Правокомпромісність як вияв сутності права (Compromise and conflict in terms of the nature and the nature of law)
Цифровий архів НаУОА
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http://eprints.oa.edu.ua/6319/
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| Title |
Правокомпромісність як вияв сутності права (Compromise and conflict in terms of the nature and the nature of law) |
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| Creator |
Бобровник, С.В. (S. Bobrovnyk)
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| Subject |
Science of law
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| Description |
The article analyzes the features of compromise and confl ict over the nature and the nature of law. The characteristics of socialand legal areas define opportunities to infl uence confl ict of law through compromise. On the example of natural law concept of law as categories that generate conflict and simultaneously determine the need for its compromise solution. Knowledge and determine the specificity of these legal categories depends on understanding the nature of law in general. Note that feature modern thinking is plurality of views on the essence of law. In jurisprudence there are a number of schools thinking whose representatives in their academic pursuits based on a variety of methodological approaches to defi ning the essence of law. However, this situation leads to the development of legal science. Choice of conflict and compromise as the essential principles of the law is conditioned by the existence of the social world of a man who constantly aimed at self-communicative process, the struggle for social change communication parameters or for the preservation of its unity. This part of the legal communication is a compromise and confl ict. So if our world created by people - people who interact with each other, they cannot avoid confl ict. First of all, this is due to the fact that human activity within the law creates conflict. Let's try to analyze the basic theory of thinking about the nature of law and discover a place that they occupied conflict and compromise in terms of anthropological and communicative approach. The very essence of the right is formed from a set of values that society is vital, and those that require urgent improvement. Hence, distinguished two aspects of the essence of law: value-orientation, reflecting the subjective side of law and regulatory characterizing its objective side. Compromise and confl ict are inherent in the first aspect, and the second. The reason is that modern society is experiencing a sharp conflict of values, and compromise in its environment is largely formal character. Thus, a typical aspect of ordering conflict, and value-orientation aspect - compromise. Perform analysis of compromise and conflict over the nature and essence of the idea of natural law theory. The overall conceptual idea of natural law is the existence of positive law certain universal general principles, values that are potentially normative and determine the true legitimacy of positive laws. This category of freedom as the essential principle of natural law provides legal individualism and overshadows the spiritual and social values. In other words, human rights and supersedes all right, condition al on its own exclusivity rights, but such a provision can not apply to all legal systems of the world. The article identifi es that research of such categories as compromise and conflicts depends on the nature and essence of law. An anthropologic and communicative approach enables to analyze objective and subjective elements of law and specifics in which the compromise and conflict are displayed in this field. A regulatory environment as a kind of social medium is defi ned as confl ictive, but the compromise maintains its stability and legal influence on social relations. Furthermore, the confl ict is defi ned, depending on how acute it is and what consequences it has, as an obstacle in the legal communication, reasons of its disruption and improvement tool. The need to describe the main concepts of legal consciousness has been substantiated in order to analyze the compromise and conflict and their dependence on the nature and essence of law. By way of example, post naturalism has been examined since,according to its concept, the essence of law is attributable to human intellect and general principles of morality. Consequently, the law is understood as natural, integral human rights to equality, freedom and justice, which implementation the state should strive to attain. Post naturalism describes compromise and conflict through a balance of subjects' rights and obligations, influence of such category as freedom, specifics inherent to the perception of such principle as citizens are free to do as they like unless expressly prohibited by law", interaction between the parity and equality of rights, and the nature of justice. The law compromise tools, which rest on moral and ethical instrumentality, are identifi ed as the ways to resolve a conflict. |
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| Publisher |
Видавництво Національного університету "Острозька академія"
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| Date |
2017
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Article
PeerReviewed |
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| Format |
application/pdf
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| Language |
uk
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| Identifier |
http://eprints.oa.edu.ua/6319/1/29.pdf
Бобровник, С.В. (S. Bobrovnyk) (2017) Правокомпромісність як вияв сутності права (Compromise and conflict in terms of the nature and the nature of law). Development of Jurisprudence Problems and Prospects. pp. 82-85. |
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