Tsvietkova Y. The Formation of the Legal Tradition of the Religious Tolerance at the Federal States of Europe (V BC – XVII AD)

Thesis for a Doctor’s of Law degree by speciality 12.00.01 – theory and history of law and state; history of the political and legal science. – Taras Shevchenko National University of Kyiv of Ministry of Education and Science of Ukraine. Kyiv, in 2020. The thesis is focused on the problem of genesis, development and transformation of the legal tradition of the religious tolerance in the European federal states of the Antiquity, Middle Ages and Early Modern period (Ancient Rome, the Great Duchy of Lithuania, The Rzechpospolita Polska, The Holy Roman Empire of the German Nation). The concept of the legal tradition of the religious tolerance as an objective, inheritable, continuous process in the European legal communication space within the defined territorial and chronological borders, and in connection with the forming of federalism principles in the western legal tradition has been developed. The author has proved that the efficient and complex research of the legal tradition of the religious tolerance should apply within the framework of Cultural-Historical oriented legal science, paradigm of multiculturalism and tolerance; based on the system-information approach with a consideration of logical and historical principles of the development of the law. The author has characterized the features of the “Pre-modern Federalism”: the principle of the asymmetric legal status of the peripheral territories, which preserve ethno-religious self-identification, and are combined with the contractual relationship around the central titular core; the inviolability of the autonomic existence of the legal systems at the subjects of the federation territories; the absence of the strict subject-matter jurisdiction division and the enhanced role of the local governmental bodies (inter alia representatives). Permissive, blanket and discriminative methods in law-making process for the legal regulation of the religious relations and its influence to the legal tradition of the religious tolerance are researched.