The Social Sciences

Year: 2016
Volume: 11
Issue: 13
Page No. 3366 - 3369

Spiritual Sense of the Right in the Legal Hermeneutics

Authors : Pavel P. Baranov and Alexey I. Ovchinnikov

Abstract: In research philosophical and legal aspects of the legal hermeneutics are analyzed, the spiritual sense of the right in the context of the hermeneutic and communicative paradigm comes to light. In this research methods of the philosophical and legal analysis of legal reality, the idea of the philosophical hermeneutics, the concept and theory of philosophy of science, the epistemology are applied. Besides, in study researcher rely on achievements of modern psychology, the legal axiology and anthropology. In this study, the analysis of the legal hermeneutics relies on the following special circumstances and the principles. The author pays attention that right roots in the spiritual life of the personality that without love for the neighbor, without sacrifice neither communication, nor sense of justice is impossible. In the essence of the right the love for the neighbor, sacrifice and spirituality lies. The impossibility of separation of the right and moral locates in the study. The conclusion that the narrow understanding of the legal hermeneutics negatively affects the development of jurisprudence, in general, theories and legal philosophies in particular is drawn. Recognition of Another is the cornerstone also of humility and love for the neighbor. Without at least some share of humility and love for the neighbor neither communication with Another, nor a legal relationship with it, recognition and therefore and legitimacy of the right and law and order is impossible. In such context the communicative essence of the right doing possible social life of the person, its coexistence with other people is accurately shown, the right is mortgaged in the certain mode of human life, lives of the human person when it aims to balance the behavior are more exact, following the logic of communications in society. Approve the behavior with other people means to reconcile and the psychology convinces us: participation of each person in general forms of intellectual activity does possible formation of original thinkingand he afterward opportunity to be the member of human communication, communication. Philosophical and legal value of hermeneutic approach to the right leads to thought that right roots at all not in fall of the person, not in initial perversity of the person egoism and in spiritual life of the personality in the nature of the conceiving and communicating person.

How to cite this article:

Pavel P. Baranov and Alexey I. Ovchinnikov, 2016. Spiritual Sense of the Right in the Legal Hermeneutics. The Social Sciences, 11: 3366-3369.

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