Категория правосознания в философской и юридической теории: методологический аспект

Abstract

The article analyzes particular and general ways of interpretation and implementation of legal consciousness category in philosophy and juridical theory. The author looks the evolutional genesis of legal consciousness concept in Russian law theory and philosophy, beginning from the end of XIX century and to the contemporary times. The main idea of the article is that firstly the concept of legal consciousness used to renew law theory with respect to past-classic paradigm of scientific knowledge overcoming objectivism of classic kinds of law understanding. But it gets category meaning in dialectic-materialistic philosophy theory and theory of state and law of USSR to found juridical normativism and etatism of official juridical doctrine and legitimate conservative character of it. The author comes to conclusion that the implementation the category of legal consciousness to contemporary theory of law looks as attempt to join together models of legal understanding which has different nature and different springs of happening. With respect to this problem author suggests to rethink this category in the context of tasks of contemporary philosophy and fundamental law theory.