Shchadylo O. Axiology of the phenomenon of freedom in transformational societies

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100156

Applicant for

Specialization

  • 12.00.12 - Філософія права

23-12-2020

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

In the dissertation the complex philosophical and legal study of the axiology of the phenomenon of freedom in transformational societies is carried out. The dissertation is a complex theoretical study of freedom as a philosophical and legal category of law, and the substantiation of nature, the essence of this category and the manifestation of its value-legal aspect have been made. The methodological basis of the dissertation research is substantiated, certain methods, principles and approaches of scientific knowledge, which were used for the disclosure of the topic, were determined. The periodization of philosophical and legal representations of freedom is carried out; The value of freedom in the law is clarified through the prism of basic legal doctrines. The theoretical positions have been improved, a new solution to the scientific problem concerning the definition of the content characteristic of the category "freedom" in the natural-legal and positive aspects is presented. The author's definition of the category "freedom in law" is offered and the main values aspects of freedom in the legal sphere are outlined. The definition of the functional purpose of freedom and the position concerning its classification by means of the separation of general social and legal functions are substantiated. The concept of freedom in state-building and law-making traditions is analyzed. The boundaries and forms of freedom in the states of the western and eastern types are determined. The author analyzes freedom as a typological feature of the evolution of state and law. Theoretical-legal provisions, conclusions and proposals are a theoretical basis for taking into account the basic characteristics of the value of freedom in the process of legal regulation of social relations; ensuring the accurate and correct application of the law, taking into account the value of freedom of the individual in the system of elements of legal status.

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