Philosophical and legal aspects of knowledge of law at the present stage in the context of the general culture of creativity in jurisprudence
Authors:   Институт государства и права Российской академии наук, Москва, Россия, Джамбулат Хамидович Сайдумов ,   Чеченский государственный педагогический университет, Грозный, Россия,   Чеченский государственный университет им. А. А. Кадырова, Грозный, Россия
Published: December 2024

The modern legal environment is focused on the high need for multifaceted legal creativity, which is so necessary in the conditions of an intensively developing society. The development of society (especially in continuous contact interaction of its members) is inevitably associated with its needs, which give rise to obligations. Objectively, this is due to the development of this type of legal activity in the socio-legal society. At the same time, an inextricable connection between legal creativity and legal culture is clearly observed. But at the same time, the existing boundary paradigms in law do not allow to fully implement the most needed here and now philosophical and legal innovations, arising as a result of legal creativity, which cannot always withstand the pressure of boundaries. The article gives a general assessment of the issue of the need to expand the boundaries of creativity in jurisprudence. Legal culture has such specificity that it does not fully coincide with any type of culture: spiritual, political, material. But being a unique form of harmonious development of the individual, the most noticeable general social progress is achieved through it. Masterpieces of legal creativity, subsequently recognized by humanity as a global heritage, were initially created in the bosom of the national cultural environment, transforming from an idea of local significance into more voluminous substances in philosophical content and practical application. The importance of the modern Russian model of philosophical and legal thought and the history of political and legal doctrines, when the ideological confrontation between Russia and the West is aggravated, makes it necessary to intensify various searches for the correct model of philosophical and legal thought that will retain its practical relevance for many years. The article attempts to discuss which tasks, derived from the very immutable nature of law, deserve attention from the famous Russian legal scholar D. Yu. Shapsugov. Analyzing the current legal reality, he, in the "Iering" manner, acts as a harbinger of the emergence of something new in jurisprudence. Indifference to jurisprudence as such underlies his deep reasoning. Going beyond the boundaries of positivistic views. Legal reality should be successfully formed under the influence of various ideas. Each subsequent era of the evolution of law and legal science sees and positions itself within the boundaries of its legal and psychological society, its fundamental concepts and normative culture of the necessary or obligatory legal order. And therefore the emergence of new ideas that turn into teachings is a natural process. The positivist version of understanding law by the first quarter of the 21st century has apparently exhausted its analytical resource and needs new approaches. It is these approaches with deep academicism that we observe in the works on the philosophy of law of D. Yu. Shapsugov and a number of other colleagues who work tirelessly in this vein.