| Article | Needs-Oriented Understanding of Law: Conceptual Characteristics, Heuristic Potential |
|---|---|
| Authors |
Rabinovych Petro M.
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 5 / 2014 |
| Pages | 31 - 40 |
| Annotation | The article develops author’s conception of needs-oriented understanding of Law, based on the historical materialistic social philosophy. In the foundation of this conception the so called needs-oriented research approach is placed. According to it the Law is possibilities of a human (groups of humans), determined by the level of the development of society, to acquire and to use means, needed to satisfy his biological and socially reasoned — in certain historical circumstances — needs of existence and development, that are guaranteed by social obligations of other persons. To justify this understanding author appeals to the practice of application of the Convention for the Protection of Human Rights and Fundamental Freedoms by the European Court of Human Rights. There are also being disclosed the heuristic and justifying abilities of needs-oriented understanding of Law towards explaining the irremovability of inner pluralism of understandings of Law and certain essential dynamism in almost any of them, and also in disclosing the social essence of the social phenomena that are designated in both legal science and state legal practice by the term «law». |
| Keywords | understanding of law, needs-oriented understanding of law, needs-oriented research approach, social essence of law, pluralism of understandings of law, essential dynamism of understandings of law. |
| References | |
| Electronic version | Download |