Theoretical and Methodological Aspects of the Genesis of Legal Misconduct in the Neuroethical Dimension

Abstract

The article presents an analysis of the origins and development of legal misconduct from a historical perspective within the framework of legal studies. The relevance of the study is determined by modern conflicts in society, the cause of which is legal misconduct in law. It is important for a person in the new society to understand how to resolve conflicts on the basis of law. The main purpose of the article is to consider the features of neuroethics as a new scientific discipline, which claims to be not only a form of applied ethics, but also an apology of morality within the framework of a naturalistic paradigm based on new data from neurobiology and cognitive science, which determines the main content of the genesis of the legal aspect. The article explored the evolution of scientific research on the problem of legal formation in the postmodern worldview. It is established that the importance of legal culture in society is due to the practical value for the establishment of justice, equality, and human dignity. Legal science is the object of study of historical figures in different historical periods. In the postmodern era in the life of society legal misconduct is the cause of many conflicts. The article examines legal knowledge as an aspect of neuroethical formation in historical retrospect. The concept of neuroethics, formed from neurophysiology, which influences self-awareness and the formation of morality of will in the context of the formation of political and legal relations, is defined. Scientific and methodological basis of the study are the conclusions of Ukrainian and foreign researchers in the field of law and legal responsibility. On the basis of scientific works the tasks of the study and the goals that form the main theoretical and methodological approaches of this study are defined. Theoretical and methodological approaches formed the results of the study, in particular the genesis of the formation of legal misconduct in the law. Methods of synthesis, analysis, descriptive and historical method were used for effective research. The method of generalisation was used to determine the main results of the study.