Panchenko O. O. The rule of law as a socio-cultural phenomenon. – Qualifying scientific work on manuscript rights.
Dissertation for the Doctor of Philosophy degree in specialty 081 "Law". Lviv State University of Internal Affairs. Lviv, 2023.
It is noted that when studying any socio-cultural phenomenon, it is appropriate to analyze the historical and methodological origins of a specific phenomenon, research into the genesis of its formation, functioning, etc. This, of course, concerns law not only as an instrumental factor, the main function of which is the regulation of social relations by state power, but also as a self-sufficient phenomenon, an important means of social development, an integral element of the cultural universe. It was noted that social transformations and active democratic processes in all spheres of social life contributed to the integration of different types of legal understanding, led to the renewal of methodological approaches to determining the essence, content, and forms of existence of law, and prompted the revision of important legal values. It is emphasized that a remarkable fact of the enrichment of the domestic theory of law is the qualitative revival of the concepts of natural law.
The natural law theory is based on the understanding of law as a system of universally binding, socially conscious concepts about law, about the duties of citizens, their responsibilities, which are based on the principles of justice, freedom and formal equality. The basis of this concept is the understanding of law as the rule of a norm of a higher order, which is related to the human mind, the higher divine essence of human existence.
It is noted that in the works of such a thinker as I.Kant, developed a special humanistic potential of the theory of natural law. The ontological-theological approach to clarifying the essence of law as a social system, which I. Kant and H. Hegel advocated from the standpoint of metaphysics, was connected mainly with man, with the recognition of his free will. Further natural law teachings, including modern ones, were based on their concept. It is indicated that I. Kant, based on ethics,
revealed questions about the nature and essence of the individual. He tried to combine them with the legal foundations of human existence. It is noted that, according to the philosopher, a person should evaluate his decisions and actions, taking into account the freedom and self-worth of other people. I. Kant considered respect for the rights of others as one of the highest duties of a person.
The essential content of such a conceptual concept as the rule of law, which is declared as a defining norm of the highest level of the domestic legal order, is considered. Some approaches of scientists to the doctrinal interpretation of the mentioned concept are analyzed. Philosophical and legal aspects of the rule of law, its role in the formation of the legal system as an element of symmetry of the world order are considered.
It is pointed out that it is expedient to find out the meaning of the essence and elements that fill the rule of law in the symmetry of the world order. The various approaches of philosophers and lawyers to the consideration of symmetry as a world order are analyzed, which help to realize that the rule of law is a natural element of building a world order that unites the practical activities of two worlds, namely: social and natural.In our case, we should obviously follow those methodological determinants that reflect the metaphysical content. As it was emphasized, the methodological principles of the study of models of law should be based not on a rational, but on an irrational, transcendental approach, because this is exactly how it seems to be possible to consider the value of the object of study.
It is indicated that the rule of law is symmetry in the legal plane. It can be used at a certain point (contradictory or transitive) for regulation of social relations, regulation of law, the onset of justice and implementation of the content of law.
Law, the rule of law, justice, the value of law, humanism are quite relevant philosophical and legal categories in any democratic state. Therefore, the study and analysis of these categories is always relevant.
Key words: law, rule of law, sociocultural phenomenon, human rights, justice, value, axiological approach, method, natural rights, positive law, law, legal phenomena, freedom, legal culture, morality.
