Legal Reality as Itemof Postclassic Law Philosophies

Abstract

The writer show important of philosophical understanding of the law existence. The legal philosophy is searching the ground of juridical science. Philosophy of science is not like a separate area of knowledge, existed closer with this scientific discipline, but her high level- the level of her grounds. In this level occur “contact” between worldview, philosophy and this scientific discipline. Philosophical knowledge (with ideological and everyday knowledge subjected to philosophical ref lection) used for ontological and epistemological substantiation of science. Philosophy of science (like her according level) is not a science, but the knowledge and without this knowledge, science (and juridical science) is impossible. In this case the legal philosophy is the high level of jurisprudences provided ontological and methodological justification of law. Exactly legal philosophy allows juridical discipline come in “meta-legal” area, only from legal philosophy possible explication of legal grounds.Post-classical philosophy formulates the following picture of legal reality: 1) law is created (constructed) by people;2) law is conditioned by historical and socio - cultural context; 3) law is multifaceted, potentially inexhaustible in its external manifestations, phenomenon; 4) law exists in the sign form and practices (behavioral and discursive, mental) people. Post-classic right philosophy is characterized by anthropology and practical orientation.Legal reality formulated by people and reproduced by their practices. The study of exactly how this happens is an important task of post - classical philosophy of law. This approach differs significantly from the classical one and is an adequate analysis of law in post-modern, global society.