Theoretical and methodological approaches to understanding legal in the modern Ukrainian school

Abstract

The article examines the issues of theoretical and methodological approaches to legal understanding in secondary school. It is emphasized that in the process of studying issues of legal understanding in a secondary school, it is necessary to pay attention first of all to the fact that law is a complex phenomenon of social reality. In contrast to the long-standing understanding of law as an attribute of the state, modern general theoretical legal science is aware of the need to understand law as an independent phenomenon of social life that does not depend on the will of the state. The essence of the natural law theory is that, in addition to the objective law created by the state, there are natural inalienable rights that stand above it, which belong to a person from birth. Natural law as legal ideas, principles, ideals, requirements is not a right in the legal sense, but represents the closest and necessary prerequisite of positive law. Within the sociological theory of law, law is a system of legal relations, the real behavior of people regulated by law. The third approach of legal understanding is normative. The essence of the normative approach to legal understanding boils down to the fact that law is defined as a hierarchy of norms, as a normative regulator of social relations. Summarizing existing theoretical approaches, it is appropriate to note that law is a complex system category that includes such components as legal values, legal experience, legal tradition, legal doctrine, legal dogma, and legal empiricism. The primary element that forms the basis of the understanding of law is legal values, which create a kind of ideal model of law. A conscious understanding of the value aspects of modern approaches to legal understanding is important for the formation of a holistic view of law as a multifaceted phenomenon of social reality. The task of integrative jurisprudence is to establish a complex, multifaceted and broad approach to understanding law by highlighting those elements in legal concepts that help to better understand the main features of law.