Article title Conflict and Court
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1/2013
Сторінки [268-292]
Annotation The article continues series of works in which the theory of conflict as a part of theoretical sociology and social philosophy is used as a methodological basis for the explanation of some of the law phenomena. A genetic and functional interrelation of the phenomena of conflict, social confliction and court is shown. It’s grounded, in particular, that antagonism of some categories of social conflicts, their massive scale and systematic character, frequent inability of its participants to go out of conflict independently and impossibility of its settlement by a compromise determinate a new function of social power — the conflict’s control by an external decision with an obligatory meaning for the conflict’s participants. The factor of conflict also determinates the most distinctive features of court (a court is a body confirming subjectness of the conflict’s participants; the creator of court decisions is always the person of the real and legitimate power; a court decision is always a public determined and public obligatory act, and it makes the pre-condition of the real regulation of conflict and control of social conflict as a tendency). Some functions of an act of justice are analysed in the article too (reasoning, legal reasoning, adjudgement, condemnation). Special attention is devoted to the function of «legal reasoning» which causes transformation of the interests of the person to the legal right as a fact of legal reality.
Keywords conflict, proneness to conflict, compromise, reconciliation, antagonistic conflict, massive and systematic conflict, impossibility of independent and friendly settlement of conflict, subjectness, court, distribution of justification