Chernykh E. Objective and equitable law: theoretical and legal aspects of correlation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U003422

Applicant for

Specialization

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

26-06-2008

Specialized Academic Board

Д 26.007.04

National Academy of Internal Affairs

Essay

In the dissertation the complex analysis of objective and equitable law concepts in theoretical and legal correlation is carried out. It is proven that the concepts "objective" and "subjective" transferred to the derivative concepts of objective and equitable law are obviously simplified, but partly preserve their philosophical meaning. The limited nature and conventionality of objective and equitable law concepts are established. The structure of their characteristics is complemented and complex generalization at the three levels is determined. It is established that on the whole the objective and equitable law should be correlated on the parities origin to eliminate a causal conditionality and to assert a correlative interaction between them. Priority between them is possible only in separate cognitive prospects. It is suggested that axiological development of objective and equitable law be represented in the following forms: 1) superpersonal values-ideals, in-incarnate values, personal values; 2) own value; 3) instrumental value.

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