Philosophy of Law as a Fundamental Science of Law
Keywords:
philosophy of law, scientific disciplinary status of the philosophy of law, approaches to the definition of the status of the philosophy of law, the object of the philosophy of law, the subject of the philosophy of law, the development trend of the philos
Abstract
In the article, based on the opinions of foreign and domestic scientists, the scientific disciplinary status of the philosophy of law has been studied. There are eight directions for understanding this status. The authorʼs view of him is described, according to which the philosophy of law is a fundamental legal science. The authorʼs definition of the philosophy of law as a legal science on the essential laws of the emergence, development and functioning of legal phenomena is presented.
The current state of the philosophy of law allows us to state that the process of formation of the general philosophy of law is intensively taking place and a special philosophy of law (philosophy of crime, philosophy of law-making, etc.) begins to develop. The logic of the development of knowledge, built on the principle of «from general to concrete», is also characteristic of the philosophy of law. We can distinguish the following stages: the philosophy of law as a philosophical science, the philosophy of law as a philosophical and legal science, the philosophy of law as a legal science, the philosophy of individual legal phenomena. The author proposed his own definition of the object of the philosophy of law, to which he refers the laws of life of the legal sphere of society, which includes: the legal system, the phenomena that determine the legal system, the phenomena are connected with the legal system. The subject of the philosophy of law, he considers the essential laws of the emergence, development, functioning of legal phenomena. The forecast of tendencies of development of philosophy of the right is stated.Downloads
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How to Cite
[1]
Shmotkin, O. 1. Philosophy of Law as a Fundamental Science of Law. Law Magazine of the National Academy of Internal Affairs. 14, 2 (1), 307-320.
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Theoretical and historical aspects of legal science
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