CONCEPTION OF LAW (UNDERSTANDING OF LAW): GNOSIOLOGICAL LAPSUS LINGUAE

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CONCEPTION OF LAW (UNDERSTANDING OF LAW): GNOSIOLOGICAL LAPSUS LINGUAE

Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue

Abstract

The article is devoted to elucidation of possibility of cognition of law. The author enlightens the existing approaches to cognition of the notion «understanding of law». Usually, understanding of law is regarded as a scientific category revealing the process and the outcome of the purposeful activity of a human being towards understanding of law, its perception (evaluation), attitudes towards it as an indivisible social phenomenon. Although the term «understanding of law» is not generally accepted, some scholars believe that there should be separation of conception of law and understanding of law, because the first notion «reflects perception of law at professional legal level, that is, conception of law reflects comprehension of law and its formalization in mind happening in legal awareness of a lawyer», and the latter is the reflection of «attitude of every person towards that that is law». It is noted that the European general and legal science does not operate with the notion «cognition of law», although the conception of law is studied within it; attention is paid to the phenomenon itself and not to the «mechanical scheme»: subject of cognition – object of cognition – means of cognition – outcome of cognition. Thereafter «scientific category», «purposeful activity» and «outcome of cognition» are not in question. Similar approach concerning definition of legal notions, namely the rule of law, is used by the European Court of Human Rights. The Court gives (describes) qualities (features) of some phenomenon and does not try to suggest a «stiff form» of the definition. Moreover, the European Court of Human Rights quite often calls to the necessity of dynamic and evolutional interpretation, because law is «living», dynamic and social and cultural phenomenon. For the European legal science it is important the understanding of the phenomenon which is named «law», but not focusing on the scheme: subject of cognition – object of cognition – means of cognition – content of cognition; the application of law is important, but not scholastic theorization. Attention is focused on the fact that law is an element of culture, reflects values and system of a particular society and it is not possible to cognize it due to only scientific means.

Authors and Affiliations

А. М. Кучук

Keywords

EP ID EP470275
DOI -
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