Guralenko N. Judical precedent in a system of legislative sources: philosophical and legal aspects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0410U001207

Applicant for

Specialization

  • 12.00.12 - Філософія права

22-01-2010

Specialized Academic Board

Д 35.725.02

Essay

Тhe judicial precedent as a philosophical and legal category is investigated for the first time due to its role value in the system of sources in the domestic legislature through a prism of ontological, gnoseological, axiological and anthropological measurements. It is outlined that theoretical problems of methodological approaches in researches dedicated to the judicial precedent (as a source of the national right) is very important; the fundamental methodological and conceptual approaches to understanding the category "a legislative source" is opened on the bases of its retrospective analysis; the functional role of judicial precedent in a context of current legislature formation is analyzed from the axiological and gnoseological positions.

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