Phenomenology of Legal Conflict

Abstract

This study aims to generate scientifically-based knowledge about the essential features of a legal conflict and its nature using phenomenological methodology. It relies on axiological studies of law existence and phenomenological interpretations of the life of law. This study analyzes interpretations of legal conflict in terms of foreign general sociology and domestic law conflictology. Attention is drawn to the ambiguity in the scope of the category under research — ranging from a purely normative version exclusively indicating a clash of interests in law regulation to broader interpretations that imply conflict over relevant benefits. In this study, several possible fields of legal conflict were identified: contradictions between law consciousness and the content of real law relations, law ideas and elements of law relations, and value orientations and legal requirements. A legal conflict is defined as a contradiction between subjects of law regarding the implementation, application, violation, or interpretation of the rules of positive law caused by the antagonism of their social and legal interests, as well as differences in attitudes toward the rules of law and legal values. This study differentiates between legal conflict and dispute. The essence of the conflict is considered in ontological, epistemological, and axiological aspects. The essential feature of a legal conflict is its mixed nature, which combines objectivity and subjectivity. The conflict is explained as an intersubjective category, due to the relative nature of the legal conflict and the dependence of its occurrence, course, and resolution on the positions of the participating entities as well as the competent entity designed to resolve it. A legal conflict presupposes the impossibility of realizing the interests of subjects of law relations when obstacles arise that require overcoming through law. Additionally, the conflict is procedural and extensive and goes through several stages discussed in the work. A legal conflict is directly related to the phenomenon of social anomie, which implies uncertainty: the presence of obstacles to satisfying the interests of the conflict subjects requires a clearer definition of boundaries in their subjective rights, powers, and legal obligations. Overcoming legal conflicts presupposes a high readiness of society not only for conflict but also for compromise actions.