THE AXIOLOGICAL NATURE OF LEGAL ORDER IN THE CONTEXT OF CORRELATION OF LEGALITY AND LEGITIMACY
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
The legal order is a complex and unique legal phenomenon. Its great significance for a society and an individual cannot be overestimated. While characterizing the axiological problems of modern paradigm of legal order, it is necessary to point out that the value of this phenomenon is closely connected with diverse needs and interests, ethical guidelines, feelings of subject of law. Every one of them is interested in the legal order. We may assume that axiological values of legal order can be united exclusively from the point of view of its legitimacy. It is truly so and it is difficult to argue the demand of legitimacy as the basis of effective legal order. However, is legitimacy always a necessary component of legal order, can the legal order be valuable not being legitimate, is legality sufficient for value of legal order? In order to answer this scientific question, it is necessary to trace how the legal order can be legal but illegitimate. The legal history knows a lot of examples of such legal orders. These are Stalin legal order of 30th, Nazi legal order. These are the legal orders of authoritarian and totalitarian regimes. They are characterized by complying with the letter of the law, exercising of powers while observing the credentials and procedures. In the framework of the given research, while analyzing M. Weber’s concept of legitimacy, we can make a conclusion that the legality of legal order as its correspondence to the norms of positive law is the obligatory parameter of both legitimate and illegitimate legal orders. It was proved that for the value of legal order it is not necessary to be legitimate, but it is necessary to be legal, as legality of the legal order means the form of its legitimacy.
Authors and Affiliations
Н. Б. Арабаджи
Keywords
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