Storozhuk D. Philosophical and legal foundations of legal progress

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003535

Applicant for

Specialization

  • 12.00.12 - Філософія права

26-06-2019

Specialized Academic Board

К 70.895.02

Khmelnytskuy university of management and law Leonid Yuzkov

Essay

The work is devoted to philosophical and legal comprehension of legal progress. It is proved that legal progress is directly related to social progress, corresponds to a certain level of social life, and adequately responds to social changes. The genesis of philosophical and legal representations about legal progress in different historical periods is researched. It was established that in various historical times the issues of progress were considered uneven. The paper notes the moments of inhibition and stagnation in the development of ideas of legal progress, due to the social, political and military situation that developed in Europe in the beginning and in the middle of the 20th century. The modern approaches to the understanding of legal progress were found, which did not find a single conceptual solution. It is established that the philosophical and legal conception of legal progress relies on the definition of the concept of “progress” and its characteristics. Legal progress is considered as a process of legal development of society and its components, characterized by an upward orientation. It is a process, and not a final result, because it does not provide for the stability, completeness of the development of law. The philosophical and legal signs of legal progress are analysed.

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