philosophy of law - is a branch of philosophical knowledge, describing the essence of the legal phenomena, to identify the reasons for the origin and development of the rule of law and institutions, assess the appropriateness or otherwise of the rules of law.
philosophy and law from the time of the ancient states were inseparable together.Heraclitus, Thales, Aristotle, in his writings, said that the concept of "right" due to the "truth", which is a philosophical category.But the selection of the self-discipline has made Hegel.Philosophy of Law, in his opinion, can be studied using two approaches: legistskogo purely legal.Legist argue that law is a product of the activity of the state, the norm - it orders to those who have the power.Such an identification of law with the law peculiar glossators and positivists.Scientific interest supporter Legalism focused exclusively on the study of existing legislation.The nature of natural law, is not backed by law, he is not interested.Positivist epistemology does not recognize the theory of law as such.The positivists are showing increased interest in the text of the law, the language of the law.Thus the very meaning of the law for them is derived from the form, but because it paid less attention.Proponents of the legal approach, by contrast, are not encouraged to study the texts of codes, and the nature of law, the dynamics of its development, its evolution in time.They argue that the right given to man by birth, not granted ruler.The first in the history of such ideas expressed sophists.Natural postulates of international law laid Hugo Grotius in the early seventeenth century.
separate issue, which is dedicated to many publications, is the philosophy of animal rights.Do animal rights?Do they obey the rules?The philosophy of the right to study the phenomenon of totemism.In ancient times, Nenets before killing the bear, conducted a special procedure of "negotiations", which agreed that for the killed will not avenge his native animals.Jean-Jacques Rousseau believed that animals are subjects of the law, since they know how to feel.French educator finds that a person has a duty not only to people but also to animals.Immanuel Kant, on the other hand, was convinced that people do not have any duties to animals.Australian GP Singer found a similarity between the animal rights movement and the feminist movement.
subject of philosophy right now can not be determined unambiguously.Legal axiology examines the value of law, ontology deals with the legal idealism and legal nihilism, develops the idea of law.Teleology explores the purpose of making regulations, the role of law and rights in society.Phenomenology is considering law as a phenomenon, as a self-sufficient system.Legal epistemology teaches us to distinguish the present right from the false, imaginary.Social philosophy explores the interdependence of rights norms of law and norms of morality and ethics, questions of legitimate interest of a single individual, the genesis of the problem and the globalization of law, its harmonization and hermeneutics.
Today, the philosophy of law is at the stage of revival after a break in the development of this science, which came in the Soviet era.Interest in this field of knowledge, scientists are showing different directions and specializations: lawyers, philosophers, sociologists, anthropologists, historians, psychologists.The self-titled discipline is studied at philosophical and law faculties of universities in the country, in specialized institutes and academies.It represents a kind of synthesis of legal and general humanities.
