On the question of the demarcation of the philosophy of law and the theory of law: axiological approach
T. V. Melnikova
Siberian Federal University, Krasnoyarsk, Russia
Keywords: philosophy of law, theory of law, legal education, axiology, demarcation
Abstract
Introduction. The problem of the correlation between the philosophy of law and the theory of law is extremely relevant for finding answers to a number of questions in the field of educational activity. To resolve it in order to teach the philosophy of law more effectively and expediently, in particular, it is necessary to discuss whether this branch of knowledge belongs to the legal or philosophical sciences; what is included in the subject of each of these branches of knowledge. Methodology. The problem of demarcation of the philosophy of law and the theory of law has been debatable for many years. A number of researchers refer the philosophy of law to philosophical sciences, other researchers - to the system of sciences of jurisprudence. The author offers her view on the differentiation of these branches of knowledge, using in particular an axiological approach. Discussion. It is shown that the philosophy of law as a branch of philosophy is a system of knowledge about the essence of law, about the most general laws of knowledge of law; the subject of the theory of law is a generalization of knowledge about the existing legal regulation and trends in its development. In the ontological aspect, the subject of the philosophy of law is the study of the essence of law, and the subject of the theory of law is the analysis of the phenomena of law: both their forms and contents. The epistemology of law as a philosophical branch of knowledge has such features as the ideological nature of philosophical cognition, the subjectivity of philosophical images of law, the a priori nature of philosophical cognition, while the theoretical and legal comprehension of law is characterized by praxeological nature, the desire for freedom from the influence of subjective preferences of the cognizing subject and inductive thinking. There are also a number of differences between socio-legal philosophy and the theory of law, philosophical and legal axiology and value approach in the theory of law. Conclusion. It is concluded that, taking into account the differences in the subject, goals and nature of philosophical and legal and theoretical-legal cognitive activity, it makes sense to consider the philosophy of law as a philosophical branch of knowledge.
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