MEASUREMENT-EVENTS AS A STRUCTURAL ELEMENT OF LEGAL LIFE

• Main Authors: І. І. Коваленко, Р. Р. Борисюк
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2017-11-01
• Series: Вісник НЮУ імені Ярослава Мудрого: Серія: Філософія, філософія права, політологія, соціологія
• Subjects: соціальне пізнання; феноменологія права інтегративне розуміння права
• Online Access: http://fil.nlu.edu.ua/article/view/109795
• ISSN: 2075-7190; 2663-5704

The article shows the heuristic possibilities of «legal life» concept in the ontological aspect. Sense measurements are considered as the basis of the measurement-effects, which together form the structure of legal life. It is shown that the main measurement-legal phe- nomenon of life is a legal entity. That it forms various ways of interpreting the legal life and advocates a legal condition for life. Phenomenological approach to determine the legal entity as a legal person, which has its own praovovoe consciousness and is able to take an active part in the legal life poserdstvom legal communication. Legal awareness is defined as a multifaceted phenomenon, the core of which is the will to into practice. Analyzed the relationship between the characteristics of an entity, such as «carrier be justice» and «figure to be legal». It is proved that a phenomenological ap- proach allows us to represent the legal norm as a form of meaningful communication between the legal entity and the legal givens of life. Discloses a polymorphism of legal norms through its substantial manifestations – logo, Nomos, ethos. It is shown that the concept of the rule of law reflects the diversity of the legal life and involves a set of values. Examined the legal judgment as the basis of existence of legal norms. Their role – a representation of the given legal life and to ensure communication between the subjects of law. Legal judgments can be formal, logical constructions, and also take the form of sudzheny legal entity. The first type judgment accordingly relates to performative (de- clarative). The second type – motivating judgment (their characteristics are existentiality and intersubjectivity). The possibilities of social experience as the measurement-phenomena of legal life. Firstly, in a repeat of the social experience of resistance expressed manifestations of legal life. In turn, the correlation with the specific pattern of conduct is a prerequisite for the identification of the subject of law. Secondly, in the context of the social experience of legal life is presented as a multi-level system of norms and values, based not only on ra- tional but also irrational basis. Third, the social experience is understood as a form of unfolding scheme of activities in space and time. It is concluded that the measurement-events are part of the content of the legal concept of life. They allow you to define the legal life as a set of legal phenomena, which are due to activity of the subject of law, related to the social experience and embodied in legal norms and values.