THE IMPACT OF M. DRAGOMANOV ON I. FRANKO’S LEGAL WORLDVIEW
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article analyses topical issue of the impact of M. Dragomanov on I. Franko’s legal worldview. I. Franko’s ideas as for law issues were greatly influenced by Charles Darwin, Herbert Spencer, Auguste Conte, Immanuel Kant, John Mille and others as well as different theories, such as the organic, theological, patriarchal, contract, historical materialism and violence theories. The article offers the data that I. Franko was interested in customary law issues, the latter being prompted by M. Drahomanov. The scholar admitted the necessity to introduce the customary law elements into the legislature in effect as more often than not common people’s ideas of norms were in conflict with the laws in effect. Apart from customary-law norms, I. Franko pointed to laws as the source of norms. I. Franko held that law acts adopted by the society should not fail to reflect the interests of the entire society.Many of his research works and newspaper publications reflect I. Franko’s views of the stages in the development of the Ukrainian law. The study describes the way I. Franko presented the main sources of Old-Rus law, the law of the state of Halych and Volyn and the law that existed in the territories inhabited by the Ukrainians during Lithuanian and Polish rule. Many of I. Franko’s scholarly ideas concerned the law system that existed in the West-Ukrainian lands after the Ukrainians passed under Austrian control. While describing the administrative bodies of the Austrian empire that came into existence in 1867, I. Franko pointed out that the then constitutional system had a class representation basis.The present paper is an attempt of defining peculiarities of I. Franko’s ideas on federalism. The writer’s inclination to the ideas of federalism under M. Dragomanov’s influence is in the focus of the research.
Authors and Affiliations
О. Б. Бунчук
Keywords
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