The specifics of defining the subject of the study the socio-legal phenomenon of “legality”

Бесплатный доступ

Introduction: the article considers the peculiarities of defining the boundaries of the problem area in the study of the socio-legal phenomenon of "legality". The author presents and substantiates the peculiarities that should be taken into account in the process of scientific work in relation to the specified legal category. Review of a significant number of research approaches to the definition of the concept of "legality" allows us to conclude that there is no unambiguous understanding of the content of this phenomenon of legal reality in the legal science and, as a consequence, high semantic variability of the relevant legal term. In addition, in the course of the study it was possible to establish that the study of such a socio-legal phenomenon as legality is impossible only by means of legal science and requires the application of the philosophical-legal toolkit. Prospects for further study of the socio-legal phenomenon "legality" the author associates with the consideration of its individual aspects in the context of the functioning of the system of control over the observance of legality, the ordering of social interaction, scientific comprehension of the state of legality. Materials and Methods: establishing the peculiarities of defining the subject of research in the study of the socio-legal phenomenon "legality" was carried out on the materials of doctrinal sources, represented by both monographs and articles in periodicals devoted to the problems of legal science. The research methodology is based on a comprehensive approach to the sources, as well as the dialectical principle of comprehensiveness in combination with the phenomenological and transcendental approaches. The Results of the Study: a generalization of various definitions of the concept of legality is carried out, as a result of which recommendations are proposed for optimizing and improving the effectiveness of the formulation of the subject of research in the study of the scientology phenomenon «legality» in order to find new ways to solve the scientific problem of developing doctrinal and legal definitions of this concept. The prospects for further research of the content of the legal category under consideration are determined. Findings and Conclusions: the conducted research made it possible to formulate recommendations, the consideration of which will contribute to improving the effectiveness and objectivity of scientific research of the conceptual apparatus of law. The direction of cognitive work in relation to various aspects of the legal concept of «legality» is proposed.

Еще

Legality, subject of research, legal concept, category, socio-legal phenomenon, law

Короткий адрес: https://sciup.org/143179949

IDR: 143179949   |   DOI: 10.55001/2312-3184.2023.42.70.001

Статья научная