Mythologisation of Law by Historical Consciousness

Authors

Valery MALAKHOV Kikot Moscow University of the Ministry of Internal Affairs of Russia
Galina LANOVAYA Kikot Moscow University of the Ministry of Internal Affairs of Russia
Yulia KULAKOVA Kikot Moscow University of the Ministry of Internal Affairs of Russia

DOI:

https://doi.org/10.24234/wisdom.v1i1.667

Keywords:

mythologisation, myth, historical consciousness, law, form of law, correlation, legal concept, history, legal understanding, legal consciousness

Abstract

The main objective of this article is to substantiate the fact that historical consciousness as a form of social consciousness is full of the mythologisation of law.

The main hypothesis is that only such forms of law as customary law and international law may be considered historical phenomena. Standalone in law, mainly subjective law is not actually a historical phenomenon; therefore, any historical interpretation of it leads to mythologisation.

The subject of this study is the mythologisation of law, found in the content of several legal concepts and being present in correlations with basic historical concepts.

The complexity of the problem posed is that the very phenomenon of history outside historical consciousness, especially in our time, is constantly subjected to serious mythologisation.

The result of the study is the statement that historical legal understanding is not connected with the understanding of the nature of law and does not reveal its essence. The methodological consequence of this for legal theory is the need for concentration on the understanding of the development of law not as a historical, but only as a social process, and for the law itself – as something that exists and makes sense only in the present.

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Author Biographies

Valery MALAKHOV, Kikot Moscow University of the Ministry of Internal Affairs of Russia

PhD, Doctor of Science in Law, Professor of the Department of Theory of State and Law of the Kikot Moscow University of the Ministry of Internal Affairs of Russia. The total number of monographs – 20, articles – 90. Research interests: methodology and logic of knowledge and understanding of the law, theory of legal consciousness, mythologization in legal theory. Recent publications: “Myths of Modern General Legal Theory”; “Law in the Context of Forms of Social Consciousness”; “Methodological and Ideological Problems of Modern Legal Theory”; “Methodological Thinking in the Knowledge and Understanding of Law”; “Theory of Legal Consciousness. Formation Experience”.

Galina LANOVAYA, Kikot Moscow University of the Ministry of Internal Affairs of Russia

PhD, Doctor of Science in Law, Professor at the Department of Theory of State and Law of the Kikot Moscow University of the Ministry of Internal Affairs of Russia. The total number of monographs – 4, articles – 77. Research interests: topical problems of the theory of law, features of modern law, issues of interaction between the state and civil society, problems of interpretation of legal concepts, legal consciousness and legal culture, problems of philosophy of law. Recent publications: “The Problem of Typologization of Modern Law”; “Human Rights in the Modern World”; “Distinctive Features of Modern Law”.

Yulia KULAKOVA, Kikot Moscow University of the Ministry of Internal Affairs of Russia

PhD in Law, Deputy Head of the Department of Theory of State and Law of the Kikot Moscow University of the Ministry of Internal Affairs of Russia. The total number of monographs – 4, articles – 39. Research interests: issues of legal culture, legal thinking, history of legal thought, topical problems of the theory of the state, philosophy of law. Recent publications: “Features of Modern Culture in the Context of the Tradition of Law”, “Concept of Ideology in the Development of Legal and Political Thought”, “Civil Society: Legal Implementation and Enforcement of Russian Legislation in the Field of Religion”.

References

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Malakhov, V. P. (2021). Filosofsko-pravovyye interpretatsii problem sovremennoy obshchepravovoy teorii (Philosophical and legal interpretations of the problems of modern general legal theory, in Russian). Articles Digest. Moscow: UNITY-DANA; Law and Right.

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Published

2021-12-15

How to Cite

MALAKHOV, V., LANOVAYA, G., & KULAKOVA, Y. (2021). Mythologisation of Law by Historical Consciousness. WISDOM, 1(1), 125–137. https://doi.org/10.24234/wisdom.v1i1.667

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Issue

Vol. 1 No. 1 (2021): Special Issue: Philosophy of Law

Section

Philosophy of Law

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