LAWMAKING AS A PHENOMENON OF SOCIAL LAW

Abstract

The article examines the problems of lawmaking as a phenomenon of social law through the prism of philosophical and social aspects, as well as the methodology of law formation as a phenomenon. It is proved that it is thanks to the development of science and education that lawmaking develops as a process, as a tool.Also, the author analyzes legislative acts and draft legislative acts that made it possible to trace the dependence of the formation of lawmaking activity due to the development of educational and scientific law as a component of social law. According to the results of the study, the author comes to the conclusion that in the arsenal of educational and scientific potential, lawmaking will appear, modify (evolve), which ultimately appears as a sphere of intellectual product of social law, which is formed thanks to the educational and scientific social capital of a person.The author proves that law-making in the dialectical sense is precisely a phenomenon of social law, and not administrative, official, labor or civil law, because it is based on institutions and tools that implement and contribute to the acquisition of the creative abilities and culture of a person, encourage the creation of law as a social phenomenon. The social component lies in law-making throughout, as the basis and ability to produce, form law thanks to professional legal competence and abilities. The ability of a person to create law, to generate it, depends on the social capital and social capabilities of the creative worker-lawyer, as a subject of law-making.Social law as a branch of law is as capable in a methodological sense of ensuring lawmaking as a process as it is developed institutionally and methodologically. Moreover, the author proves that the state of social law depends precisely on human resources, educational and scientific capital, the culture of science and education, and this is what determines, in his opinion, the phenomenon of lawmaking in social law.