Value of General Principles and the Rule of Law as the Principal Legal Doctrines
Keywords:
principles of law, rule of law, positivistics doctrine, jus naturalistic doctrine of positive law, values, enforcement
Abstract
In the article highlights the problem of correlation of principles and the rule of law in modern Ukrainian legal reality. It was found that the general principles and the rule of law in positivistics doctrine identified. Emphasized the primacy and determination general principles of law regarding the law jus in naturalistic doctrine. The effectiveness of legal development, of course, depends on what the idea of starting laid its foundation. In people rights awareness, not affect specific legal requirements as general legal ideas provisions postulates that reinforce a hierarchy of values, a number of fundamental values that should protect and which is oriented society. Thus, the problem principles of law, their role and importance to the legal development should be in lawyers sight. The principles of law – is universal, fundamental, basic regulations ideas that reflect the underlying fundamentals of human existence, shared links, relationships formed parties as a result of social interaction is the foundation for the legal development. From the standpoint of legal approach emphasizes that deviation from these principles, their objection in the legal rule-making and enforcement of law threaten to destroy itself, destabilization of public life, public governance, the destruction of democratic values and so on. So to assert these principles and protect them – it’s urgent task of legal reform task as for each individual, the whole of civil society, and government.Downloads
Download data is not yet available.
Abstract views: 488 PDF Downloads: 787
Issue
Section
Specific Areas of Legal Philosophy (Ontology, Gnoseology, Anthropology, Praxeology)
Copyright (c) 2017 Philosophical and Methodological Problems of Law
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
