Constantly Dominant Social Ideas of the Modern Era and the Modern Constitutional Space
Abstract
Abstract. The article is devoted to the yet insufficiently researched issues of the impact of philosophical and legal ideas of the modern period on the formation and design of modern political, legal, and constitutional reality. It is proven that modern European legal culture and practice are largely determined by philosophical-legal concepts and natural-legal doctrine of the 17th-18th centuries, which in turn selectively absorbed the provisions of social ideas of the Middle Ages, Christian ideology, but at the same time had the character of a practical action guide and fixed the main worldview and mental guidelines of the society of that time. Philosophical and legal texts of thinkers of the modern era were written in a specific genre manner, which led to the transfer of their main provisions into political-legal, and legal documents. It was in such worldview and historical coordinates that the basic principles of territorial management in the state were formed through a clear delineation of the relationship between the center of management and the periphery. The text of the article analyzes the main socio-cultural and ideological prerequisites for the formation of such provisions of modern political and legal practice and constitutionalism as an independent national state, territorial and national sovereignty (using the example of the evolution of the phenomenon of sovereignty from the Middle Ages to modern times). Understanding the meaningful content of some institutions of constitutional and international law depends on clarifying the role and significance of the Westphalian peace treaties in the processes of creating the European system of law and order, the main principles of international security policy, etc. Attention is focused on the fact that the modern understanding of law is also derived from its interpretation in modern times (law as a contract, law as a sphere of secular human activity, law-making and law-making activity of the state, the state as a special subject of law).
Keywords: modern; law; constitution; constitutional space; safety law; state; sovereign state; international safety; law and order.
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References
Asch, R.G. (2004). The ius foederis re-examined: the Peace of Westphalia and the constitution of the Holy Roman Empire. In Peace Treaties and International Law in European History: From the Late Middle Ages to World War One (pp. 319-337). R. Lesaffer (Ed.). New York: Cambridge University Press.
Barabash, Yu.H., Boryslavska, O.M., & Venher, V.M. (et al.). (2021). Constitutional law. M.I. Koziubra (Eds.). Kyiv: Vaite.
Bilozorov, Ye. (2022). The natural type of understanding of law as the basis of the activity theory of jurisprudence. Comparative and analytical jurisprudence, 2, 10-14. doi: 10.24144/2788-6018.2022.02.1.
Chaunu, Р. (1966). La Civilisation de l'Europe classique. Paris, Arthaud.
Gay, P. (1996). The Enlightenment: An Interpretation. N.Y.: W.W. Norton.
Hayes, K. (1931). Historical Evolution of Modern Nationalism. New York.
Husiev, V.I. (2020). Essays on the History of Philosophy of the New Times. Kyiv: Nats. un-t "Kyievo-Mohylianska akademiia".
Koziubra, M. (2021). The doctrine of natural law: through historical ups and downs to recognition as the basis of the most important achievements of modern legal theory and practice. Law of Ukraine, 1, 12-42. doi: 10.33498/louu-2021-01-012.
Kononenko, Yu.S., & Dzholos, S.V. (2023). Absolutization of human rights as a threat to statehood and the well-being of society. Part I. General theoretical foundations of the concept of human rights: a critical view. Bulletin of the Uzhhorod National University, 76, 20-29. doi: 10.24144/2307-3322.2022.76.1.3.
Koch, S.V. (2022). From the periphery to the center: the ambivalence of the European border. International and political studies, 35, 39-54. doi: 10.18524/2707-5206.2022.35.263538.
Liashenko, V.M. (1999). European law as a phenomenon of spiritual and practical development of the world (Doctoral dissertation, Kyiv, Ukraine).
Münkler, H. (2018). Die neuen Kriege. Zur Wiederkehr eines historischen Musters. Stuttgart: Stiftung Bundespräsident-Theodor-Heuss-Haus.
Romanova, A. (2023). The legal doctrine of natural law in the regulation of social relations based on the rule of law. Analytical and comparative jurisprudence, 1, 632-635. doi: 10.24144/2788-6018.2023.01.110.
Schmitt, C. (1958). Verfassungsrechtliche Aufsätze aus den Jahren 1924–1954. Materialien zu einer Verfassungslehre (pp. 375-385). Berlin: Duncker & Humblot.
Schmitt, С. (2003). The Nomos of the Earth in the International Law of Jus Publicum Europaeum. Telos Press.
Shamrai, V. The social project of modernity: principles of research. Retrieved from http://dspace.nbuv.gov.ua/bitstream/handle/123456789/28614/31-Shamray.pdf?sequence=1.
Shumskyi, I.K. (2020). The Westphalian system as the origin of the new modern system of international relations. Almanac of international law, 23, 81-86. doi: 10.32841/ILA.2020.23.10.
Tsivatyi, V. (2019). The European system of international relations and diplomatic practice during the Thirty Years' War (1618–16248): institutional and congruent discourses. Scientific works of Kamianets-Podilskyi National University named after Ivan Ohienko, 30, 39-49. doi: 10.32626/2309-2254.2020-30.39.
Zafirovsky, M. (2010). The Enlightenment and Its Effects on Modern Society. N.Y.: Springer.
Vovk, V. (2022). War as a utilitarian social practice. Comparative and analytical jurisprudence, 2,
-321. doi: 10.24144/2788-6018.2022.02.59.
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