Article title Methodological Bases of the Anthropological Concept of the Law
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 1/2014
Сторінки [166-181]
Annotation The article attempts to prove the methodological program of postclassical legal anthropology. Based on the critical analysis of compiling a dogmatic language of the general theory of law within the limits of German conceptualism, it is offered to consider possibility of creating a language of the law which is alternative to dogma on the non-dogmatic basis within the limits of postclassical anthropology of the law. The basic property of a modern language determines necessary personality as the key characteristics of a postclassical legal thought which gives the chance for a constant deduction of the moment of legal existence of a legal subject that is reached through introduction of «legal subjectivity» concept in the apparatus of the law. As for the understanding of law which is the first to be exposed to reconsideration within the limits of the anthropological program, the author substantiates the necessity of refusal from classical concept of the essence of the law as a certain standard for legal authenticity with simultaneous transition to the concept of legal existence in which correlation of the legal subjectivity, on the one hand, and rules of law, ideas and relations in integral process of legal life on the other hand is possible.
Keywords methodology, legal anthropology, classics, post-classics, the person-in-law, legal subject, legal person, anthropological type of understanding the law.