ПЛЮРАЛЬНІСТЬ ПОСТКЛАСИЧНОЇ ФІЛОСОФІЇ ПРАВА ЯК ШЛЯХ ДО РОЗКРИТТЯ ПРАВОВОЇ ІДЕНТИЧНОСТІ

Abstract

The article investigates legal identity through the pluralism of post-classical philosophy of law. It is revealed that the achievements of post-classical approaches are as follows: 1) the psychological approach (including social psychology and psychoanalysis) allowed disclosing the legal identity as: emotional attachment to another; process of imitation of someone; likening yourself to another person; search for your place in life; the result of the subject capable of overcoming the contradictions between personal and social; internal consistency and stability; complex personality education; the main mechanism of social interaction; social self-determination; 2) synergistic approach considers legal identity through: description of openness and evolution, part and whole, randomness and determinism, chaos and order; the way of spiritual self-organization of an individual and society; socio-cultural inheritance, way of adaptation, socialization; 3) according to the hermeneutic approach, a person construing and interpreting the texts of legal norms forms its own legal self-determination, which has an effect on legal identity; 4) phenomenological approach disclosed legal identity through interconnection with legal awareness as: cultural education; universal form of self-awareness; the result of a persons ability to construct its own reality; 5) the philosophy of life explains legal identity through the person, its value orientation, the purpose and values of legal life; 6) according to intuitionism, legal identity is the result of comprehension of one’s role in society through observation without substantiation of it by means of evidence; 7) an existential approach focuses on the problem of a human and his/her place in the world, and legal identity is considered as freedom of expression and individual perception.