Genesis of Dialectic Interconnection of Law (Lawfulness) and Legal Act (Legalness)

  • M. Kostytskyi Doctor of Law, Professor, Academician of the National Academy of Legal Sciences of Ukraine, Member-correspondent of the National Academy of Pedagogical Sciences of Ukraine, Honored Lawyer of Ukraine, Kiev, Ukraine
Keywords: law, lawfulness, legal act, legalness, dialectic interconnection, antiquity, philosophy of law

Abstract

In the article it is analyzing sources of the concepts of law (lawfulness) and legal act (legalness) from the ancient times. It is confirmed that during more than twenty seven centuries in the philosophy of law the discussion about these concepts are continued. Today again in the connection with integration of two legal systems (European continental and precedent law) on the territory of Europe and in the connection with its European orientation of Ukraine these questions become anew urgent. We have this question becomes especially sharply in the legal practice in the connection with declaration of the principle the rule of and inertness of the legal thinking based on the methodology of the soviet normativism (rule of legal act). That’s why there is a need in the re-thinking of the legal concepts (lawfulness) and legal act (legalness) and investigation of its dialectic interconnection from the ancient sources.

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Author Biography

M. Kostytskyi
Doctor of Law, Professor, Academician of the National Academy of Legal Sciences of Ukraine, Member-correspondent of the National Academy of Pedagogical Sciences of Ukraine, Honored Lawyer of Ukraine, Kiev, Ukraine

Abstract views: 197
PDF Downloads: 369
Published
2017-08-04
Section
Methodology of law