Metaphysics of Law as a Sociocultural Phenomenon: Discussion Aspects
Introduction: the subject of research is the metaphysics of law as a sociocultural phenomenon. The question is posed of the socio-cultural conditionality of the metaphysics of law. The conditionality of the metaphysics of law by the social and cultural situation, on the one hand, and the general influence of the metaphysics of law on the very sociocultural reality is assumed as a systemic phenomenon. Materials and Methods: the proposed research is based on a sociocultural and phenomenological approach to the consideration of the metaphysics of law. The subject of this research is the metaphysics of law as a sociocultural phenomenon. This subject can be distinguished from the general array of materials devoted, on the one hand, to the disclosure of the essence of the metaphysics of law, on the other hand, aimed at a critical analysis of the metaphysics of law, considering it as a complex, multi-aspect and historically necessary phenomenon of social life. Results: the sociocultural and phenomenological approach to the metaphysics of law makes it possible to form a specific subject of research - the sociocultural phenomenon of the metaphysics of law. The theoretical significance of the formation of this subject is a more complete study of the mechanisms that determine the development of the legal sphere of society. Discussion and Conclusions: the sociocultural approach to the metaphysics of law transfers the philosophical and legal discourse from the plane of the correspondent concept of truth to the plane of the pragmatic one. In fact, this means that the metaphysics of law is not disputed and is not substantiated in its specific content, but is accepted as a given (by the fact of existence) in the system of social reality. The subject of discussion is what are the real practical consequences of metaphysical and legal ideas for the legal sphere of society. If the reliability of each specific metaphysical and legal doctrine rightly raises a number of questions, especially in the light of antimetaphysical tendencies in culture, then the cultural and historical situation of the adoption of one or another metaphysical and legal paradigm, as well as the formation of lawmaking and law enforcement practice on its basis, refers to a positive factual component social reality.