Genese of Scientific Measurement of the Legitimation of State Power

  • Yu.-M. Kozak

    Postgraduate Student of the Department of Theory of State and Law of the National Academy of Internal Affairs, Kyiv, Ukraine

Keywords: state power, legitimation, legitimacy, scientific comprehension

Abstract

Today the investigation of the concept of legitimation of the state power is an important task due. As long as it has been stated in the Constitution that the people are the only source of power it is considered that comprehension and investigation of the concept of legitimation of the state power is up-to-date and requires theoretical and legal analysis.

The main tasks of this work are understanding of the notion of legitimation of state power and disclosure of its genesis and state of scientific reflection.

An analysis of the thoughts of the philosophers of Ancient Greece and Rome concerning the just orientation of the authorities to achieve the public good of all citizens and the emergence of the idea of the legitimacy (legitimacy) of power is carried out. Also was done an analysis of religious beliefs (X–XIII Centuries) of thinkers of the Middle Ages on the justification of a single legitimate authority – the church; and rational views (XV–XVII Centuries) on the characteristics of legitimation of power as a justification for the monarch to achieve their objectives. Also has been provedthoughts of thinkers of the New Age (XVIII–XIX Centuries) and their methods of analysis of the institution of the legitimation of state power through the idea of natural law. Has been analyzed the formation of a peculiar theory of Soviet scholars (the second half of the 20ʼs – the second half of the 80ʼs of the XX Century), characterized by the lack of a scientific analysis of the legitimacy of Soviet power, as well as the domination of ideological factors in its formation. And in the end has been analyzed works of local lawyers, political scientists and philosophers on understanding the phenomenon of legitimation of the state power (90 years of the XX Century – present) based on pluralism due to different approaches to democracy and the rule of law.

The formulated provisions revealed in the article deepen knowledge of the peculiarities of functioning of state power legitimacy. There has also been an proved authorʼs historical systematization concept of legitimation of state power.

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Author Biography

Yu.-M. Kozak

Postgraduate Student of the Department of Theory of State and Law of the National Academy of Internal Affairs, Kyiv, Ukraine


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