Zykov D.V. The Central Aporia of Positive Law Philosophy: “Punctum Archimedis”
DOI: https://doi.org/10.15688/lc.jvolsu.2025.4.3
Dmitry V. Zykov, Candidate of Juridical Sciences, Associate Professor, Department of Constitutional and Municipal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062, Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-5544-5459
Introduction: the paper represents a methodological incursion into the epistemological core of legal positivism. Purpose: to prove that law enforcement is always associated with an extra-logical “leap” – an act of faith, interpretation, or recognition rooted in the normativity of consciousness. Methodology: philosophical toolkit – aporia (dead end), based on the dualism of “is” and “ought” and “Hume’s Guillotine”. Results: the fundamental impossibility of building a closed, self-sufficient theory of law on purely factual grounds is revealed. Conclusions: positivism appears not as scientific rigor, but as a form of ontological naivety that ignores the transcendental conditions of the very possibility of law. The work outlines the contours of a post-positivist “legal ecology” that accepts the hybrid nature of legal knowledge.
Key words: philosophy of law, legal positivism, Hume’s Guillotine, is and ought, aporia of law, normativity of consciousness, legitimacy, legal ontology, interpretation, legal zombies.
Citation. Zykov D.V. The Central Aporia of Positive Law Philosophy: “Punctum Archimedis”. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 4, pp. 20-26. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.4.3
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