Institutional Configuration of Social Order: Philosophical and Legal Dimension

  • V. Nalutsyshyn

    Ph.D in Law, Associate Professor, Professor
    of the Department Criminal Law and Process of the Khmelnytsky University of Management and Law, Khmelnytsky, Ukraine

Keywords: society, natural order, public order, legal order, social order

Abstract

The article explores the main approaches to understanding public order. It is proved that the natural order was primary and this was noticed by our ancestors, observing the objective laws of nature: the alternation of day and night, the change of seasons, tides and ebbs, the process of birth and death, and the like.

The foundations of order characteristic of any concept of understanding the social order are revealed:

– the order whether the natural or social arises from only systematized or cyclic actions, this is observed both in nature and in society;

– order is always the existence of certain rules, which entail restrictions, prohibitions, control in public life;

– the order arises where stable, reliable and productive ties are formed between different phenomena or subjects, which bind them together into a single integrity, successfully functions;

– order emerged as an antipode of chaos, anarchy or instability in society;

– the social order always indicates a personʼs awareness of his sociality and the importance of man to the formation of social reality;

– such awareness presupposes the existence of reciprocity: the behavior of each individual is not accidental and disorderly, but must reciprocate or complement the behavior of others;

– the order captures an element of predictability and repetition in public life: people act socially only if they know how to act in this case and what to expect from each other;

– the order indicates stability and sustainability.

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Author Biography

V. Nalutsyshyn

Ph.D in Law, Associate Professor, Professor
of the Department Criminal Law and Process of the Khmelnytsky University of Management and Law, Khmelnytsky, Ukraine


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Section
Specific Areas of Legal Philosophy (Ontology, Gnoseology, Anthropology, Praxeology)