Legal thinking and delegitimization of law

VLadislav V. Denisenko
2020 Russian Journal of Legal Studies  
In this article the analysis of the category legal thinking as a legal science term is carried out. Legal thinking is characterized as a phenomenon caused by socio-historical context. The author of this article points to paradigm dependency of legal thinking. Law paradigm causes the specific of the doctrinal legal thinking in national law system. The author states the presence of several paradigms in the legal thinking of domestic scientists. The analysis of modern law concepts gives the
more » ... ts gives the reasons to refer mentioned works to the paradigms of beingness, consciousness and the linguistic paradigm. Axel Honneth's concept of mutual recognition based on linguistic paradigm can be considered as a methodological basis of doctrinal reflection and cognition of modern law. The practical importance of legal thinking concept can be shown using the legitimization and delegitimization of legal rules topic. In the article the main approaches to the problem of delegitimization of legal rules are investigated. The author justifies the approach to delegitimization in the legal thinking context. The explicit and implicit legitimization should be identified in the legal science. The level of legitimation decreases in case of absence of recognition of citizens as the legal communication subjects. The legal thinking of the professional legal community becomes more closed as the legal system develops. It can lead to delegitimization of law. Legal system loses the legitimacy quality because of using of exceptions in law which become the basic rules in legal system in some cases. Delegitimization of law arises when the number of normative-legal material increases and the demand for law decreases at the same time. The necessary condition of prevention of delegitimization of law in the conditions of growth of number of legal acts is the principle of deliberation in private and public law.
doi:10.17816/rjls18948 fatcat:ja2uenn6p5ecvbhjmwqilskt4a