Musilovskyi I. The influence of religious principles on state and legal phenomena in Ukraine (based on the theological theory of Thomas Aquinas).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102536

Applicant for

Specialization

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

14-05-2021

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

The thesis duly argues that the consideration of the impact of state and legal phenomena on modern Ukrainian society requires taking into account a range of new methodological approaches that take into account the impact of religious principles, leading to qualitative changes in the legal system of the state. These principles are fundamental because of their historical conditionality and influence on the formation of national and cultural identity. The author of thesis proves that the methodological principles of cooperation between religion and the state, formulated in the theological theory of Thomas Aquinas, that is the complementarity of divine, natural and human sources of law, can positively affect the theoretical rationale for the transformation of Ukraine legal system, which must be carried out taking into account the prevailing ideological and methodological pluralism. The use of the specifics of religious concepts of the origin of the state and law, state formation and law-making in the development of integrative jurisprudence will provide the theory of law with a social orientation and will overcome the current law of understanding, limited by Western legal tradition; determine the possibility of establishing a new understanding of law on the basis of a pragmatic approach, practical feasibility, which should take into account the entire system of social factors that determine the law, including religious and legal traditions.

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