Antinomical Nature of Artificial Law

2024;
: 159-164

Цитування за ДСТУ: Сливка С. (2024) Антиномічна природа штучного права. Вісник Національного університету «Львівська політехніка». Серія: "Юридичні науки". Том 11, № 2 (42), С. 159-164. 

Citation APA: Slyvka S. (2024) Antinomical Nature of Artificial Law. Bulletin of Lviv Polytechnic National University. Series: Legal Sciences. Vol. 11, No. 2 (42), Pp. 159-164. https://doi.org/10.23939/law2024.42.159

Authors:
1
Lviv Polytechnic National University, Educatinoal and Rasearch Institute of Law, Psychology and Innovative Education

Circumstances of earthly life, various vital factors that took place in society, the national state, and interstate relations require specific regulation. The creative atmosphere of a person generates a powerful set of laws. Their number is constantly growing, which requires constant attention to quality, as insoluble, insurmountable contradictions appear. Knowing these contradictions is inextricably linked with doubts.

A person does not directly confront the reality of life. Her mind cannot go beyond synergistic, invisible narratives. Therefore, she is forced to create norms and laws for every case of life (this is such an effort). Of course, all regulations begin with customs and moral traditions. These man-made norms also form the basis of man-made laws, which should ensure good relations between people, with the state, between states, etc. But we know that good can be normative and non-normative. It depends on the current morality and laws. The quality of morality and the quality of laws contribute to normative or non-normative good. What causes this phenomenon? Undoubtedly, the reason lies in the legitimate antinomian nature of artificial law.

Artificial law arises from artificial morality, from artificial ideology, politics, etc. It should be noted that the cited architectural factors of artificial law are sources of contradictory thinking in
rule-making: ontological thinking cannot accept the leap-like, inconsistent, mostly contradictory logic of deontological legal thinking. That is why it is impossible for a person to combine all deontological laws into a single artificial law due to the essence of the agreement between them. A problem arises: how to combine existing antinomies with the creation of a state. Society has its antinomies of morality, and the state also has some artificial ones - newly introduced moral norms, customs, traditions. And it is impossible to reduce these norms into one artificial law - the natural laws of conservation of energy and momentum will not work, legal reflection will not work, etc. That is, mandatory synergistic law has no place for artificial, positive law due to the presence of various kinds of antinomies. There are few ways out of this state, but one of them is the observance of ontological morality by the state; implementation of ontological, legal ideology and ontological legal policy.

Ontological morality is consistent with natural and supernatural law. This is their visible part. If there are no antinomies in natural and supernatural law, then they are also absent in ontological morality, since it is called virtue. It is necessary to find out what place virtue occupies in positive law, which is the most antinomian in nature.

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