Comparative philosophy of law: the problem of conceptualization
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The end of XX – beginning of XXI century characterized by the development of compara- tive research undertaken within the various social sciences and humanities. Methodological comparative approaches and relevant subject knowledge inherent in such social-humanitari- an sciences as linguistics, literature studies, art history, pedagogics, psychology, political sci- ence, geopolitics and many others. Thus there is a change of ideological, philosophical, sci- entific and other fundamental principles of such research. In contrast to the universality of modernism, on the foundations of postmodernism plurality is becoming comparativism shap- ing, which, however, is more focused on post-postmodern worldview. Its sources and various forms of manifestation are in the sphere of numerous comparative, interdisciplinary, cross- national and other studies of philosophical, sociological, political, legal, linguistic nature and in spaces of other forms of cognition – religious, mythological, everyday, practical and others. One of these directions of philosophy of law development are comparative legal philoso- phy studies that evolving at the intersection of philosophy, philosophy of law, other legal, social sciences and humanities of comparative perspective, form a “field” of interdisciplinary research, as well as various forms of systematization and institutionalization. In such a cognition of the philosophy of law as its comparative self-reflection method- ological and philosophical fundamental importance has comparative philosophy, which for a long time is actively developing and has formal international recognition.
Authors and Affiliations
Oleksandr Tykhomyrov
Judiciary of the officers’ self-government in the UNR Army
The paper, based on newly discovered archival documents, outlines the main aspects of the place of the military self-government of the UNR army in military administration of the UNR system. Particular attention is paid t...
M. P. Vasуlenko as the founder of the Ukrainian historical and legal science
The basis of the article posited the author’s report on the special general meeting of the Section of social and humanitarian Sciences of NAS of Ukraine on the occasion of the 150 anniversary of the birth of M. P. Vasуle...
Praetor peregrini as an epistemological model of contemporary comparative lawyer (toward a question about comparison as a philosophical thinking of legal postmetaphysic)
Contemporary jurisprudence has appeared before opportunity and necessity to afford itself as a sphere of independent methodological thinking, i.e. awareness itself as a project law-as-philosophy. Justifications of logic...
Bar as a guarantee of the right to receive properly qualified legal assistance
The legal profession is considered as a guarantee of the right to receive properly qualified legal assistance. It is emphasized that the Bar is a professional association of advocates and it is not a part of public autho...
Constitutional doctrine as a source of constitutional law
The main tendencies of development and improvement of the system of modern sources of constitutional law of Ukraine are considered in the article. The views of scholars on the place of the constitutional doctrine in the...