Nastavna H. Anthropological-communicative approach to the study of law: nature, content, functional purpose

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001780

Applicant for

Specialization

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

01-06-2018

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The complex scientific research of the nature and content of the anthropological-communicative methodological approach to the study of law as well as its functional purpose is conducted. The history of the origin and development of ideas about the anthropological-communicative methodological approach to the study of law is analysed. This allowed periodising its development in the following stages: the domination of world -view understanding; the domination of scientific understanding; the dominance of a narrow scientific understanding. The methodology of the integrative understanding of law is explained on the basis of the analysis of its functional capabilities, and its significance for the application of the anthropological-communicative approach to the study of law is established. The doctrinal understanding of the anthropological-communicative approach is generalized and its definition as an independent methodological approach is improved. This definition was formed within the framework of the post-modern type of scientific rationality, which synthesizes methods, techniques and means of anthropology of law and cognitive positions of the communicative theory of law.

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