Levytska O. Truth in the Law: an epistemological measure

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U000616

Applicant for

Specialization

  • 12.00.12 - Філософія права

05-03-2019

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

In the dissertation, for the first time in the domestic legal science, the components of the methodology of finding the truth in the law are investigated: ordological, existential, transcendental; the existence of a culturological and legal methodology for the knowledge of truth in positive law is proved; the effect of the ethical-legal methodology in human deontological life activity is described and the epistemology of truth in the law is substantiated by means of existential, transcendental and virtue. The natural rule of the human`s cognition the truth in deontological life is dialectics, as the art of polemics. The laws of the human`s mind contain propaedeutic principles. Thanks to the dialectical forms of thinking, man first succeeds in the study of facts, their analysis, which only tore the path to the possible truth. Due to the logic, the analysis is limited to plausible conditions conclusions. Logical correctness of the conclusion is not identical to the truth of the conclusion. It is necessary to find the falsity of the initial statements that exist alongside. Then the truth establishes the existential dialectic, which is associated with natural processes. Existential dialectics, as knowledge of the truth, builds those dialectical constructions that are necessary for everyday life of man. The dissertation has great practical importance for solving the problems of the constitutional state within the limits of philosophical and theoretical-legal sciences.

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