Karaman M.V. Rituals in the legal sphere: general theoretical and comparative legal research. - Qualification scientific work, manuscript copyright. Thesis for a Ph.D. degree in specialty 081 – Law. - National University "Odesa Law Academy", Odesa, 2021.
The dissertation is the first in the science of general theory of law special holistic general theoretical and comparative legal research of the problem of rituals in the legal sphere. The paper presents a number of author 's concepts, ideas and conclusions, which are characterized by scientific novelty.
The research provides a comprehensive analysis of rituals in the legal field, developed anthropological, sociological, psychological, cultural, ethological concepts of ritual, highlights its role in various stages of human history, defines the essence of ritual and its place among other norms of social and legal regulation.
The basic tokens of the concept "ritual" are revealed, the theoretical bases of the concept and essence of ritual from the point of view of a number of humanities are characterized, on the basis of which conclusions concerning the concept of ritual and its essence in legal sphere are made. Particular attention is paid to the concept of rituals-transition, which was proposed by the French anthropologist A. Van Gennep, studied their three separate stages: separation, transition and inclusion.
It is assumed that since the ritual broadcasts the moral and ethical ideas of society, it suggests that the ritual is a way of transmitting moral and ethical values and passing them on to posterity.
The scientific ideas about the history of development and social preconditions of the necessity of social and legal regulation are considered, the economic dilemma of the prisoner is investigated. It is concluded that the tiny society of two prisoners with this dilemma could be improved if each of them could rely reliably on the other, and the patterns of the prisoner's dilemma also exist on a larger scale: law is defined as a form of social control that is justified as necessary or desirable to resolve social conflicts and achieve the common good.
The role of ritual in involving an individual in social memory is substantiated, its discursive and dialogical functions are highlighted. It is concluded that the rituals coincide with the rhythms of historical events and through this changes are reflected in the mind.
The general social essence of rituals is investigated. It is concluded that the roots of the ritual go back to the deep past. Initially, it was based on the rhythms of nature, and the ritual itself had to adapt the rhythm of human activity to the rhythm of space. It is emphasized that due to the initial perception of the world as chaos, rituals organized the world, gave a tool to explain its features and influence on it. By organizing the world around him, man also organized his own inner space. With the help of ritual, a person could not only comprehend a mystical experience, but also feel confident, rooted and one with nature.
It is pointed out that the most ancient and profound essence of the ritual is a symbolic transition between different forms of cosmic and social existence (living - inanimate, human - inhuman, natural - social, etc.).
Historical and cultural features that influenced the formation of Ukrainian legal culture are studied. There are ways to identify and consolidate in the national memory of ritual norms and norms of customary law in general, namely: rituals-symbols - in the form of rank, actions, formulas and sayings - in verbal form. Judicial formulas and folk sayings, as well as rituals-symbols, had different meanings in Ukrainian customary law, and both forms equally contributed to the consolidation of customary law in the people's memory and gave its norms the force of the current law, living and moving.
The dissertation also formulates other theoretically substantiated conclusions and provisions regarding the place and role of rituals in the legal sphere from the general theoretical and comparative legal points of view.
Key words: pluralistic theory of sources of law, social control, rituals in the legal sphere, legal rituals, legitimation, legal sphere, ritual activity, traditions, customary law.
