Samokhvalov V. Legality and justice: theoretical legal problems of relationship and interaction.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U005286

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

28-12-2006

Specialized Academic Board

Д 26.867.01

Essay

The thesis gives complex analysis of theoretical methodological and conceptual approaches to the relationship between legality and justice. Historical legal aspect of the ideas of interconditionality and interdependency of legality and justice is analyzed based on the works of ancient, middle-age and renaissance scientists, German philosophers and XX century scientists. Methodological problems are highlighted which consist in determining the concept, sphere and aspect of legality manifestation, distinguishing between principles and requirements of legality which characterize optimal directions of research not only in the field of legality but also its relations to justice. Comprehensive analysis of relationship between legality and justice in the field of legal practice is carried out by determining interaction of morality, justice and legality in the process of legal influence on society, their interdependence in the field of legal realization and characteristics of principles and requirements of legality in legal practice.

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