Distribution dialectical approach to legal reasoning proves an accomplished fact about the weakening of the legal-positivist perception in the generally accepted doctrine of the right in favor of the natural-law concept of legal understanding. In this connection, we consider the philosophical and legal theories of subjectivism, irrationalism and voluntarist liberalism, which discloses the essential content of legal argumentation in modern law.
philosophy of law
The article states that a purely positivist understanding of crime is insufficient for its
comprehensive study, and the study of this phenomenon must go beyond the right to the sociophilosophical
level. Crime as a social phenomenon has been analyzed. The correlation between the
development of law and the evolution of criminal behavior is emphasized; the mutual influence of these
processes is substantiated. The role of free will of the person in choosing the model of behavior is
The multidimensionality of the research process as a whole, expressed in the presence of many directions or lines in the research of that or other phenomenon of reality. These lines are part of the totality of creative process, is one that is carried out, among other things, by analyzing the system of knowledge that exists in a particular field of science.
The article of the positions of the various schools of philosophy examines the philosophical and legal category of "personality", the main approaches to the definitive abovementioned issues and highlights their main content. The author deals with defining in detail three aspects of human existence: matter, social cohesion and human personality and proved that the views of most philosophers on this issue coincide.
The article from the standpoint of modern knowledge and science, modern positive excellence in legal practice are investigated and compared natural and legal framework of law and custom.
Following the adoption of Brest Church Union in 1596, which was to unite the Orthodox and Catholic churches in Ukraine began ideological and religious struggle, which found its 237 expression in the polemical literature. Raising current at the time the religious question, Ukrainian panellists gave them social and legal meaning. To address these issues leading Ukrainian thinkers turned to philosophy and the history of their people. One of the main institutions where developed polemical literature was Ostrog Academy.
The article analyzes the main legal and anthropological determinants of the genesis of law. The views of thinkers and scholars on this subject are analyzed and summarized. The place of justice, legal values, legal mentality, legal ideas and cultural conditions for the formation of law are defined.
In the article the understanding of corporate culture is an important element of the legal system of Ukraine, as of the legal values that correspond to the level of judicial advancement achieved by the community and reflect in the legal form the degree of the fundamental rights and freedoms in Ukraine.