Tsymbaliuk M. Ontological Basis of Legal Consciousness Theory

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0509U000464

Applicant for

Specialization

  • 12.00.12 - Філософія права

26-06-2009

Specialized Academic Board

Д 26.007.01

National Academy of Internal Affairs

Essay

In the dissertation it was made an investigation of content, structure, functions, formation mechanisms and dynamics of the legal consciousness phenomenon in the context of post-classical paradigm of legal understanding. It is offered an author's vision of theoretical conceptualizations in the field of legal ontology and integral approaches to forms of being research and legal comprehension. Correspondingly, in the work it was developed a variant of construction of complex legal consciousness theory, that was synthesized on the basis of integrative conception of legal reality, which combines social-ontological, anthropological and axiological-communicative being factors of legal membership. There are revealed and systematized the principal mechanisms of ontological influence, from one side, on formation of normative values and conceptual orienting points of law (either on social or on personal level of legal consciousness), and, from other side - on nature, ways and effectiveness of their realization in the social relations system. Therewith, it is proved a practical significance of such approach to law and legal understanding in terms of consolidation of legal basis priority in human being organization. The work contains propositions and recommendations regarding improvement of legal means of democratic reforms stimulation either in the sphere of social-economic and political basis of society life or in the field of civil legal consciousness.

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