SDudchenko V. Tradition of legal pluralism: western and eastern interpretation

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0507U000457

Applicant for

Specialization

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

02-07-2007

Specialized Academic Board

Д 41.0846.01

Essay

The author considers the tradition of pluralism in law on the basis of differnt approaches to the legal reality in the researshes of law schools of West and East. Tendencies of origin, development and functioning of law are explored in the interpretations of natural law, positive law, historical-legal, integrative-legal schools of West. The author analyses conceptions of the "proper way", "Brahma" and "Dao" which stipulate understanding of law and its realization in legal systems of East. Domestic tradition of pluralism in law, advantages and disadvantages of each law school are also reflected in the thesis. Dudchenko V. V. grounds idealrealistic conception of law and "normative facts" which is an attempt to consider the problem of law in Ukraine from a new point of view. As a result this conception must represent more complex system of classification and description of modern law which will be based not only on the types of economic and political structure but also on philosophical, ethics, value, religious and other criteria.

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