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Philosophy and Branches of Law: Issues of Convergence

Using historical materials, the author demonstrates that the persistent and acute interest of philosophers to law has turned spurred the emergence of a legal outlook, and then a universal basis ensuring both sustainability and the dynamic development of legal thinking. Further, it is shown that understanding the origin of the legal thought is present mainly at the general theoretical level, while in specific branches of law, the opposite is observed. They lack a request for philosophical knowledge. It is specifically exemplified that the theories of branches of law feature a widespread tendency to avoid or reject philosophical experience. Exploring the gap between philosophical and legal thought, the author reveals that the relations between them are driven by rational, irrational and mega-irrational factors. The core source of these factors is positivism as a worldview, which, as early as in the 19th century, was chosen as a key approach to the learning of law and since then has not been critically viewed in the branches of law. The author reveals errors and costs of positivism, the core idea of which lies in the rejection of philosophy as a source of knowledge and in asserting the self-sufficiency of industry experience. In order to shape the philosophy of the branches of law, the researcher proposes to focus on a human being and look for a source of inspiration in him/her to address philosophical issues.