Honcharuk A. The mechanism of legal behavior (general theoretical aspect)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U001703

Applicant for

Specialization

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

28-03-2016

Specialized Academic Board

К 26.053.18

Essay

In the dissertation investigated the phenomenon of the mechanism of legal behavior as the process of factors personal beliefs, motivation on the consciousness of the subject. Defined conditions of historiographical research of legal behavior and approach to periodization of scientific knowledge in the subject depending on the specific historical era and beliefs prevailing in society. Provided the author's approach to the concepts of "legal behavior", "legal mechanism behavior", describing the characteristics of these categories, established their place in the related concepts. Analyzed the composition, structure, mechanism under legal behavior, singled out its elements -factors, legal settings, motives and incentives. It was established that the legal behavior has communicative and symbolic purpose, which is to create a universal means of interaction within a single system of signs and symbols - law, implemented through legal behavior. Defined the role of factors of legal behavior as social reality and personal beliefs that influence on the determination of person's legal behavior, and is classified species such factors. Suggested application of the criterion of significance as evaluation category that describes the meaning and role of an objective legal impact, subjectively, legal and social factors on the development of legal behavior of individuals. Proved that the entire amount of legal behavior manifestations exist in two opposite ways - lawful and unlawful behavior that are dichotomous nature and logically related. Established that the concept of "unlawful behavior" most meets the requirements placed on the opposite term, which is antagonistic to lawful behavior. Assumptions harm criterion for public relations should be a central feature of differentiation of types of legal behavior. Grounded unreasonableness application eligibility conduct legal norms for distinguishing lawful and unlawful behaviors. Category considered law enforcement, expanded the idea of law enforcement as part of the mechanism of legal behavior. Determined that the law enforcement action on the determination of legal behavior in three areas - normative, communicative and psychological.

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