Besaha I. Werner Maihofer’s Existential Philosophy of Law

Besaha I. V. Werner Maihofer’s Existential Philosophy of Law. – A qualifying research paper on the rights of the manuscript. Dissertation for the Doctor of Philosophy in the specialty 081 “Law.” – Lviv State University of Internal Affairs, Lviv, 2023. The scientific novelty of the obtained results consists primarily in the fact that the proposed dissertation is the first in Ukraine complex study of the philosophical and legal concept of Werner Maihofer. The main results of the dissertation work, which are characterized by the signs of scientific novelty and which are submitted for defense, are as follows: 1. for the first time, a holistic comprehension of Maihofer's concept of law was carried out, and its place among the concepts constructed based on existentialist philosophy was determined; 2. the grounds for the unity of the ontological and deontological aspects of law in the concept of Maihofer are revealed; 3. the general notion of existential law is proposed; 4. the peculiarities of the interaction of subjective and objective factors in the process of law formation corresponding to the existentialist philosophical and legal paradigm are defined. 5. two periods in the development of W. Maihofer's legal understanding are defined: the «existential-sociological» (from 1954 to 1963) and «existential Kantian» (since 1963); 6. on the basis of a study of the practice of application of the institute of legitimate expectations of the Supreme Court justified the possibility of using the legal positions of W. Maihofer for the development of the doctrinal basis of this newest legal construction; 7. the methodological tools to characterize existentialist philosophical and legal concepts have been improved by developing the author's typology of conceptual approaches to solving a number of existentially significant philosophical and legal issues; 8. the notion of the correlation between existentialist and sociological approaches in the philosophy of law has been improved; 9. the differences in the perception of legal reality by legal existentialists and the originators of the existential type of philosophizing are comprehended; 10. Maihofer's understanding of the essence of existential law as the future authenticity of the being of such a being as manifested in the social image of man is revealed.