DIALECTIC DENIAL IS A BASIS FOR CONSISTENCY IN GENESISOF LAW
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The genesis of law from the point of view of the dialectical law of denying denial is explored in the article. The denial is the basis of succession and adoption in legal phenomena, and discovering of these processes contributes to improvement of legal thinking in the philosophy of law. The analysis shows that the effect of denying is being demonstrated through other laws and categories of dialectics, which is directed to the development of established ideas about the law and methodological approaches to its understanding.The dialectical denial in law is an objective process that is the result of the movement of contradictions of natural and positive law in the permanent process of succession and adoption in law. This leads to real changes that manifest and demonstrate different aspects of legal phenomena in a united system of natural and positive law and in society, elimination of the old and the approval of the new in the process of progressive development of law. To the holistic consideration of the problem contributes the consideration of the denial through other laws and categories of dialectics: the law of unity and struggle of opposites of the old and the new, with taking into account the dualism of law as a single whole in endless repetition of structures of struggle of polar opposites of natural and positive law; causal links and inversion transformations of natural law into a positive one, taking into account the features of the of succession and adoption in law; quantitative and qualitative cyclic transformations and their infinite repetition in the direction of improving the system of law and certain natural-legal phenomena, such as fractality, symmetry, which also demonstrate the essence of the objection. Understanding the essence of dialectical denial helps to eliminate distortions and avoid such extremes as nihilistic denial of the heredity of the achievements of law – on the one hand, and conservatism, the blind imitation of the traditions of the past, stereotypes and dogmas – on the other hand.
Authors and Affiliations
В. І. Ткаченко
Keywords
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