Zaiats O. Intentional analysis of professional advocacy: philosophical and legal discourse

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0523U100033

Applicant for

Specialization

  • 12.00.12 - Філософія права

03-03-2023

Specialized Academic Board

Д 70.895.02

Khmelnytsky university of management and law Leonid Yuzkov

Essay

For the first time in the Ukrainian scientific literature, a comprehensive study of the conceptualization of modern theoretical and practical perspectives of the intentional analysis of professional advocacy activity was carried out at the level of a doctoral dissertation. The dissertation proved that the hermeneutics of law is implemented in professional advocacy through the prism of determining the interpretation of legal norms in their textual dimension and, therefore, addresses the problems of the symbol that actualizes the meaning of language as a specific expression of the textuality of a legal norm. The dominant place in the professional advocacy activity of reconstructive activities is substantiated, when such qualities of a human rights defender as memory, analytical and synthetic thinking, imagination are realized, given that two aspects are distinguished in the communicative activity of a lawyer: (1) psychological contact with the client and (2) psychological contact with the court and other participants in the legal process. The intentional nature of professional advocacy activity in the context of post-classical philosophy of law is revealed based on interdisciplinary philosophical and legal discourse and the concept of anthropological component of professional advocacy activity is defined, its content is revealed from the standpoint of philosophical and legal science. The concept of homo diversum (man is multifaceted) is conceptualized as the basis of one of the new approaches to the philosophy of human rights protection in the transitional conditions of social transformation, and the concept of anthropological factors of professional morals and professional ethics as components of the intentional dimension of advocacy is introduced, and their theoretical and practical significance is also revealed. The dissertation defines the constituent elements of the interdisciplinary component of the philosophical approach to the phenomenological dimension of the lawyer's professional activity. The development of an ontological approach to the knowledge of law-making, which a lawyer carries out in his professional activity, requires the use of knowledge of various scientific disciplines, the integration of scientific issues, various scientific approaches, which are justified again within the limits of individual fields of humanitarian knowledge. In this case, the interdisciplinary component consists of philosophy of law, legal psychology, political science; axiology; sociology. The essence of this interdisciplinary component of the philosophical approach to the phenomenological dimension of a lawyer's professional activity comes down to the possibility of obtaining qualitatively new knowledge based on the use not only of the objectivity (the content) of these sciences, but also of their methodology.

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