The problem of legality and legitimacy in modern German legal literature

The paper deals with the problem of interpretation and understanding of one of the most complex and capacious concepts in legal science “legality” on the example of the latest sources in German legal literature. The importance of referring to the explanation of legality is dictated, first, by the fact that it is German authors, such as M. Weber, C. Schmitt, H. Kelsen, defined the vector of a significant part of modern discussions on this issue, and secondly, scientific achievements of German scientists today set a credible example for many researchers in other countries. The research based on the analysis of a number of original sources suggests that the problem of legality interpretation by methods of legal argumentation is replaced, as a rule, by means of a socio-political lexicon, which often leads to an arbitrary shift and the lack of proper differentiation of different disciplinary approaches.