The system of the structure of law cognition in the mogern russian theory of law and its role in society
| Autor | Elena V. Ponomarenko |
| Cargo | University of Tyumen |
| Páginas | 285-311 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
285
THE SYSTEM OF THE STRUCTURE OF LAW COGNITION IN
THE MOGERN RUSSIAN THEORY OF LAW AND ITS ROLE IN
SOCIETY
Elena V. Ponomarenko1
Abstract: the urgency of the issue
consists in studying the concept of law
cognition and its structuring. The
purpose of this article is to develop the
concept and structure of legal
knowledge. The leading approaches used
in the study are: deduction, which
assumes that law cognition is the result
of mental processing of legal
information, as well as induction, which
creates the structure of legal knowledge,
its constituent elements being legal
intelligence, intellectual and legal will,
and law-cognition interest. The result of
the study is the development of the terms
and the basic properties of legal
knowledge, legal intelligence,
intellectual and legal will, and law-
cognition interest. The materials of the
article can be useful for professional
lawyers, scholars and academics, for
their law-cognition activity and the
formation of legal awareness.
1 University of Tyumen; e-mail: Ponomarenko_e1967mail.ru.
Keywords: legal knowledge, law-
cognition structure, legal empiricism,
legal intelligence, intellectual and legal
will, law-cognition interest.
Goal. To develop the concept of
law cognition as mental processing of
legal information. To develop the
structure of the elements of law
cognition for the formation of legal
consciousness - legal intelligence,
intellectual and legal will, and law-
cognition interest.
Methods. The author used the
general philosophical methods, namely,
the materialist dialectic, the method of
ascent from the abstract to the concrete.
To develop the concept of legal
knowledge, the author uses the method
of materialistic dialectics, the method of
ascent from the abstract to the concrete.
The method of materialistic dialectics
made it possible to draw the necessary
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
286
conclusion, to arrive at logical
generalizations and the creation of the
concept of legal cognition as mental
thought operations of processing legal
information. The method of ascent from
the abstract to the concrete helped the
author to reveal the structural elements
of law cognition - legal intelligence,
intellectual and legal will, law-cognition
interest.
General scientific research
methods - analysis and synthesis,
deduction and induction, the system-
structural, historical, and sociological
methods influenced the necessary
constructions, generalizations and
conclusions in the article. Analysis
makes it possible to prove that law
cognition is necessary for the formation
of a person's legal consciousness.
Synthesis substantiates the concept of
law cognition as mental operations for
the processing of legal information.
Deduction helps to structure legal
knowledge, to reveal such elements as
legal intelligence, intellectual and legal
will, and law-cognition interest.
Induction contributes to the study of
legal intelligence directly, the
intellectual and legal will and law-
cognition interest.
Results and discussion. The
boundaries of the process of cognition of
social reality are outlined by the law-
cognition interests of the person. They
define, firstly, active
participation in the legal system, the
structures of legal life; secondly, the
attitude towards assimilation
and cognition of legal norms; thirdly, the
estimates of legal reality (Danilyan,
2005; Radburkh, 2004, p.p. 4-46;
Ikonnikova & Lyashenko, 2010, p.p.
285-297; Mikhalkin, N.V. & Mikhalkin,
A.N., 2011, p.p. 4-393; Baburin, et al.,
2011, p.p. 3-163).
The existence of an exact concept
of law cognition is difficult to assert,
since it is formed by the legal
community. It is necessary to identify the
most pronounced features: 1) law
cognition is associated with the interests
and needs of an individual; 2) law
cognition involves the active
participation of a person in the legal
system; 3) in the process of legal
knowledge, the knowledge a nd
assimilation of legal norms and
assessment of legal reality take place.
The object of law cognition the
measure of what is permitted and an
incentive motive are the needs and
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