Ukrainian legal tradition as the subject of historical legal research
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
Makes an attempt to analyze Ukrainian legal tradition which based on ethnogenetical, ethnological and theoretical reflection in the context of legal methodological approach to Ukrainian historical and legal reality. Historical and legal reality reviewed as a complex of social and cultural phenomenon caused by civilization uniqueness of cultural archetype, especially of the formations and functioning elements, connections between these elements and other social phenomena. Analyzes the concept of “ethnic niches” as a condition of the formation and existence of the ethnic group, including Ukrainian. The social component of this concept, which consist elaborated by thousands of years tradition of interaction including socially accepted culture, ethnic culture which reflects the state of integration of their relevanttraditions in constant self-sufficient system. The key for the historical and legal research of Ukrainian legal tradition is pushing «lawstateness» (by O. Skakun), which accented the primacy of law (in the ratio law and the state), and the stateness is viewed in a wide sense – as a system of political and legal organization of society. Based on this as the subject of historical and legal research of legal tradition propose to view as: – a serial chain of causality that has an internal logic of its development; as a totality consisting of varying degrees coordinated mainly materialized in the form of Traditions legal and regulatory culture expressions of justice, legal mentality, legal understanding, legal culture within a particular legal area due to state instability.
Authors and Affiliations
Tetiana Bondaruк
Keywords
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