TRADITION AS THE BEDROCK OF NORMATIVITY: ON THE NATURE OF RUSSIAN LAW

Abstract

Today, the state increasingly turns to its own cultural and historical tradition in an attempt to find justification for normativizing ways of resolving present-day problems. Law and legal science are no exception here. However, at the moment, a holistic idea of the place of tradition, its ontological and axiological statuses in the nature of Russian law has not been formed. Purpose: to identify and describe the ontological and axiological status of the phenomenon of domestic cultural and historical tradition in the structure of legal normativity. Methods: comparative legal analysis, synthesis, hermeneutical procedure, generalization and abstraction. Results: the ontological status of the tradition in the structure of Russian law is characterized as a determinant of legitimation, interpretation and social stability of norms. The axiological status is defined as orientation. It manifests itself in the justification of the equivalent values system in Russian law, institutional transmission of values and interpretation of the legal text. Prospects: as promising directions for further research, the selection and approbation of a methodology for integrating domestic cultural and historical tradition into modern legal theory are identified.