| Article | On the Ideological Grounds for the Progressive Development of Legal Order in Ukraine (to the Methodological Discussion in National Jurisprudence) |
|---|---|
| Authors | Kostenko O. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 08 / 2015 |
| Pages | 167 - 184 |
| Annotation | The role of legal comprehension in forming legal order in public life is studied in the article. The author proposes «social naturalistic» legal comprehension based on ideological ideas of social naturalism. From the standpoint of social and naturalistic legal comprehension the author in the scientific discussion considers it based on the methodology of «extrasocial naturalism» (backed by S. Holovatyi) and thinking based on the methodology of «social positivism» (backed by P. Rabinovych). In the context of the debate based on social naturalistic comprehension, the author proposes new concepts of the key notions of modern jurisprudence that can serve the development of progressive legal order in Ukraine. According to the author, social naturalistic comprehension can contribute to eliminating various legal illusions and legal voluntarism in the practice of legal order enforcement in the country. |
| Keywords | ideological foundations for the legal order, social naturalism, laws of social nature, social and naturalistic comprehension, «original source of law», «natural law», «positive» legislation, legal culture, «the rule of natural law» |
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| Electronic version | Download |