Dziubak S. Implementation of functionality in the main types of legal thinking.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U005033

Applicant for

Specialization

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

29-11-2019

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

Complex theoretical and legal analysis of features of functionality embodiment in the basic types of legal understanding is made in the thesis. The author investigates the correlation between the legal nature of functions and functionality in modern legal science; the understanding of the essence and content of functionality in the theory of natural and positive law, in the theory of normativism, in historical, sociological, psychological, Marxist (class) and integrative theory of law; the peculiarities of understanding of functionality in contemporary Ukrainian and European legal doctrine, in international and European law; the process of convergence and divergence of Ukrainian and European understanding of functionality in the context of Ukraine's association with the EU. The basic methodological approaches to understanding the functionality in legal science are substantiated. Based on the research, a conceptually new approach to understanding the functionality in the main types of legal thinking, namely: natural law theories; the positivist theory of law; theories of normativism; the historical theory of law; sociological theory of law; psychological theory of law; Marxist (class) theory of law; an integrative approach to understanding law, is formulated, The author's definition of understanding of functionality in the positivist theory of law is proposed.

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