Satokhina N. Understanding in the Realization of Law: Hermeneutic Approach.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U000062

Applicant for

Specialization

  • 12.00.12 - Філософія права

21-12-2010

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis is devoted to comprehension phenomenon of understanding at the realization of law on basis of hermeneutic approach. Through investigation of the genesis of comprehension of understanding problem in the field of hermeneutic thought in general and in the field of hermeneutics of law author constructs the typology of hermeneutical conceptions, formulates main tendencies of their development and works out the program of the investigation of understanding problem in the realization of law. The main aspects of understanding phenomenon in the realization of law are analyzed. They are: the place of understanding in the dynamic structure of legal reality (understanding in the realization of law is the mode of human being towards justice that makes possible realization of law), conditions of the possibility of understanding as mode of human being in law (intersubjectivity, temporality and conflict), subject (understanding in the realization of law is comprehension of legal situation in context of tradition of law through the human personality) and criterion of understanding (justice), purpose and result of understanding (understanding in the realization of law makes possible reconciliation). The author suggests the direction of further theoretical conceptualization of problem of understanding in the realization of law and perfects the conception of realization of law.

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