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
Related Articles
- EP ID EP601970
- DOI -
- Views 57
- Downloads 0
PROTECTION OF RIGHTS AND ECONOMIC INTERESTS OF SUBJECTS IN THE PROCESS OF REALIZATION OF ORAL TRANSACTIONS
The legal content of the oral transaction is examined. The problematic of the definition of this concept in modern civil legislation is revealed. The negative economic consequences of the closing of oral transactions are...
BASIC DOCTRINAL APPROACHES ON THE CONCEPT OF WAR CRIMES IN INTERNATIONAL LAW
The article analyzes the basic doctrinal approaches to understanding the notion of war crimes in international law. In this context, it also examines the problems of formation and development of the doctrine of internati...
THE LEGAL NATURE OF POSSESSIONS OF LEGAL ENTITIES UNDER ARTICLE 1 OF THE FIRST PROTOCOL OF THE CONVENTION ON THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
The article is devoted to the study of the understanding of the possessions of legal entities by the European Court of Human Rights in accordance with the provisions of the Protocol to the Convention for the Protection o...
THE DIALECTICS OF CATEGORIES “AGGRESSION” AND “TOLERANCE” IN CONDITIONS OF THE GLOBALIZATION
The research is aimed at presenting and evaluating aggression and tolerance from the point of view of theoretical understanding of material as paired categories. The purpose is to justify that aggression and tolerance ar...
PUBLIC MANAGEMENT IN THE CONTEXT OF ENSURING INFORMATION SAFETY OF MINORS
The article is devoted to the legal nature of public administration in the field of information safety of minors. The author explores the semantics of the key concept and notes that in modern legal science of Ukraine it...