Clarification and analysis of the concept of “legal reality”

¹ Tyumen Industrial University, 625000, 38, Volodarskogo str., Tyumen, Russia
² South Ural State University (National Research University), 628600, Nizhnevartovsk Branch, Mira str., 9, Russia
³ Financial University under the Govrnment of the Russian Federation, 125993, 49, Leningrad Avenue, Moscow, Russia

^* Corresponding author: a.copytowa@yandex.ru

Abstract

The relevance of the study is determined by fundamentally different approaches to understanding the essence of legal reality, which creates practical issues of law enforcement. Legal reality is considered in the context of cultural interpretation of law, its role in the legal being of civil society is determined. The analysis of scientists’ worldviews on the problem of the category of “legal reality” allowed the authors to generalize global approaches and define this category as a special kind of being the kind of ideal being; its essence lies in the obligation, and this sphere constitutes the world of man as a person and the world of culture in general. This “being” has a semantic structure. The meanings of law are expressed in mental attitudes, ideas and theories, in the symbolic form of norms and institutions, in human actions and relationships, i.e. in various manifestations of legal reality. However, taking into account the rootedness of law in culture, one can say that the way of the existence of meanings is very multifaceted. According to the authors, clarification of the concept of “legal reality” is necessary to improve legal practice. The leading research approach includes such scientific methods as dialectics, analysis, synthesis, deduction and the formal legal method.