Legal reality: due and existing in law (socio-philosophical analysis)

Abstract

The article demonstrates the reflection problems in the law of due and existing as legal reality components. The justice concept as a legal category is revealed in the moral assessment context in law and legal regulation in the present and the future. The research purpose is to generalize scientific knowledge and theories that reveal the due and existing law as legal reality factors. By using general and special research methods, the analysis and generalization of scientific material are carried out, consideration of various approaches to understanding justice in law and identifying the role of justice in understanding what exists and should be in law. The article illustrates and considers different points of view and scientific positions of scientists-philosophers and theoreticians-jurists in the research field of the correlation problems of “due” and “existing” in the modern society law in the formation context of legal reality. The research result is the consideration of the due and existing in law as phenomena that determine legal reality as legal reality in combination with political reality and social justice, which acts as the main criterion that determines the essence and social law purpose. Justice is considered the main condition for the existence of modern society and the state. The problems of defining the basic legal justice principles as social justice part, designed to ensure the recognition of law and legal regulation as the main values of the modern legal society, are highlighted. Through legal justice, an understanding of the “proper” and “existing” in law is formed, which constitutes legal reality as a philosophical and legal phenomenon.