Kryivtsova I. Methodological role of synergetics in comparatively-legal cognition

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U003644

Applicant for

Specialization

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

11-07-2008

Specialized Academic Board

Д 41.0846.01

Essay

Conceptual basis of application of synergetics in comparative and legal cognition is developed in the dissertation. The knowledge of the subject matter of comparative jurisprudence in the light of synergetics ideas has been revised and can be enriched with regards to both the constructive role of chance and the new type of conformity with the law – conformity with the law of evolution and selforganization of legal systems. The offered concept of synergetics of legal system contains, in particular, the position that the legal system is a complex of selforganized orders which act in the concerted co-operation under the influence of the system determinant – legal conscience, able to provide coherence of selforganizational processes and “algorithm” of the legal system selfdevelopment in general. The legal system selfdevelopment assumes the “update” in the form of the change of double order, from one side, state transition which allows the system to evolve within the framework of “the basic channel of evolution”, conditioned by law type, while from the other side, the change of model quality of the system, caused by impossibility of the legal system to develop within the limits of the former law type due to the accumulation of contrasting differences in the legal system, which form a new configuration of motion, that promotes functioning of a special state of the legal system – “transitional type”.

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