Social and Legal Studios

The article is dedicated to the reasoning of the phenomenon of legal normativity in the light of the author’s conception – the temporal ontology of law. The temporal ontology of law is the certain way of the non-classical legal thought, which concentrates itself on the Being of the legal entity (Being of law) and the legal Being – the attraction between the committed deed and its legal consequences. Author strikes, that the legal positivism or nature law school are not able to reveal the question about the roots of the legal normativity in its deepest origin. Thinking by this – classical way of thought the researchers have any possibility to clarify the ontological basis of the normativity, its mode of Being, etc. During the contemplation of the legal normativity the author stresses on the necessity to overcome the border of pure juridical vision of law towards legal-philosophical research of the named issue. As the methodological ground in the following article author uses the method of the fundamental ontology, which was elaborated by the German philosopher Martin Heidegger, which is supplemented by the philosophical constructions of the famous French philosopher Emmanuel Levinas, hermeneutical French researcher Paul Ricoeuer, contemporary British legal philosopher Oren Ben-Dor. On the basis of such philosophy becomes possible to establish the phenomenon of the normativity nor from the legislator`s will (legal positivism), nor from the ideal content of the consciousness (classical natural law), but from the common human Being with one another in the temporal gap between the committed deed and its legal consequences. To consider the phenomenon of the normativity by this way gives us a possibility to reveal the hidden structure of it, to answer on the most important question – why people have to obey the law, how it is really happened – not in the ideal dimension of the norms and rules but inside the everydayness, in the reality of our Being-with-one-another. So, in its deepest roots the normativity opens itself not as the quality of the certain entity – the norm of the law (legal positivism), or rules of moral and values (natural law) but in the structure of the human Being itself, when we encounters the other people in the legal event. Thus, author makes the conclusion, that the legal normativity is the temporal-ontological phenomenon, which primary is located not in the ideal dimension of the norms and rules, but in the social context of the common human Being in the legal event as the certain attraction between the committed deed and its legal consequences