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
Related Articles
- EP ID EP463161
- DOI -
- Views 81
- Downloads 0
Analysis of deformation legal awareness in the professional environment
This article analyzes the features of legal consciousness of those engaged in legal activity, and legal consciousness deformations in a professional environment. The basic factors that influence the formation of professi...
Historical aspects of formation and development of Ukraine’s relations with the International Monetary Fund
Нistorical aspects of formation and development of Ukraine’s relations with the the International Monetary Fund are considered in this article. The dynamics of cooperation during 25 years is analyzed. The programs implem...
Legal mechanism of access to environmental information
The article deals with legal mechanism of access to environmental information in the system of central government bodies. Legal regulation of activity of bodies of environmental monitoring system in relation to the Law o...
Modern model of education management: administrative-legal aspect
The article analyzes the content and priorities of the development of governmental-public model of education management. The legislative and legal principles of state and public administration for the development of educ...
Transfer of rights on a domain name and its transfer to another registrar
The scientific article is devoted to highlighting the features of the procedure for transferring rights on a domain name and its transfer to another registrar of domain names. The features of such a transfer are determin...