Yaremko O. Contamination of Rational and Humanistic Surveys in Genesis of Punishment Institute in the Context of European Law Tradition

The thesis focuses on the complex study of the problem dealing with contamination of rational and humanistic surveys in genesis of punishment institute in European law tradition. There has been substantiated that on the different stages of society development rational and humanistic surveys in the punishment institute were mixed, compared, stated, joined and also were separated, divided and even contrasted under the influence of some factors. It has been shown that punishment institute gained a specific features depending on the domination of every survey (rational or humanistic): inquisitorial and repressive institute of punishment was being formed with superiority of ratiocentral and utilitarian survey on humanistic one, and under conditions of rational and spiritual survey the superiority inquisitorial and repressive character of this institute was minimized.