Syvulia T. Scientific understanding of the problems of the essence of law and the formation of legal understanding.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100066

Applicant for

Specialization

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

04-05-2023

Specialized Academic Board

Д 20.149.01

Higher education institution "King Daniel University"

Essay

Presenting the chosen topic of the scientific work and justifying the relevance of the study of the problem defined by it - the "eternal question" of jurisprudence, it should be stated first of all that it is about clarifying the essence of the understanding of law, on the basis of the general theoretical and philosophical-legal solution of which the processes of legal understanding are formed. Since, according to generally accepted scientific recognition, law is a holistic phenomenon, independent of the interpretation and implementation of values, it is one of the oldest and still the most effective regulators of social relations, a rather powerful tool for ensuring their orderliness, without which the functioning of all institutions of society, the normal and productive life of each person and society in general. This defines the main purpose of law, but this does not exhaust its mission as a phenomenal phenomenon, as an exceptional good (according to I. Kant) given to humanity by the Almighty. It was on these principles that the goal of the conducted research was based, for the achievement of which ten specific tasks were set, which were reflected in the structure of the work and in the presentation of its main content, which is summarized in conceptual conclusions, law-enforceable proposals for improvements or further justifications of the possibilities of the scientific approach to interpretation and understanding the processes of legal understanding as a complex and multifaceted anthropological legal phenomenon, which is exactly how it should be considered in the context of the conducted research. On the basis of analytical study, critical reflection, conceptual generalization of ideas and theoretical-applied provisions set forth in numerous processed source materials, mainly publications (of various types) by Ukrainian and well-known foreign scientists, it was established and confirmed that for an objective theoretical-pragmatic characterization of universally recognized and the most thoroughly researched modern concepts of legal understanding should be based primarily on the general theoretical and philosophical-legal interpretation of the essence of law as a phenomenal social-legal phenomenon.

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