Evgeny Vladimirovich Bolshakov, Alexey Alexandrovich Panov
The study aims to develop a philosophical-anthropological concept of legal conflict, interpreting it not as a pathology of the legal system, but as a constructive source for the development of legal culture and a mode of existential self-realization for the individual within the law. The article moves beyond positivist and purely sociological interpretations of law. The work uncovers the anthropological foundations of legal conflict, rooted in the fundamental duality of human existence – the inevitable tension between the “is” (Sein) and the “ought” (Sollen), as well as between formal subordination to positive law and moral claims to justice. A synthesis of Robert Alexy’s non-positivist “claim to correctness” theory and the Russian dialectical tradition is performed. Through the introduction of the category “legal impulse”, a dialectical mechanism for the cultural development of law is substantiated via the triad: “old legal order – legal conflict – legal co-creation and a new legal reality”. Conflict is interpreted as the “breath” of legal life, and its constructive form is seen as the central link in the renewal of the normative fabric of culture. The scientific novelty lies in the first-time presentation of a holistic philosophical-anthropological model in which legal conflict is revealed as an anthropologically necessary mode of human being within legal culture. The category of “legal impulse”, describing the transformation of destructive energy into a creative force, is conceptually substantiated. A specific anthropological type – “man in conflict with the law” – is introduced as the initiator of the process of legal co-creation. The results include an anthropologically grounded paradigm of legal conflictology that overcomes the limitations of normativism; a philosophical typology of destructive and constructive legal conflicts; and a substantiation of legal policy models oriented toward cultivating conflict as a resource for the self-development of law.