Savenko V. The law in the structure of legal reality: philosophical and legal analysis

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0517U001024

Applicant for

Specialization

  • 12.00.12 - Філософія права

26-12-2017

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

The thesis presents a first attempt at a comprehensive study of law in the structure of legal reality. The thesis is determined that the law reflects the reality of the legal structure of the company as a platform for the implementation of legal reality. If we start from the idea that the right is the founder of the legal reality that the society is the basis of the origin of the right to a social norm. Therefore, it is advisable to state that the sense of justice is sure to involve the law because: firstly, legal – categorical condition of legality; secondly, the law affects the formation of justice. Thus, epistemology legal reality underscores the importance of legal codes, as the objective criteria for its axiological dimension. In the end, it was the importance of stepping up legal codes in social being, and reflected the law in the structure of legal reality. In domestic philosophical and legal science the research the nature and specificity of philosophical and legal appro ach to the study of law in place of the legal structure of reality. Understanding the essence of the phenomenon of law in the legal reality of deepening awareness of the fact that the law is linked to the existence of a number of laws that have a significant impact on the existential dynamic space in public life. Proved that the conception of the relationship of law and legal reality, there is an explicit link of law from the moment of their appearance, but this multidirectional social phenomenon. Right in its objective precedes the advent of legal law, as some product of human creativity, original volitional act of legislature. Through external binding forced one of the main features of the legal rules and the possible implementation of the essence of law. The law generally favor regulatory element of law and should include all the features and properties of law, and personalized, and in a wide reality. The law, which is the first act of the legislator, despite its effectiveness as a form of lawmaking, is es sentially a subjective expression rights. Therefore, in our view the law as a single concept implemented in the structure of legal reality through judgments, concepts in specific cases or cases. Thus, by its very nature law terminology is not able to resolve all socially necessary situations which arise or may arise in societies. Proved that the problem of the structure of legal reality generally treated in two ways: first, within the social life benefits over public opinion containing forms of justice and law, all legal and other legal effects and phenomena; Secondly, within objection is ideological dimension of law, treating them merely as a social compulsion high. This makes it possible to figure out the probability of the existence of the law in reality, despite the fact that they generated sense of justice that confirms the thesis according to which the law still is one of the structural elements of reality, not just legal, but legal existence.

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