On legal reflection: legalistic type of legal consciousness

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The article devoted to concepts and methods of legal reflection in the positive type of law consciousness, based on the analysis of the historical development of positivism beginning with the earliest stages of its origin, describes regularities of transformation typical for legalism of forms of the legal reflection of reality. The authors examine the issues of legal reflection in the legal activity of glossators and post-glossators on formation of the modern based on abstract norms legal system. The authors consider the problems of formation of positivism in scientific works of T. Hobbes, J. Austin, H. Kelsen, R. Jhering regarding the theory of legal reflection as ability of the law at a certain level of abstraction to reproduce a system of the most important social relations. In the course of the research study the authors have come to the conclusion that legal reflection in the positive type of law consciousness was based on a pragmatic, instrumentalist approach to the law as a way of solving extralegal problems.

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Legal positivism, law consciousness, legal reflection, philosophy of law, jurisprudence of concepts, jurisprudence of interests, analytical jurisprudence

Короткий адрес: https://sciup.org/147150254

IDR: 147150254   |   DOI: 10.14529/law160201

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