22 (1)
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2022
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Ponomaryov, Aleksey

Abstract: The article discusses the development of modern legal axiology, which actualizes an appeal to philosophical and axiological concepts in their historical dynamics. The solution of the axiological issues in the field of law requires the introduction of the differences of law as value and law as its normative expression. The consideration of the normative nature of law involves the analysis of value and normative aspects of social systems, understanding the relationship of values and activities of the social subject, its objectification in the value-normative system, and the study of values as a form of consciousness. Projection of the modern axiological experience on issues of legal axiology allows drawing the following conclusions related to the law: law as a social system serves as the institutional value, fixing sample actions. At the same time, law as an element of subject’s orientation in the social world, of one’s action motivation, and of forming the image of one’s “I” is the social value. In the structure of law, the objectified aspect, which gives a semiotic character to the law, is selected, as well as the subjected aspect perceived by the social activity agent as a necessity and the scale of subjective evaluation, by means of which law is expressed in the value relation of the subject. In relation to the society as a subject, the law must be regarded as a self-representation of this society. Here the objectified aspect of the law is implemented as a set of legal norms. Subjected aspect of the law appears as a set of legal practices on different levels and their reflection in the form of trivial and theoretical consciousness. The main functions of law should be referred to forming the subjectivity of the subject of social activities and acting as a way
of reflection of society.
Keywords: axiology; law axiology; value; evaluation; rule; law; representation; social communication; system of values; individual consciousness; social consciousness.

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