Tishchenko Y. Legal Myth and Legal Myth-Making as the Attributes of Contemporary Society

The thesis is devoted to the nature, structure, functions of the legal myths, to their place in the legal reality, as well as to the myth-making process, which are inherent for the contemporary society. Author proves that comprehending of the legal myth should not be based on its evaluation as negative phenomenon, which deforms reality. The thesis includes the understanding of the legal myth as special phenomenon, which exists at the rational and irrational levels of legal consciousness; in reflected form it also exists in legal texts, expressing legal values and legal anti-values and legitimating legal phenomena, institutions and processes. Authors shows the features of legal myth, such as dogmatisme, sociality, intemporality, functionality, irrationality, energeticness, plurality. The place of legal myth in legal reality is also shown. In particular, authors highlights the specifics of the myths of legal consciousness and of positive law. It is proved that jurisprudence should avoid the usage of myth, as they are not the scientific knowledge. The myth-making function of legal thought is highlighted.