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Scientific-theoretical or practical analysis of law as if by itself presupposes the research isolation of law as of a self-dependent system, since each phenomenon, to be determined as a research target, is singled out and dissociated from the other ones. Therefore, the positivistic tradition of law and its criticism, rather often referred to in discussions and related to the interpretation of law as of a closed system of written law, have the same starting point, i.e. they originate from the same “law as law” approach. The approach suits the elaborate analysis in law institutes, though from the methodological point of view, this does not serve the purpose while seeking for the sociability of law and examining its “live” effect and presence in the society. This purpose requires a completely different approach than “law as law” (as such), but law as a part of society. The idea itself of such an approach though is rather old and in law studies is even ‘integrated’ by a separate field of research called “sociology of law,” legal-scientific analysis systemically revealing the aspects of the sociality of law is rather inconsiderable. It should be noted though that sociality in law (law sociality) has a weighty foundation in law studies in Lithuania. (Neither Petras Leonas nor Mykolas Romeris managed without touching upon the aspects of sociality in law in their discussions on law). By making an appeal to the “external” or sociological-methodological point of view, this article deals with the aspects of law sociality and the essence of law as a social phenomenon. The first part of the article presents the aspects of law and social background as well as the link with its one of the most essential and significant illustrations for law—internormality. The second part of the article analyses the influence of law. The use of this term seeks to illustrate both the impact of law itself and the impact by law. The article concludes that 1) the knowability of law is indissociable from the cognition of humanity and specific society; the law, just as legislators or law users, is a reflection and an aftermath of the evolution and culture of a separate society and humanity; 2) assessment of law, directions and research of its influence cannot be dissociated from the research of common structural and social regularities of a specific society having their expression in law; 3) universal cognition of lawmaking and law application requires “external”-sociological point of view which enables to treat the law as a diversely influenced social phenomenon and not as a closed system of norms.
- Straipsniai / Articles