Open AccessMythologisation of Law by Historical Consciousness
Author(s) -
Valery MALAKHOV,
Galina M. Lanovaya,
Yulia Yu. Kulakova
Publication year - 2021
Language(s) - English
Resource type - Journals
ISSN - 2738-2753
DOI - 10.24234/wisdom.v1i1.667
Subject(s) - phenomenon , law , consciousness , interpretation (philosophy) , legal history , philosophy of law , subject (documents) , epistemology , comparative law , basic law , sociology , political science , philosophy , computer science , linguistics , library science , constitution
The main objective of this article is to substantiate the fact that historical consciousness as a form of social consciousness is full of the mythologisation of law.The main hypothesis is that only such forms of law as customary law and international law may be considered historical phenomena. Standalone in law, mainly subjective law is not actually a historical phenomenon; therefore, any historical interpretation of it leads to mythologisation.The subject of this study is the mythologisation of law, found in the content of several legal concepts and being present in correlations with basic historical concepts.The complexity of the problem posed is that the very phenomenon of history outside historical consciousness, especially in our time, is constantly subjected to serious mythologisation.The result of the study is the statement that historical legal understanding is not connected with the understanding of the nature of law and does not reveal its essence. The methodological consequence of this for legal theory is the need for concentration on the understanding of the development of law not as a historical, but only as a social process, and for the law itself – as something that exists and makes sense only in the present.