The Dialectical and Materialistic Understanding of Legal Values within the Framework of the Socio-Axiological Approach to Law and the Conventional Discourse Legal Theory

Abstract

The work proclaims and defends the dialectical-materialistic understanding of the category of “legal value”. This approach is characteristic of the socio-axiological approach to law, where law is considered as a system of values and a discursive-conventional theory of law based on it, where, in turn, law appears as a conventional phenomenon developed in the process of legal discourse, which is a discursive form of class struggle in modern society. The work uses dialectical (dialectical-materialistic method), formal-logical and systemic methods. A socio-axiological approach to law is used. The materialistic understanding of values is an important factor in scientific axiology, freed from the fetters of “ideology”. The formal legal approach to the definition of legal values is excluded, where legal values are understood as values expressed in legal texts (mainly in legal sources), and an arbitrarily idealistic approach to legal values. The dialectical understanding of values presupposes an understanding of legal values through two points: the formation of values from contradictions within the framework of right-wing discourse and the relationship (structure) of values in law (and these two points — a kind of state also express the contradiction between dynamics and statics).