Bernyukov A. The juridical reality as ontognoseological form of existence of the law (philosophical and methodological analysis)

In work being and knowledge of juridical reality in the light of development of modern West European philosophical and legal thought is exposed to the analysis. Thus, research is carried out from a position of an integrated approach. In particular, ideas of legal ontology and gnoseology are in detail analyzed, respectively, within the methodology created on their base, the basic interconnected principles, concepts and categories are considered. Therefore, all main levels of juridical reality are covered. In turn, on the other hand, such look also allows to open also a volume picture of intrinsic depth of this phenomenon in general. In this connection, in the thesis, first of all, emergence, development, a current state and tendencies of development of juridical reality are analyzed. Prerequisites of process of formation of law reality prior to its realization in society through positive laws are in this regard analyzed, – the essence of the last is already considered further, – and finishing in direct behavior of the ordinary social subject as which the existence. Thus, it is shown and described all interpretative way which there passes a person making this or that activity, it is settled by norm (and jus, and lex). Thereof, one of an important point is situation here that the nature and essence of juridical reality need to be explained proceeding not only from the current legislation, how many from the contents and structure of the law, and considering all hermeneutical and epistemological factors influencing an existence in the conditions of implementation of its action in the real.