THE RULE OF LAW’S DELIBERATIVE MODEL: IDEALISTIC СRITICAL DIMENSION
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2018, Vol 29, Issue 5
Abstract
The author argues that in idealistic critical dimension, the ontology of law goes deeper than the concept of natural law or social contract and represents the highest law as its primary source. Divine origin of law explains its supremacy, which has exactly a spiritual character. The difference in the views on the role of moral guidance to ensure the Rule of Law has created a conflict between formal and substantive models. A deliberative model of the Rule of Law, based on the dialogue between social actors, is intended to solve this conflict. Such axiological pillars as human dignity, justice and responsibility are the connecting links of value communication in this model. The faith that all these virtues are derived from the Divine Word (Logos) determines the spiritual foundation of the Rule of Law principle.
Authors and Affiliations
М. В. Несправа
Keywords
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