ON LEGAL REFLECTION: LEGALISTIC TYPE OF LEGAL CONSCIOUSNESS

Authors

  • Dmitry Sergeevich Astashov Author
  • Aleksander Vasilievich Petrov Author
  • Alina Antonovna Solovyeva Author

Abstract

The article devoted to concepts and methods of legal reflection in the positive type of
law consciousness, based on the analysis of the historical development of positivism beginning
with the earliest stages of its origin, describes regularities of transformation typical for
legalism of forms of the legal reflection of reality. The authors examine the issues of legal
reflection in the legal activity of glossators and post-glossators on formation of the modern
based on abstract norms legal system.
The authors consider the problems of formation of positivism in scientific works of T.
Hobbes, J. Austin, H. Kelsen, R. Jhering regarding the theory of legal reflection as ability
of the law at a certain level of abstraction to reproduce a system of the most important social
relations. In the course of the research study the authors have come to the conclusion
that legal reflection in the positive type of law consciousness was based on a pragmatic,
instrumentalist approach to the law as a way of solving extralegal problems.

Author Biographies

  • Dmitry Sergeevich Astashov

    Postgraduate student of the Department of Theory and History
    of State and Law, South Ural State University, Chelyabinsk, Russian Federation.

  • Aleksander Vasilievich Petrov

    Doctor of Sciences (Law), professor, Department of Theory
    and History of State and Law, South Ural State University, Chelyabinsk, Russian Federation.

  • Alina Antonovna Solovyeva

    Candidate of Sciences (Law), associate professor of the Department
    of Theory and History of State and Law, South Ural State University, Chelyabinsk, Russian
    Federation.

Issue

Vol. 16 No. 2 (2016): Bulletin of the South Ural State University. Series Law.

Section

Problems and Questions on Theory of State of Law, on Constitutional Law