Fast O. Contribution of medieval legal thought to the formation of the rule of law concept.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003815

Applicant for

Specialization

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

26-09-2019

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The research deals with the study of the influence of medieval legal thought on the formation of the concept of the rule of law. It analyzes and generalizes the basic scientific approaches to determining the nature of the rule of law phenomenon, identifies its most defining and universal features. The author's definition of the rule of law as the power of a legitimate law in the state and society is proposed. Attention is paid to the study of the concept of "Middle Ages" as an important stage in European legal history. The characteristic features of medieval legal understanding as well as theoretical ideas about the state and law are established. The dialectical connection between the heirs and the modern concept of the rule of law is investigated. A comparative analysis of the medieval understanding of the fundamental rights and obligations of the subject of law and the modern doctrine of fundamental human rights is carried out. The existence and the nature of the evolutionary dialectical connection between the legal ideas of the New Age, which form the basis of the concept of the rule of law, and medieval legal teachings, legal culture and legal practice are justified.

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