The Essence of Law in the light of Objective Idealism and Naturalistic Dualism

Abstract

The dual nature of law lies in the fact that, on the one hand, it acts as an objective public regulator, on the other hand, the specificity of its unique perception presupposes the formation of a subjective sense of justice. Every time when faced with legal phenomena, a person experiences emotions, becomes aware of them and reacts in a certain way. The legal reality formed in this case is not a mental category in the head of an individual. Its objectification serves as the basis for building social communications and establishing generally recognized boundaries of what is permissible. The specificity of legal phenomena requires clarification of their essential features in order to isolate them from other objects of the surrounding world. Of particular importance here is the supervenience attribute, which mediates the determinacy of law by basic cultural, ideological, socio-economic prerequisites. The purpose of the paper is to search for relevant methodological tools to explain the ontological essence of law based on the conceptual approaches of Plato’s objective idealism and D. Chalmers’ naturalistic dualism. These concepts seem to be more successful in explaining legal phenomena than materialistic concepts, since they allow us to recognize the independence of the ontological status not only of physical phenomena. Consciousness is filled with intelligible objects that do not have substance, but have their own essence. The identity and intensity of perception of legal abstractions confirm the reality of legal reality. The work uses dialectical, historical, logical, hermeneutic, hermeneutic, sociological, formal legal, predictive and other methods of cognition.