LEGAL REALISM AS AN ONGOING NORMATIVE COMMUNICATION OF PEOPLE AND A KIND OF LEGAL THINKING. REFLECTIONS ON LEGAL REALITY

Abstract

The article deals with the generalized concept of legal realism as the normative communication of people being carried out through the variety of normative systems used by them and a kind of legal thinking, understood as summing up practical phenomena under a legal norm, which is one of the variants of the rational understanding of law, not ascending to the comprehension of its essence, stopping at the direct perception of visible normative communication of people as a valid law, the process of formation of which in this case remains unknown. The substantiation of the transition from the positivist interpretation of the concept of legal realism to the philosophical-legal one, made in the doctrine of law by G. Hegel and R. Iering, is given.