Doctor of history sciences, professor of the chair of theory of state and law and public-law discipline
доктор исторических наук, профессор кафедры теории государства и права и публично-правовых дисциплин
Candidate of the law, associate professor of chair of the theory and history of the right and the state
кандидат юридических наук, доцент, доцент, кафедра теории и истории права и государства
The purpose of this article is an axiological research of the role of the law myth in the construction and functioning of the law reality of Russia. The methodological basis of the research is a postclassical paradigm, which focused on an interdisciplinary philosophical and law research of law phenomena in a broad historical and sociocultural context, and the corresponding socio-constructivist approach, which involving the research of law reality as a result of human subjective and intersubjective creative activity. One of the areas of human activity is the law myth, which plays a large role in the creation and functioning of law reality. Results: Axiological research of law myths allows to identify their theoretical and practical potential in the law life of a person and law reality. Each epoch has its own authoritarian and stable law myths, which are designed to create a certain image of law reality, which correlates with the value expectations of subjects of law consciousness and law culture. The law myth always has its core law value. The law myth appears as an internally-ordered imperative statement, which is aimed at the formation of a certain element of the image of law reality. Through law mythology, there is a legitimization of the processes taking place in society, primarily in the most normative spheres of society — in politics and law. There is an attribution one or another meaning to social phenomena. Thus, law myths penetrate to legislation, acquiring the role of an ideological source of law. Identification of the myth by the law conscience turns it into a definite matrix, which serves as a standard for assessing the relevant law behavior. The law myth has a dichotomous nature. On the one hand, it is intended to interpret law reality. On the other hand, myths construct reality not only mentally, but also verbally.
Целью данной статьи является аксиологическое исследование роли правового мифа в конструировании и функционировании правовой реальности России.