Syrovatskyy V. The philosophical and legal content of state coercion in temporal-spatial discourse

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100245

Applicant for

Specialization

  • 12.00.12 - Філософія права

12-03-2021

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

The dissertation research identifies the components of the interdisciplinary component of the philosophical approach to the legal definition of the concept of state coercion. In this case, the multidisciplinary component is philosophy of law, philosophy, legal psychology, sociology of law, legal logic, science of public administration, political science, sociology. The essence of such an interdisciplinary component of the philosophical approach to the legal definition of state coercion comes down to the possibility of obtaining qualitatively new knowledge based on the use not only of the subject (actually content) of these sciences, but also of their methodology. For the first time in the dissertation, a comprehensive study was carried out in the national scientific literature, in which at the level of the doctoral dissertation modern theoretical and applied perspectives of temporal-spatial discourse of state coercion were conceptualized, which made it possible to analyze such important methodological principles of the formation of legal principles and regulations. In the dissertation the components of a comprehensive approach to the study of state coercion are substantiated, among which system, historical, civilizational, activity, humanistic, anthropological, cultural, axiological approaches are distinguished, which made it possible to study the concept of state coercion from the standpoint of: 1) influence; 2) coordination of activities of bodies and persons exercising state coercion; 3) taking into account and eliminating factors that impede effective preventive action in this field. The author defines the author's definition of the temporal-spatial features of the legal sphere in general and the state coercion in particular, which is offered to understand through the prism of the operative term "time", which refers to the features of the temporal, while in the context of the same spatial features such are "legal system" and "legal seven". I, as well as the commonly used term in the household, the term "territory of law". Legal reality was studied as a system that made it possible to isolate the kernel, the essence of the concepts of legal reality, the temporal and spatial dimension of legal reality, defining the structure of the legal reality system in the context of the dynamism of this system under the influence of temporal and spatial factors, arguing, at the same time, the necessity to include elements and subsystems finding specific relationships between them. The epistemological characterization of the temporal-spatial components of state coercion was conducted, which made it possible to identify world-view concepts of state coercion, to clarify its role in the processes of state formation and law-making, and to determine the degree of legal and legal influence of state coercion on the population. The conditions under which state coercion will facilitate the observance of legal norms and the implementation of lawful behavior are defined, which made it possible to state that several conditions are necessary in order for the state coercion to act as a peculiar instrument for motivating the observance of legal norms and implementation of lawful behavior. We formed these conditions into appropriate groups, the division into which was based on the criterion of the sphere of influence on the person (such groups as legal, psychological, political and economic). The dissertation analyzes the definition of the essence of personal freedom in the conditions of state coercion on the basis of knowledge of the relationship between individual and non – personal aspects of human existence. In this context, the thesis about the manifestation of the freedom of the individual as an individual through the prism of the collective, which is a condition for the functioning of the institutions of state coercion as a legal phenomenon, has been formed. Therefore, the possibility of achieving the purpose of state coercion as a legal process is considered provided that the individual perceives its realization as something proper and necessary, which becomes possible only under the conditions of personal freedom as an important essential characteristic of human existence as a social unit.

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