Open AccessLegal thinking as a phenomenon of legal reality and its correlation with legal cognition
Author(s) -
I.V. Borshchevsʹkyy,
O.D. Hrynʹ
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.3
Subject(s) - empirical legal studies , cognition , legal realism , psychology , phenomenon , process (computing) , perception , feeling , legal profession , epistemology , social psychology , sociology , law , political science , computer science , philosophy , neuroscience , operating system
The article analyzes legal thinking, which is the core of the intellectual component of legal cognition and is a special kind of spiritual-practical and cognitive-evaluative intellectual operations aimed at setting certain tasks and solving problems in the legal sphere. Approaches to the definition of the categories «legal thinking» and «legal cognition» in the theory of law are considered, and their definitions and interconnection are presented, taking into account their features and characteristics. The point of view is substantiated that the essence of legal thinking can be viewed through the prism of the functions of this phenomenon of legal reality. A list of signs of legal thinking and their functions is provided. The opinion is argued that the process of cognition of the world of law and its individual aspects begins with sensations, perceptions and ideas, but this picture does not allow to deeply and comprehensively identify it. With the help of thinking, an individual discovers the relationship between objects, events and phenomena, finds out the causes and consequences of this interaction, and can also draw conclusions that will later provide a broader understanding of the essential features of individual legal phenomena. Thinking is viewed from the position of a superstructure over feelings and perceptions, which helps to discover new sides of phenomena and various objects of legal cognition.The opinion is given that legal knowledge in the process of legal activity acts as a creative process that bears the imprint of the personality of a lawyer. So, thinking by its nature is a creative process, it takes place when the law enforcement officer uses the opportunity to choose the rule of law to be applied in a particular case.At the general theoretical level, legal knowledge is defined as a scientific and non-scientific, intellectual creative process of obtaining and interpreting socially significant information mediated by law and cultural and historical factors, is carried out by an individual or collective subject, and is also focused on the possession of reliable information about law in all its forms and legal environment , in their interaction with the aim of resolving a legal problem and their further use in accordance with their social functions and personal interests.