Yuriichuk O. Legal multiculturalism: axiological dimension

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102103

Applicant for

Specialization

  • 12.00.12 - Філософія права

28-11-2020

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

In the thesis for the first time in the national legal science legal multiculturalism, its concept, typology, principles and functions in the context of philosophical and legal views were investigated. The main features of legal multiculturalism, main tendencies of development of legal cultures were explained. Scientific research on philosophical and legal vision of multiculturalism and its axiological dimension has been improved. The position on the fundamental ideas of legal multiculturalism in the context of science of the philosophy of law is developed. The existence of diverse approaches to the interpretation of multiculturalism is noted, the ratio of the concepts of multi-, poly- and multiculturalism is differentiated. It was stated that the activation of the development of the theory of multiculturalism accounts for the main socio-political and economic stages of the progress of society. On the basis of the conceptual characterization of legal multiculturalism, there is definition of the concept as a theory, which aims at recognizing the existence within the limits of a certain open social stratum of culturally distinct groups, whose actions are aimed at the preservation and development of their identity and, at the same time, observance of the principles of equality, tolerance in intercultural relations, mutual respect and human-centeredness. The role of law and social morality in the context of legal multiculturalism is analyzed. It was proved that the development of legal multiculturalism was strongly influenced by the ideological and ideological principles of Roman law in conjunction with the achievements of antiquity: the principle of cosmopolitanism highlights the interests and values ​​of man, not the state; law comprised a fairness with moral attitudes that together identified a person as a part of a new culture and an independent individual with inalienable rights and the ability to control and regulate behavior; individualism contributed to empowering a person to exercise control over her own position in society and advocating for stratification positions; multiculturalism has demonstrated the ability to combine the processes of influence and penetration of legal phenomena from one culture to another, while preserving their uniqueness Considering the types of legal cultures, their current implementation is analyzed and it is noted that today it is possible to distinguish four main factors of their development and further practical realization, in particular: 1) recognition of the importance of constant internal renewal of the traditions of legal thought; 2) the promotion of historical memory in relation to legal traditions and legal cultures; 3) approval of internal differences and understanding of the importance of penetration of legal cultures; 4) actualization of values of landmarks of legal cultures In the context of legal multiculturalism, it has been found that the problem of man and his spirituality is caused by the conception of existentialism in different epochs, therefore, for the best implementation of the philosophical and legal theory of multiculturalism, the maximal realization of human-centric ideological views is essential on the basis of a distinct, stable legal nation. Dissertation has a practical value for philosophy of right, problems of philosophy and other philosophical, theoretical and legal sciences.

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