Legal Goals and Means Manipulation: Foundations of the Theory

Abstract

Introduction. Despite the fact that manipulative technologies for influencing social relations have now become extremely widespread, the study of legal goals and means manipulation as one of the main forms of manipulative influence on social processes remains outside the scope of research by representatives of both the general theory of state and law and branch legal sciences. According to the authors, this situation indicates that modern legal science in this regard clearly lags behind the needs of legal practice and is not able to offer a reasonable solution to very pressing problems associated with the large-scale and everyday manipulative use of legal instruments. Materials and methods. The authors of the presented article actively used both general scientific and specific scientific methods, among which we can highlight dialectical, systemic, formal legal, legal modeling, structural-functional, comparative legal, etc.The results of the study. As a result of the research, the authors of the article developed the basics of the concept of legal goals and means manipulation. In particular, the work outlined the author’s vision of the essence and specifics of legal goals manipulating, and studied the features of the manipulative use of both stimulating and restrictive legal means. Special attention was paid to the analysis of the technologies of legal goals and means manipulating, carried out on the basis of specific examples.Discussion and conclusion. The work substantiates the position according to which legal goals and means manipulation is understood as a form of lawful behavior carried out with the help of implicit tactics or strategy, which consists of setting or using legal goals, as well as of creating or using legal means in the interests of the subject of management (manipulator) contrary to the true needs and interests of the object controlled (manipulated). The point of view is defended according to which the challenges and threats that Russia is currently facing necessitate the creation of a state strategy to counter goals and means manipulation.