "Law", "law", "will", "guilt", "intention", "responsibility", "obligation" acquire, among other things, applied value; they serve as a criterion for assessing the legal system, the level of its humanization and progressive development. Legal science needs philosophical and legal knowledge in the face of changing vectors of socio-economic and political development of Russian society and the state. Obviously, the philosophy of law is able to provide a broad ideological basis for the development of the Kazakh-stani legal system, since the legislator "cannot take the guiding principles from the most positive law, because
this is exactly what needs to be evaluated and changed; for this we need other, higher considerations ... and only philosophy can give them. " The philosophy of law helps to strengthen the relationship between the objective essence of law as a universal and equal measure of freedom and justice, and the regulatory framework of law formed by the legislator and practicing lawyers. In addition, due to the humanistic potential, studies in the field of legal philosophy can resist the appearance of unfair laws, arbitrariness, permissiveness, and the restriction of individual freedoms and rights. In this regard, it seems appropriate to refer to the origins of the formation of a philosophy of law from the perspective of a legal researcher in the first quarter of the 21st century. It should be noted that in the philosophy of law, cognition is aimed at discerning the essence of law behind diverse legal phenomena. Thus, the history of thought is always preceded by the history of institutions, although the latter cannot be adequately understood outside the cultural context, the "ontological framework" and the picture of the world. Moreover, for critical thought, conditions of varying degrees of favor-ableness may develop. Analysis of ancient sources of law and philosophical treatises allows us to judge that in the question of the relationship between the basic philosophical and legal categories, it is morality in the religious and philosophical sense that determines justice and the rule of law. In ancient China by the middle of the 4th century BC. the philosophical and legal ideas of the legists are being formed, and the teachings of their founder, Shan Yang, are of exceptional importance. According to this teaching, two forces determine the life of society: the state and its ruler with its desire for absolute power, and the other - the people. Both forces are fundamentally hostile to each other: "When a people is weak, the state is strong; when the state is strong, the people are weak. Therefore, the state, following the true path, seeks to weaken the people. If knowledge is encouraged, it is impossible to rule the country. If smart people are valued and scientists are involved in the civil service, it will be impossible for the people to be drawn into the war. " The philosophical and legal views of Shang Yan temporarily supplanted
Confucianism and Taoism, for several centuries served as a support for the warlike policy of the state and repression, but in an amazing way these ideas can be seen in modern state policy. The intellectual notions of law noticeably change with the heyday of ancient Greek philosophy and the formation of the ancient polis device. Reforms in the management system, the emergence of a classically limited, but, nevertheless, based on the civic participation of the political system, contribute to a change in the religious and moral basis of law. In ancient Greece, for the first time, a new quality of social reality, unknown to ancient Eastern civilization, arises, thanks to which, along with the tacit recognition of the universal lawfulness and reasonableness of the world, people began to have first doubts about the universal justice of existing social relations. Researchers characterize this new quality differently. Some, like, for example, V.M. Rozin, they believe that in ancient culture the process of human self-determination is being finalized, determined not only by significant changes in society (the emergence of a new type of power relations, the prototype of which are relations in ancient Greek policies), but also by the need to form an individual's individual behavior. Others associate the development of a philosophy of law with free Greek thought concentrated in Athens, the political, commercial, and intellectual center of Greece. As a philosophical expression of the principle of freedom, Pericles' speech sounds quite modern, since civic position and public activity were the measure of public recognition. In the same period, the sources of the subsequent centuries-old contradiction, unresolved to this day, between supporters of the "rule of law" and the "rule of law" as the basis of the rule of law are found. In ancient philosophy, the ancient Greek thinker Socrates first raised the question that the idea of the good that man seeks to achieve is determined not by religion, but by the free discretion of man himself. In Socrates, the concept of justice coincides with the concept of legality, and the laws themselves - not only divine, unwritten, but also human - have in mind the same universal justice. Recognizing the primacy of the common good over individual goals, Socrates justifies this priority with a philosophical content argument that knowledge is more valuable than opinion because of its universality. Happiness for a person is to live in accordance with knowledge, the thinker proves. Certain worldview shifts occurred in the era of the spread of the Christian religion. It is important to keep in mind that Christianity did not initially lay claim to any particular philosophical content, its basic commandments were deliberately simple and laid out in a language that everyone understood. Only as the adherents of the new religion comprehended their own religious identity, contrasting themselves with classical Judaism, paganism and the numerous heresies that arose within the Church, it became clear how deep ontological meaning Christianity has, how it dramatically changes the established ideas about a person, society, state . Religion is experiencing a new round of growth and is becoming the determining factor in politics, economics, and legal life. Religion, therefore, is increasingly intertwined with politics and law. An important result was the formation of canon
law and, in its model, secular law. Researchers connect the genesis of legal thinking on the basis of philosophical and legal ideas with the development of the university teaching system, in which a considerable place was given to legal disciplines. Moreover, the first schools were formed exclusively as legal. G. J. Berman writes: "For the first time in Western Europe, law was taught as a clearly defined and systematized body of knowledge, a science in which individual legal decisions, norms and legislative acts were studied objectively and explained in terms of general principles and truths that are basic to all of this. systems as a whole. " Religious asceticism was replaced by the idea of freedom, the idea of likening a person to the divine Creator through active creative activity. In essence, such moral imperatives reflect the so-called "golden rule" developed by mankind in the early stages of its development. The "Golden Rule" is, in fact, the regulatory framework for the collective existence of people, which, while respecting common interests, allows perceiving a person as a value. The Age of Enlightenment generally formed a special type of intellectual environment when thinkers living in different social and political conditions generally adhered to a single ideological position, which included the recognition of a social contract as a way to create a just state, and natural law that determines a person's place in the state. Did philosophical and legal thought influence the formation of legal thinking in Kazakhstan? The answer to this question is complicated by the fact that the periodization of the development of legal philosophy in the domestic tradition, as a rule, does not take into account the Soviet period. It is believed that Soviet scholars were forced to reduce the philosophical problems of law to the need to develop "philosophical and cognitive problems of law based on dialectical materialism" and to apply "categories of dialectics to the analysis of legal phenomena", on which the fruitful development of "Marxist-Leninist jurisprudence" depended. It is difficult to agree with this position, because even in line with criticism of bourgeois teachings and foreign doctrines, Soviet philosophers and lawyers formulated their own concepts. For example, a joint contribution to the development of the philosophy of law in the Soviet period was the joint work of OS Joffe and M.D. Shargorodsky "Questions of the theory of law", regularly cited to this day in the scientific literature. In the late 80s. XX century there is a return to the study of the subject of philosophy of law as a combination of legal ideas, principles, values, which are an integral part of legal consciousness and legal ideology. The subject of philosophy of law at this time began to include such a category as justice, and the law was considered to have the quality and embodiment of legal justice. The modern philosophy of law in Kazakhstan is an established and dynamically developing branch of knowledge. Its peculiarity lies in the fact that it develops, relying not only on pre-revolutionary philosophical and legal thought, but also on the general theory of law that developed in the Soviet period. However, most of the works on the philosophy of law written by modern lawyers are still far from philosophical problems. They are executed mainly in the legal-dogmatic spirit and look not so much a philosophy of law,
but a kind of general theory of law. It seems to be an important task to revive the tradition of legal philosophy and use its methodological towards such an interdisciplinary dialogue.
References
1. Kerimov D.A. Philosophical problems of law. M, Thought, 1972, - 472 p.
2. Nersesyants V.S. (Ed.) Problems of the general theory of law and the state. M.: Norma, 2004. - 813 p.
3. Alekseev S.S. The general theory of law. - M., 1982.- T. 2.- p. 71.
4. Checherin B.N. The philosophy of law. - M., 1900, 1-2
5. Rozin V.M. Cultural man. Introduction to anthropology. Tutorial. MPSI RAO. M., 2003.
6. Losev A.F. Ancient philosophy of history. 1st ed.: M.: Nauka, 1977.34-37p
7. Shershenevich G.F. "Definition of the concept of law", Kazan, 1896;
8. Berman G.D., Reid C.D. Roman law and common law of Europe / G.D. Berman, C.D. Reid. // State and law. - 1994. - No. 12. - p. 103—108
ПРАВОВОЕ СОЗНАНИЕ - ОСНОВА ПРАВОВОЙ КУЛЬТУРЫ
Тасымова А.К.
Докторант
Карагандинский Государственный Университет им. академика Е.А. Букетова
LEGAL CONSCIOUSNESS IS THE BASIS OF LEGAL CULTURE
Tassymova A.
PhD student Karaganda State University
Аннотация
В статье представлено исследование вопросов методологического обоснования происходящих процессов формирования правовой культуры личности в современных условиях развития общества. Фило-софско-правовой анализ и обобщение проблем развития общества (правовой культуры личности) рассматривается автором как методологическая основа исследования. Подчеркивается важность философского осмысления правовых процессов, рефлексии правового знания о формировании правовой культуры общества в условиях развивающихся глобализационных процессов.
Abstract
The article presents a study of the methodological substantiation of the ongoing processes of formation of the legal culture of the individual in modern conditions of development of society. The philosophical and legal analysis and generalization of the problems of the development of society (the legal culture of the individual) is considered by the author as the methodological basis of the study. The importance of philosophical understanding of legal processes, the reflection of legal knowledge on the formation of the legal culture of society in the context of developing globalization processes is emphasized.
Ключевые слова: формирование правовой культуры, правовая культура личности, правовые процессы.
Keywords: formation of legal culture, legal culture of an individual, legal processes.
Consciousness is the highest form of mental reflection of reality by a socially developed person. Consciousness is such a function of the human brain, the essence of which is: 1) an adequate, generalized, focused and active reflection of the world; 2) in linking newly received impressions with previous experience; 3) in the allocation by a person of himself from the environment; 4) in contrasting himself with the world as a subject to an object; 5) in an emotional assessment of reality; 6) in the preliminary mental construction of reasonably motivated actions; 7) in the ability of a person to be aware of what is happening in the world and in his own soul. According to the famous philosopher and psychologist A.G. Spirkina: "Consciousness is the highest brain function peculiar to humans and associated with speech, consisting in a generalized, evaluative and purposeful reflection and constructive-creative transformation of reality, in the preliminary mental construction of 15 actions and in anticipation of their
results, in the rational regulation and self-control of behavior person "1. Philosophy with certainty can argue that consciousness: 1) really exists; 2) it has a special, ideal nature; 3) that ideal consciousness is derived from matter (the human brain); 4) consciousness is intentional, i.e. aimed at the subject; 5) consciousness is ideational, i.e. able to create ideas. The prerequisites for the formation of consciousness were: 1) the evolution of the property of reflection inherent in matter (brain); 2) the development of the rudimentary intelligence of animals; 3) the transition of a special branch of homi-nids from weapon activity to the subject-practical development of the world; 4) the creation of tools by man himself; 5) the development of the need for verbal communication and the transfer of experience to young people; 6) the formation of culture as a special world of man.
Modern philosophers define: ordinary, scientific, philosophical, legal, religious, political, aesthetic
