Law as an «Ontological Abstraction of Order» (In the Context of S. S. Alexeev and M. K. Mamardashvili Writings)

Abstract

The authors analyze the texts of prominent figures in legal science – S. S. Alekseev – and in philosophical thought – M. K. Mamardashvili. An attempt is made to identify possible points of intersection in the study of the social regulation peculiarities. The subject matter is a specific statement by S. S. Alekseev, in which, referring to M. K. Mamardashvili, he proposes to consider law as an «ontological abstraction of order». Taking into account the differences in the methods used by legal science and philosophy, the authors of the research consistently pose and solve three questions, translating them first into philosophy (quoting M. K. Mamardashvili), and then into the law (quoting S. S. Alekseev). Firstly, what does «ontological abstraction of order» mean? Secondly, what does abstraction mean in the «ontological abstraction of order»? Thirdly, what is «self-reproducible order» in relation to «ontological abstraction of order»?

The paper concludes that an integrated approach to the development of legal reality makes it possible to consider the scientific problem of law as a normative system from different angles. This expands the understanding of the subject of research itself, makes it deeper, and also allows shedding light on some aspects of S. S. Alekseev and M. K. Mamardashvili writings.