To the Question of the Peculiarities of Modern Domestic Integrative Approaches to Law in the Conditions of Building a Legal State
Authors:   North Caucasian Branch, Russian State University of Justice, Krasnodar, Russian Federation, Gusarova Marina A. 
Published: November 2024

Introduction. Currently, in the theory and philosophy of law, discussions continue about such an approach to law that would meet the challenges of our time. The special interest of the scientific community and practitioners is riveted to the integrative legal understanding and its methodological possibilities in the conditions of building the rule of law. Theoretical Basis. Methods. The purpose of this work is to analyze the most popular original domestic concepts of legal understanding and evaluate their scientific potential in solving the most pressing theoretical and practical problems of modern Russian society and the state. To achieve this goal, a conditional periodization of the formation of an integrative approach to law is carried out and factors-catalysts of its dynamics are identified; the features of modern domestic concepts of integrative legal understanding (phenomenological-communicative, dialogic, the concept of scientifically based integrative legal understanding) are revealed from the point of view of the possibility of building a universal concept of law and increasing the efficiency of the legal system. There were methods of analysis and synthesis of legal ideas and teachings of the past and present, comparative analysis of modern concepts of integrative legal understanding, the method of induction and deduction, and the method of system analysis used. Results. Each of the three conditional periods of the formation of integrative legal understanding was due to objective integration processes in science, as well as socio-cultural conditions of development, recognizable in a change in the scientific style of thinking (movement from classical to post-classical type of rationality). The discursiveness of the processes taking place in modern legal science, expressed in the search for various concepts of legal understanding, speaks of the viability of legal science and the living process of becoming appropriate type of legal understanding to the current realities. The most popular in domestic jurisprudence – phenomenological-communicative and dialogic approaches open any of the aspects of law as a phenomenon of spiritual life and in their own way correspond to the principles of post-classical science, but remain philosophical and legal doctrines, abstracted from specific legal realities. The concept of scientifically based integrative legal understanding, being essentially a theory of the middle level, has the potential not only to solve one of the key issues of legal science, but is able to streamline the legal thinking of modern lawyers and become a vector in increasing the level of efficiency of law as a system. Discussion and Conclusion. The process of legal understanding is directly conditioned by a complex of factors, among which are the leading type of scientific rationality, the political and legal situation in the state, the possibilities and accumulated experience of legal science in general. Appearing more than a century ago in a single quantity, going against the majority of established approaches, an integrative approach to law is gradually becoming a feature of modern theory and philosophy of law. Some of the concepts, explaining the essence of law as a sociocultural phenomenon, remain in the field of philosophy of law. For other concepts, an important task is to use the potential of all socio-humanitarian studies to solve the main problems of legal science and practice. The concept of scientifically based integrative legal understanding in line with the metamodernist paradigm seeks not only to construct a definition of law from the point of view of its consistency, internal unity and consistency, but clearly articulates legal and non-legal phenomena and regulators, which contributes to streamlining legal thinking and correlates with the practical tasks of the modern Russian state.