Article | Methodology of Private International Law |
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Authors | Dovhert A., Merezhko O. |
Name of magazine | Scientific journal «Private Law» |
Issue | 1 (українська мова) / 2013 |
Pages | 42 - 50 |
Annotation | In order to obtain new theoretical knowledge about international private law (IPL), the authors of the article propose to investigate it using different research methods (mainly non-positivist), that have not found yet a proper use in Ukraine. The arguments are based on the thesis of three possible sources of perception of the world phenomena, including law: 1) sensitive experience; 2) mind, and 3) intuition that eventually lead to the ideologies of materialism, idealism, intuitionalism. In this perspective, PIL can be investigated, firstly, from the point of view of its material content (material interests of particular states and individuals). Secondly, PIL is studied from the point of view of legal concepts and structures of juridical logic (positivism and conceptual jurisprudence). Finally, the content of PIL and its relations to real life can be penetrated intuitively. |
Keywords | private international law, conflict of laws, methodology of PIL. |
References | |
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