The Concept of Values of Law: Classical, Non-Classical and Post-Non-Classical Anthropological Discourses

DOI

10.2991/assehr.k.201205.024How to use a DOI?

Keywords

axiology, anthropology, value, legal awareness, right, truth

Abstract

The paper addresses a comprehensive study of legal values (values of law). The study is of current relevance since the overwhelming majority of scientific publications consider legal values within the framework of schools of legal positivism. However, the analysis of the values of law shows that the legal literature did not touch upon the issues related to values of human consciousness. The paper aims to study the values of law within the framework of anthropological programs – classical (neoclassical), non-classical and post-non-classical. To achieve the aim, the following tasks were fulfilled: 1) publications that reveal the definition of legal values were reviewed; 2) the values of law are considered as the embodiment of the outer and inner truth in terms of classical, non-classical and post-non-classical approaches. The values of law were studied using diverse set of methodological tools: 1) general philosophical methods (dialectical and idealistic); 2) general scientific methods – analysis and synthesis, deduction and induction, analogy, comparison; 3) particular (special) methods – logical, comparative legal, formal legal, normative dogmatic; 4) method of interpretation, including the problem-theoretic reconstruction method. In the study, all legal values were classified into three groups: 1) classical (neoclassical) values are an objective givenness not related to the legal subject that is expressed in a normative fact – the outer truth; 2) non-classical legal values reflect stable formation of the human psyche – a personality formed through assimilation of the external content and acquisition of the experience of the legal life of society that represents the inner truth; 3) post-nonclassical value manifests itself in legal entity – an act of conscience that reflects eternal and unchanging principles as the inner truth.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Valeriy Prokopievich Ivanskiy
PY  - 2020
DA  - 2020/12/07
TI  - The Concept of Values of Law: Classical, Non-Classical and Post-Non-Classical Anthropological Discourses
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 135
EP  - 140
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.024
DO  - 10.2991/assehr.k.201205.024
ID  - Ivanskiy2020
ER  -