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УДК 001.015
Azimov A.M. Andijan state medical Institute Teacher of the department of social and humanitarian sciences
Uzbekistan, the city of Andijan THE MAIN ISSUES OF THE PHILOSOPHY OF LAW
Аннотация: В этой статье рассматриваются основные вопросы философии права
Ключевые слова: закон, права. философия, метод
Abstract: This article deals with the main issues of the philosophy of law
Key words: Law, method, philosophy, rights
Philosophy explores the reality that is not the prerogative of the natural social and human sciences. This is the area of ultimate grounds for the existence of the world, which carries the ability to identify the most general laws of the development of the world and take into account their action in the process of human activity.
Philosophy takes the trouble of building a picture of the world and the formation of a corresponding paradigm (cosmocentrism, theocentrism, anthropocentrism, pan-rationalism, irrationalism). At the same time, philosophy can tolerate certain errors, which are caused, as a rule, by the historicity of a particular epoch.
But it is akin to that wisdom, which consists not in knowing everything, but in understanding the main thing, without understanding what mankind is unable to conduct meaningful existence, is doomed to the arbitrariness of chance and passion.
Philosophy of law as an interdisciplinary field of knowledge unites the efforts ofjurisprudence and philosophy. It has its own history, the origins of which are formed in the VI century BC. For 2,5 thousand years in its destiny all the upheavals and cataclysms that fell to the share of world civilization were reflected. She experienced her ups and her extinctions. The situation in the conditions of totalitarian regimes developed dramatically for the philosophy of law. They do not need either philosophy, law, or the philosophy of law in its true destiny.
Today, the Philosophy of Law is experiencing a renaissance.
• First, the current situation in the world testifies to the increasing responsibility of people for both collective and individual actions. Hence the increased interest in border issues of law and morality.
• Secondly, humanity is in a postmodern environment, when the problem of changing the system of value coordinates has been actualized; a revision of the idea of human freedom. Man's being becomes increasingly responsible, his freedom is projected through the prism of law. Law becomes the core of practical philosophy.
• Thirdly, the right needs philosophical reflection, which involves the consideration of questions:
- the essence of free will, its limits and its consequences;
- the ratio of good and evil;
- the need for "another" to manifest will;
- the conditions of human dormitory.
Philosophical interest in law manifests itself when it has already taken place, if not in the form of legislation, at least in the form of custom. The existing law requires its legitimation or, in other words, theoretical and practical justification.
Theoretical legitimation should justify that a particular right is not accidental, but necessary. In the conditions of antiquity and the Middle Ages, only two institutions could do this legitimation: religion and philosophy.3
If religion consecrates customs and traditions as a prerequisite for the formation of law, then philosophy tries to answer the question: "Does the essence of man require a right? Is it possible for man to exist and develop without forcibly rationing his freedom?
And in this sense, the philosophy of law is not only an instrument for the identification of law, but also a means of identifying a person, for the right declares itself as a factor in the formation and manifestation of a person's essence -his freedom.4
Thus, the Philosophy of Law legitimizes the right, answering the question, -why is it?
With the advent of the science of law ("theory of law"), the philosophy of law is entrusted with an additional task of a critical and methodological nature. This is determined by the subject of the philosophy of law. The fact that it explores the ultimate basis of the legal field, and therefore, provides the possibility of a ratio of the total and the individual in the search for isolation special, specific.
Ignoring the philosophy of law under the conditions of a totalitarian regime led to the fact that empiricism - the path of trial and error, the basis for positivism - was settled in law.
Positivism rejected the problem of the ontological foundations of law, replacing them with conventionalism. For positivism, there is no problem of the justice of law, because it adheres to the provision that "the legislator is always right", and the subject of law is not the individual, but the institution of power.
3 Уринбоев Х. Б., Мамажонова Г. К. САМОЦЕННОСТЬ И СМЫСЛ ЧЕЛОВЕЧЕСКОЙ ЖИЗНИ //Теория и практика современной науки. - 2017. - №. 3. - С. 741-743.
4 Mamajonova G. K., Inomxo'jayeva S. M. ABU REIKHAN BERUNIY-PROMINENT FIGURES OF UZBEKISTAN //Экономика и социум. - 2017. - №. 4. - С. 24-26.
Positivism eliminates the need for a value approach, because the axiological interpretation of law is already a field of metaphysics.
The dominance of positivism leads to the fact that the content of law is replaced by form, essence - by phenomenon; the regularity of its implementation is conventional. And on the path of this inversion can only become the Philosophy of Law. And finally, the appeal to the Philosophy of Law is doubly relevant when in the society of the transition period (and this is our reality) one legal field collapses and another forms. Thus, the goal of the Philosophy of Law is to discover the ontological foundations of law, to show its true nature and to determine its meaning in the life of a person who lives by habit and under the sign of fear or by conviction and under the guise of conscience.5
Used sources:
1. Mamajonova G. K., Inomxo'jayeva S. M. ABU REIKHAN BERUNIY-PROMINENT FIGURES OF UZBEKISTAN //Экономика и социум. - 2017. -№. 4. - С. 24-26.
2. Уринбоев Х. Б., Мамажонова Г. К. САМОЦЕННОСТЬ И СМЫСЛ ЧЕЛОВЕЧЕСКОЙ ЖИЗНИ //Теория и практика современной науки. - 2017. - №. 3. - С. 741-743.
3. Хакимов А. А., Хакимов Д. А. ЭСТЕТИЧЕСКОЕ И ХУДОЖЕСТВЕННОЕ ВОСПИТАНИЕ: ЦЕЛЬ, ЗАДАЧИ, ЭФФЕКТИВНОСТЬ //Теория и практика современной науки. - 2017. - №. 4. - С. 836-839.
5 Хакимов А. А., Хакимов Д. А. ЭСТЕТИЧЕСКОЕ И ХУДОЖЕСТВЕННОЕ ВОСПИТАНИЕ: ЦЕЛЬ, ЗАДАЧИ, ЭФФЕКТИВНОСТЬ //Теория и практика современной науки. - 2017. - №. 4. - С. 836-839.
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"Теория и практика современной науки" №1(31) 2018
