The Legal Pattern in the Rational Picture of Law

Abstract

The modern rational picture of law needs to expand the conceptual, categorical and cognitive tools. To this end, the article introduces such categories as “regulatory cycle”, “regulatory crisis”, “legal pattern”, “rational picture of law” into legal circulation and legal discourse. With their help, it is proposed to monitor changes in public attitudes to emerging threats and risks, the prevention of which requires legal regulation. As the conducted research has shown, this toolkit should be based on the category of “legal pattern”, which allows to explore intuitive legal understanding, the structure of a legal norm, an unformalized sample of lawful behavior, as well as phase transitions from intuitive legal understanding to a legal norm representing the form-content of positive law, from a legal norm to an unformalized sample of lawful behavior, from such a sample to the legal code. The presented tools make it possible to avoid the current instability, social and legal crisis phenomena arising in connection with the overlapping of rational and real components of the picture of law, as well as many “regulatory cycles” leading to “regulatory crises”.