Article title The Methodological Significance of the Concept of Conflict and the Problem of Understanding of Law (on the Fundamentals of the Conflictological Theory of Law)
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 6/2014
Сторінки [149-157]
Annotation The conclusion about ability of the conflict theory — as an element of sociological science — to provide the complex interpretation of the phenomenon of law and some of the major legal institutes as well is grounded as a row of detailed theses. On the basis of some logical and sociological arguments and the analysis of conflict and confliction as a huge factor of social destruction and danger the author shows them as necessary social pre-conditions of appearance of law and basic mechanisms of the legal control in differentiated society. The factor of social confliction and necessity of its limitation with legal instruments is also a reason to form the state as a system of power that technologically provides the action of legal regulator and constantly deforms it being political institution by its nature at the same time.
Keywords conflictological concept of law, conflict, confliction, conflictogenity relations, confliction prevention and control, law, mechanisms of legal control, contract mechanism, mechanism of justice, mechanism of legislation, state.