Open AccessTHE ORIGINS OF LEGAL ANOMALIES, THEIR HISTORICAL CAUSES
Author(s) -
Олена Вікторівна Ткаля
Publication year - 2021
Publication title -
pravova deržava
Language(s) - English
Resource type - Journals
ISSN - 2411-2054
DOI - 10.18524/2411-2054.2021.42.232435
Subject(s) - nihilism , legal realism , idealism , legal culture , legal formalism , political science , law , empirical legal studies , legal profession , politics , legal pluralism , epistemology , philosophy , black letter law , comparative law , private law
The article provides a general theoretical description of the origins of legal anomalies, as it allows to analyze in detail their forms, to identify the most common of them, to analyze the causes and ways to overcome them. It is confirmed that legal anomalies are a complex social phenomenon that is closely linked to the legal consciousness of a person and is determined by various negative processes in society. The historical preconditions for the emergence of legal anomalies in Ukraine are studied; special attention is paid to legal nihilism and idealism. The first type of anomaly that dates back to the times of Kievan Rus is legal nihilism. With the development of the state, the factors and the forms of manifestation that contribute to it change, but legal nihilism itself does not disappear. In Soviet times, there are manifestations of legal idealism, which is due to historical reasons. It is noted that the main objective factor in the occurrence of legal anomalies is the historical inheritance of disrespect for the law by lots of subjects since the Soviet era. The author emphasizes that the occurrence of legal anomalies is influenced by political, legal, organizational and managerial, moral and psychological and other factors. The main causes of legal anomalies are the low level of legal culture, instability of legal acts, ineffectiveness and illiteracy of legal acts, disorder of legislation, its inconsistency and instability.