Vojtenko D. Historical Development of Substantiation Conceptions in Logic and Philosophe of Law (from Antiquity to the Beginning of XIX Century).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U000203

Applicant for

Specialization

  • 12.00.12 - Філософія права

20-12-2005

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

Thesis is the first in domestic science historical research of legal substantiation conceptions since the epoch of antiquity to the beginning of XIX century. The theoretical importance of the legal-philosophical and legal-logical analysis of the procedure of substantiation, specificity of substantiation in law in comparison with a substantiation in other sciences is shown. Definition of a substantiation as methodological procedure of search and establishing convincing (necessary and sufficient) grounda for our judgements about legally-significant events, their legal estimation and adequate decision-making, universal for the entire scope of law is offered. The main approaches to substantiation from rise of the first legal-logical theories in Antiquity (Aristotle, Cicero) to the conceptions, put forward by thinkers of XVIII - the beginning of XIX century (Leibniz, Voltaire, Bentham) are analysed. The typology of substantiation strategies - monistic, dualistic, pluralistic is established. Specificity ofapodeictical and topical (dialectical), analytical and probabilistical approaches to the problem of a substantiation in philosophy of law and practical jurisprudence is shown. Statements about paradigmatical shift in a history of methodology of a legal substantiation from analytics to topics are argued. Perspective directions of further research of the problem of substantiation in jurisprudence are determined.

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