Mythological, religious and cultural dimensions of the law phenomenon.

Authors

DOI:

https://doi.org/10.15421/272215

Abstract

Building a legal state requires defining the law phenomenon and the values it protects. For this, it is necessary to determine the mythological, religious, and cultural components of law and their meaning in rational and irrational contexts. The paper’s purpose is to determine the impact of mythology, religion, and culture on the law. The paper’s methodology is based on the interaction of comparative analysis and historical- philosophical reflection, as well as the method of combining the historical and the logical. That allows revealing the role of rational and irrational components in the law knowledge, distinguishing the normative foundations of law from myth, determining the interaction of religion and law, and analyzing the cultural meanings of law. Description of the main results. During the research, it was determined that even though mythologemes change in society, the problem of the law phenomenon knowledge remains relevant and needs to be solved in the context of different cognitive systems. It is shown that the historical and philosophical understanding of existence lies beyond time in its usual understanding and is equally essential nowadays as it was many years ago. Studying different levels of human knowledge allowed a better understanding of the law phenomenon peculiarities in modern society. Explanations of the world by myth included examples of correct behavior that constituted the normativity of the myth. The peculiarity of mythological consciousness gives rise to the idea that a person is a component of the universal world, allowing us to attribute the norms in the myth to universal laws. It is shown that although religious norms can be directed to the transcendental, they contain normativity and law, while they remain different social regulators. In contrast to religious norms, which completely regulate a person’s life, the law is still focused on particularly strong social relations outside the guidelines of one or another religion. Since the law in the cultural environment is a carrier of universal values, the moment of their coordination is paramount. The fact that the law protects it from destruction also speaks of the special role of law in culture. Culture in society cannot be completely homogeneous; different wills, aspirations, and interests collide within it. Furthermore, the law’s purpose is not to level this diversity, but on the contrary, to make communication in the middle of the cultural environment diverse and, at the same time, safe. Scientific novelty. It was determined that the myth contains irrational dimensions of a person’s being and rational dimensions of normativity, which is perceived as a universal rule necessary for fulfillment. The relationship between religion and law is determined primarily by common culture and history, and they must always be implemented within the cultural continuum and correspond to modern realities. Culture determines the law, and at the same time, law influences the development of culture, especially legal culture, and forms the legal consciousness of an individual. Conclusions. It was possible to find out that during historical- philosophical reflection, it is possible to define rationality and irrationality as the main cognitive systems of law. Awareness of the law phenomenon begins with mythology, with the ability to distinguish normativity as its component. The remaining social regulators, religion, and law anchor cultural changes and, simultaneously, are culture leaders in society.

Published

2022-12-14