Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Legality as a General Legal Category: A Sociological Aspect

View through CrossRef
Purpose. The modern post-classical stage of legal science development involves a general theoretical study of legality from the perspective of a sociological approach to law, which has not yet been fully implemented in works on the general theory of law.Legal positivism and normativism have largely exhausted their heuristic potential regarding legality, leading to a decline in scientific interest in it. In a theoretical context, it is necessary to consider legality as a complex social system that affects the functioning and development of the state and law in general. Methodology: dialectics and a systemic-structural approach. Conclusions. In the structure of legality as a system, the author distinguishes between the endo-level (internal level) and the exolevel (external level). The basic characteristics and place of legality in the context of the sociological approach to law are outlined. The article substantiates the idea that legality is a methodological «reference point» that allows for the transition from the ought to the is in legal reality, and proposes an author›s concept of legality in the focus of legal sociology. Scientific and practical relevance. The article aims to update the understanding of legality from the perspective of society as a source of legal activity in general, and it addresses the epistemological gap by considering legality as a social system for the first time, opening up new horizons for the search for scientific truth regarding legality.
Title: Legality as a General Legal Category: A Sociological Aspect
Description:
Purpose.
The modern post-classical stage of legal science development involves a general theoretical study of legality from the perspective of a sociological approach to law, which has not yet been fully implemented in works on the general theory of law.
Legal positivism and normativism have largely exhausted their heuristic potential regarding legality, leading to a decline in scientific interest in it.
In a theoretical context, it is necessary to consider legality as a complex social system that affects the functioning and development of the state and law in general.
Methodology: dialectics and a systemic-structural approach.
Conclusions.
In the structure of legality as a system, the author distinguishes between the endo-level (internal level) and the exolevel (external level).
The basic characteristics and place of legality in the context of the sociological approach to law are outlined.
The article substantiates the idea that legality is a methodological «reference point» that allows for the transition from the ought to the is in legal reality, and proposes an author›s concept of legality in the focus of legal sociology.
Scientific and practical relevance.
The article aims to update the understanding of legality from the perspective of society as a source of legal activity in general, and it addresses the epistemological gap by considering legality as a social system for the first time, opening up new horizons for the search for scientific truth regarding legality.

Related Results

Procedural Legality in International Human Rights Law
Procedural Legality in International Human Rights Law
Suppose the law criminalizes an act but does not lay the procedure for prosecuting such an act. Is the Principle of Legality implicated under international human rights law if the ...
Kedudukan Asas Legalitas Pasca Putusan Mahkamah Konstitusi Nomor 003/PUU-IV/2006 dan 025/PUU-XIV/2016
Kedudukan Asas Legalitas Pasca Putusan Mahkamah Konstitusi Nomor 003/PUU-IV/2006 dan 025/PUU-XIV/2016
Korupsi musuh bersama yang harus diberantas sampai dengan akarnya. Putusan MK No. 003/PUU-IV/2006 dan No. 025/PUU-XIV/2016 mempengaruhi pemberantasan korupsi, karena dengan kedua p...
Pendampingan Pembuatan Legalitas Usaha Mikro Kecil dan Menengah (UMKM)
Pendampingan Pembuatan Legalitas Usaha Mikro Kecil dan Menengah (UMKM)
ABSTRAK Legalitas usaha merupakan suatu hal yang sangat penting, dengan adanya legalitas usaha, suatu kegiatan usaha dapat terlindungi, dinyatakan legal, serta dapat diakui oleh ma...
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere is a monograph that argues for a fundamental reorientation of constitutional law around the realities of biospheric interdep...
Independence of Judges in Deciding Criminal Cases Perspective on the Principle of Legality
Independence of Judges in Deciding Criminal Cases Perspective on the Principle of Legality
Judges' independence in resolving criminal cases ensures justice and legal certainty inside the legal system from the standpoint of the legality principle. Independence from unlawf...
THE ANALOGY OF STATUTE AND THE ANALOGY OF LAW AS DOCTRINAL INSTRUMENTS FOR LEGAL RESPONSE TO ECONOMIC CHALLENGES
THE ANALOGY OF STATUTE AND THE ANALOGY OF LAW AS DOCTRINAL INSTRUMENTS FOR LEGAL RESPONSE TO ECONOMIC CHALLENGES
Ukraine's contemporary legal system is undergoing a period of significant transformation, which necessitates not only a robust and stable legal framework, but also a flexible doctr...
ANALISIS KETERAMPILAN MENULIS SURAT RESMI MAHASISWA PGSD FKIP UNIVERSITAS RIAU
ANALISIS KETERAMPILAN MENULIS SURAT RESMI MAHASISWA PGSD FKIP UNIVERSITAS RIAU
This research is a descriptive quantitative research. The purpose of this research is to describe the skills of PGSD FKIP Riau University students in writing official letters. The ...
Reorientation of the Principle of Legality in the Handling of Corruption Offences in Indonesia
Reorientation of the Principle of Legality in the Handling of Corruption Offences in Indonesia
The reorientation of the principle of legality in the handling of corruption offences in Indonesia is essential to challenge normative formalism. This study aims to conduct an in-d...

Back to Top