Intellectual Vanity and Movement of Law

Vanity Fair is an English novel by William Makepeace Thackeray

Volodymyr Machuskyy Sr.

Intellectual vanity denies the possibility of comprehending reality, proclaims the limitations of knowledge and creates a scientific fallacy – a phanomen of law, which is doomed to unattainability and otherworldly existence.

Similarly, the starry sky for an inexperienced observer seems frozen, and the stars themselves are motionless, but the observer can not stop the movement of the stars.

Thereby, the рhanomen of law cannot stop the movement of law as a nomen – eternally moving, real and reasonably real.

Shaky phenomenology sometimes leads to a denial of the effectiveness of law itself and gives grounds for proclaiming the thesis of a crisis of legal thought. Hence, there are attempts leveling the Law to an ordinary instrument of economics.

There may be a crisis of theoretical legal thought due to the deepening of conceptual differences in the understanding of law, which gives grounds for opponents of the Law to declare the ineffectiveness of legal norms.

The movement of law determines the possibility of law in three states: generality, special and separate.

Law as a generality or idea is a law in general and answers the question “what” (reason).

Law as a special is an action of law – legal regulation and legal certainty and answers the question “how” (action).

Law as a separate is the goal of law – the law and order and answers the question “why” (goal).

The movement of law is carried out from the general through the special to the separate and thus the idea of law through legal regulation is embodied in the law and order.

Legal regulation as a legal certainty is conditioned by the awareness of the idea of ​​law by society and consists in the establishment of an obligation, prohibition or permission – or by legislation (normative legal act) or a court decision (judicial precedent).

Differences between a normative legal act (general prescriptions) and judicial precedent (individual prescriptions) do not affect their essence as positivity, nor their same ultimate goal, as the difference between the legislation and the court decision is only in the direction of the movement of law.

The legislation mediates the movement of law from an idea through a legal norm to a specific relationship, and a court decision, on the contrary, determines the movement of law from a specific relationship through a court norm to an idea of ​​law.

The movement of law is not limited to unilateral movement from law through legal regulation to law and order. The reverse movement of law is carried out from the person as a separate through the subject of law as a special to the law person as a generality, because the law and order as a separate of the law is (at the same time) the generality to the person.

Original

The Law Also Rises: Becoming