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Rationality of Law: Philosophic and Legal Analysis

Student: Trinitka Darya

Supervisor: Anton Didikin

Faculty: Faculty of Law

Educational Programme: Legal History, Theory and Philosophy of Law (Master)

Year of Graduation: 2020

This research is devoted to the topic of rationality in law, which finds itself not only in the legal sphere, but also in the socio-cultural one. Carrying out the research, the author made the following conclusion: the criterion of rationality will be based on the time division into compliance with the modern type of society, which is formulated as follows: everything that is modern knowledge will be rational. Defining the phenomenon of rationality in law, we need to talk about the definition of all law inherent in a particular society. Using the phenomenological and sociological approaches, the author argues that rationality in law should be regarded as an installation subject acquired as a result of the sociocultural life, which depends on his experience of interacting with the environment in which he lives, which means, firstly, the existence of various types of rationality each sociocultural system, and, secondly, the unity of ideas about de lege ferenda in a single communicative space.

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