On the problem of updating of the social and philosophical parameters in the studies of the law and dynamic legal processes
Authors: Trofimov V. V., Sviridov V. V.
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In the article, the problem of socio-philosophical bases (parameters) in the studies of the law and dynamic legal processes is discussed and described. The importance of socio-philosophical level of methodology for law understanding is stated. The idea of updating the required social and philosophical foundations of legal research is held. This thesis against the background of the famous comparison of innovations in the understanding of the essence of social development with the previously prevailing in the domestic science historical materialistic approach is justified. Taking into account some of the dignity of historical materialism, the inability to use it to reveal the deeper side of the social reality of law is asserted. According to the authors, the heuristic potential for an integrated and comprehensive study of the social patterns of legal phenomena is found in the socio-philosophical approach, where the focus is on the phenomenon of “interaction” as the basis of the maximum social foundation of rights. As a possible source of scientific understanding of the issues under consideration, the national (P. A. Sorokin, K. M. Takhtaryov, N. I. Karev, A. S. Zvonitskaya, M. M. Kovalevskiy and others) and foreign sociological theories of classical scholars (T. Parsons, N. Luhmann, U. Habermas, K.-O. Apel, P. Berger, T. Luckmann and others) are specified. The formation of the right, law-making, the implementation of the right, legal corresponding connections, and other dynamic processes of law is the result of the set of interactions between social actors, integrated into the legal sphere, and in these interactive links, social laws of the existence of the right should be researched.