The rhizome model of the system of law as the manifestation of creativity in the contemporary jurisprudence
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2016, Vol 20, Issue
Abstract
The article summarizes the existing approaches of understanding the model of system of law as a linear phenomenon as well as characterizes the efforts of many domestic and foreign scholars to justify it as a perfect geometrical shapes (triangle, circle). Underlined that the contemporary jurisprudence strives to expand its categorical apparatus and to use methodological tools, templates and forms borrowed from natural and exact sciences. It is shown that «fresh look» at the system of law can be obtained by modeling it as a «rhizome» – disordered, but coherent set of interrelated branches of law, institutions of law, rules (norms?) and principles of law, development of which depends on an unlimited number of objective and subjective factors. Such a paradigm of modern system of Ukrainian law is really responses to the spirit of postmodern and allows to focus on the study of general characteristics of the complex branches of law, not on explaining their location in a linear model of system of law.
Authors and Affiliations
В. П. Хряпченко
Keywords
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