Published: Nov 30, 2022

  Olga Ivanchenko


The subject of research is social relations in the field of legitimacy of positive law in the modern state. Methodology. The methodological basis of the study is the methods of induction and deduction, dialectical-materialistic method, method of analysis and synthesis, historical method, which allowed to objectively comprehend the content and essence of the issues under study. The purpose of the article is a theoretical and legal study of the legitimacy of law as its justification and recognition. The results of the study are: the legitimacy of law from the point of view of the theory of communicative rationality is investigated; the historical and theoretical process of development of interaction between subjects and the process of recognition, legitimation of norms in society as a social evolution is investigated; the development of the ideas of legitimacy and moral consciousness in the modern legal order is investigated; the tendencies of legitimization of positive law in the modern state on the basis of morality are determined; the peculiarities of ensuring the legitimacy of power through the legitimacy of law are highlighted. Conclusions. Law and modern morality stem from traditional relations, and they are interconnected. Legal norms are not just orders, they are fulfilled not only out of fear of coercion, but also out of respect for the law. However, for this, the legal order must be legitimate, enjoy the authority of citizens, and this is possible only if the positive law does not contradict the moral norms shared by a given society. The legitimacy of law lies, first of all, in the development of the legal basis of state and social life. But the meaning of the legitimacy of law in a society that calls itself democratic is seen not in the mere fact of existence and strict implementation of even legally perfect legislation, but in the extent to which it comprehensively embodies universally recognized humanistic goals, ideals, and values. Among them are the recognition of the people as the exclusive source of power and law, the rule of law, separation of powers, inadmissibility of usurpation and unlimited power, equality of all before the law and the court, inviolability of justice, etc. Of course, it is about fundamental human rights and freedoms with the legislative consolidation of the state's obligations to ensure and protect them. The legitimacy of law is the idea, requirement and system of real expression of law in the laws of the state, in lawmaking itself, in subordinate lawmaking with the steady recognition and perception by the population of the state.

How to Cite

Ivanchenko, O. (2022). LEGITIMACY OF LAW AS ITS JUSTIFICATION AND RECOGNITION. Baltic Journal of Economic Studies, 8(4), 77-83. https://doi.org/10.30525/2256-0742/2022-8-4-77-83
Article views: 301 | PDF Downloads: 176



legitimacy of law, legitimation, legality, theory of law, legal nature, legal norms, lawmaking, state, human rights, positive law, morality


Apel, K.-O. (1998). Towards a Transformation of Philosophy. Marquette Studies in Philosophy. Milwaukee: Marquette University Press.

Berger, J. (1998). The Legitimation and delegitimation of Power and Prestige Orders. American Sociological Review, vol. 63 № 3, pp. 379–405.

Durkheim Émile (1982). Rules of Sociological Method and Selected Texts on Sociology and its Method, edited by S. Lukes, translated by W. D. Halls. New York: The Free Press.

Habermas, J. (1995). Reconciliation through the Public Use of Reason: Remarks on John Rawls's Political Liberalism. Journal of Philosophy, vol. 92(3), pp. 109−31.

Horkheimer, M. (1985). Vorträge und Aufzeichnungen 1949−1973; Soziologisches, Universität und Studium.

Kant, I. (1996). Theoretical Philosophy: 1755–1770, Cambridge University Press.

Kelsen, G. (2004). Pure legal awareness. Kyiv: Yunivers.

Kozlov, S. V. (2014). On the conceptual analysis of the concept of "legitimacy". Vestnik TVSU. The Philosophy Series, vol. 1, pp. 26–34.

Mead, G. (1934). Mind Self and Society from the Standpoint of a Social Behaviorist (Edited by Charles W. Morris). Chicago: University of Chicago.

Mishchenko, A. B. (2010). Trust as a component of legitimation of power in the conditions of modern democracy (abstract of the PhD Thesis). Kyiv.

Nevidomiy, V. (2011). Self-organization of legal reality that legitimacy of the basic law: monograph. Kyiv.

Novachenko, T. V. (2016). The Authority of the manager as a type of legitimacy of power. Bulletin of the NAGU under the president of Ukraine. The series "Political Sciences", vol. 2, pp. 62–67.

Weber M. (1998). Sociology: historical analysis, politics. Kyiv: Osnovi.

Yuriychuk, E. P. (2010). Electoral legitimacy and legitimation of power: terminological aspects. Actual problems of politics: a collection of scientific papers. Odessa: Feniks Publ.

Wittgenstein, L. (2022). Private Notebooks: 1914-1916 (edited and translated by Marjorie Perloff), New York: Liveright Publishing Corporation.

Zadykhaylo, D. D. (2007). Systemic legal values as a guarantee of executive power efficiency. State Construction and local self-government, vol. 14, pp. 158–166.

Zykova, S. V. (2013). Actual problems of legal theory of the state. Unity-Dana: zakon i pravo.