Bobrovnyk S. Compromise and conflict in law: theoretical and methodological research.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0513U000618

Applicant for

Specialization

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

29-05-2013

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The dissertation is the complex theoretical and methodological research of compromise and conflict in law through the analysis of the previous and modern doctrines concerning these phenomena, formulation of their notions, definition of their structure, types of recognition, functions and forms on practice. The thesis researches the evolution, establishment and development of scientific opinions into the categories of compromise and conflict in law in the history of legal thought, characterised the traditional and modern methods of the compromise and conflict in law research in accordance with types of legal recognition, expands the advantages of anthropological and communicative approach to the analysis of these categories. The author offers the definition of categories of compromise and conflict, legal compromise and conflict, the conflict and compromise legal relationship. Learned the interconnection of national level of compromise and conflict with legal morality and defined its spheres whereas the institutionalization of compromise and conflict in law take place. Established the level of influence and forms of these categories in lawmaking process; on the level of legal relationship, in the process of using subjective rights, the fulfilment of obligations, the observance of prohibitions and law application.

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