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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences
Kozhevnikov, Vladimir Valentinovich
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Religion Arts Humanities Economics, Econometrics & Finance Social Sciences

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On Some Topical Problems of the General Theory of Legal Consciousness Kozhevnikov, Vladimir Valentinovich
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 3, No 4 (2020): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v3i4.1354

Abstract

This scientific article examines problematic issues about the subject of reflection of legal consciousness and its structure. The purpose of this study was those problems of legal consciousness that relate to the subject of its reflection and structure. The implementation of this goal involves the solution of the following tasks: 1) analysis of the subject of reflection of legal consciousness; 2) analysis of the structure of legal consciousness. As a result of the study, the author came to the following conclusions: 1) legal consciousness as a set of ideas and feelings expresses its attitude not only to the current and desirable law, but also to the law of the past; 2) taking into account the close connection between the state and law, their interaction in various forms, the subject of reflection of legal consciousness should be defined through the category "state-legal reality (reality, life)"; 3) focusing on the traditional and generally accepted separation in legal consciousness of two elements of legal psychology and legal ideology, it is noted that these elements are interconnected, they coexist, although their ratio can be very different, and the question of the dominance of one of these elements should be solved dialectically, leading arguments for both the first and the second.
The Hermeneutic Method in Modern Domestic Jurisprudence Kozhevnikov, Vladimir Valentinovich
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 2, No 4 (2019): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v2i4.605

Abstract

This scientific article deals with the problem of the use of the hermeneutic method of obtaining knowledge of legal phenomena. The purpose of the article is to show the potential of the hermeneutic method in the field of law.  In the furtherance of this goal, the following objectives were set: 1) to justify the significance of the methodological basis of jurisprudence; 2) to consider the concept of hermeneutics in the historical aspect (views of Aristotle, Wilhelm Diltey, Friedrich Schleiermacher, Friedrich Nietzsche, Hans-Georg Gadamer, Max Weber and others); 3) to analyze the views of domestic scientists who justifying the necessity of using of the hermeneutic method by the study of legal phenomena (Djangir Abbasovich Kerimov, Mikhail Mikhailovich Rassolov, Petr Moiseyevich Rabinovich, Vitaly Andreevich Suslov, Ilya Lvovich Chestnov); 4) to show weak points of the hermeneutic method in jurisprudence, arguments of opponents of this approach (Vladimir Mikhailovich Syryh, Igor Yurevich Kozlikhin, Vyacheslav Nikolayevich Zhukov and others). The result of the conducted research were the following provisions: 1) without denying some fruitfulness of the metaphysics which is the basis of the analyzed method, we notice that the hermeneutics method is not applied practically in the law because there is no the corresponding technique and it is replaced with a historical method of interpretation of legal norms. In conclusion, it should be stressed that even those scientists who placed certain research hopes on the legal hermeneutics have now begun to doubt its potential, believing that this approach of the study of the law as an independent one has not yet taken place.
Communicative Type of Right Understanding: A Critical Analysis Kozhevnikov, Vladimir Valentinovich
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 4 (2022): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i4.7224

Abstract

This article discusses the main provisions of the communicative theory of law by A.V. Polyakov, which defines legal communication as a legal interaction of subjects that arises on the basis of the social interpretation of legal texts that provide them with correlative powers and legal obligations that are implemented in legal behavior. The paper presents a number of critical remarks regarding this theory of law.  
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