Irrational Bases of Law: History and the Modern Time

The article analyzes the legitimation of the law in a diachronic aspect. The role of the irrational in the traditional and modern state is shown. The irrational factors of power and law have been interpreted in different ways, in different paradigms and in the works of famous legal scholars. The work indicates that the effectiveness of legal regulation is directly related to the legitimization of norms in society and the social foundations of law. The main characteristics of the state of emergency and biopolitics are revealed. The thesis about the irrational foundations of the law in the modern digital state and information society is argued. In connection with the expansion of the subject of legal regulation, the author substantiates the need for a communicative aspect in the legal procedures of national sovereignty.