| Article | The Methodological Significance of the Concept of Conflict and the Problem of Understanding of Law (on the Fundamentals of the Conflictological Theory of Law) |
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| Authors | Burlay Ye. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 6 / 2014 |
| Pages | 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. |
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| Electronic version | Download |