An Identification Potential of Legal Values in a Transitive Society

Abstract

The article examines the role of legal values in the social identification of citizens in a transitive society. Based on the analysis of the value foundations of legislation and its role in the construction of social identification, a conclusion is made about the primacy of the axiological level of legal reality over ontological ones in a transitive society. The constitutional identification of a person in these conditions is determined not by belonging to a certain nation and the implementation of the rules developed by it, but by positioning identification with the community on value grounds. Often, such identification is not so much an identification as an imitation, since it involves only articulating compliance with the rules, and not following them. Based on this, identification in a transitive society is situational and fragmented. In these conditions, the role of legislation in social identification is changing. It becomes a tool that the addressee of communication uses to broadcast to the addressee a system of values that ensure not only the identification of citizens, but also lawful behavior. At the same time, legislation, due to its instrumental features, is able to overcome transitivity and bring society to stable development and functioning.