UDK 159.922:316.64:165.242.2+34:008
Dmitrienko I.V., senior teacher of University of Idea
(Kharkiv-Kyiv)
Dmitrienko Yu.N., Ph.D., bread-winner of scientific
degree of doctor of legal sciences of the Kievan National research university,
the name of T. Shevchenko (Kyiv)
GOING IS NEAR
STUDY OF FUNCTIONAL DOMINANT OF PROGRESS OF NON-LINEARITY IN UKRAINIAN
CONSCIOUSNESS, CULTURE
Using some developing ideas of some last monographic researches in industry of philosophy, right, philosophy of right, sense of
justice, will make attempt identify for
a subsequent facilitation understanding of evolutional processes of law- think in the deviant field of transitional social reference natural model or chart
of the legal "filling" of national idiom of
mental culture
, that exists in the mental field of legal tradition. This, think, on the natural chart of legal cram of national idiom as to
belonging of family
legal nature (what goes out from
find
ones way of natural
logic of development of succession of Ukrainian åtraditional ( =
national consciousness) [1, 125]. Indisputably, it
must be saved at any times, especially for
transitional, mental
functional norm – principle and
vectorial norm – direction Idea - world view evolution
integrally system of paradigms descriptions (after
descriptions of
mentality) of legal idiom as to
belonging of specific legal nature. Preeminently possibility of mentally mediated legal norm – cram in a
national idiom which goes
out from moral spring word
preeminently the
primary /physical/
subjects of sense of justice are given
by an occasion for
system law - open of community sense of
certain, mental model
legitimate or illegal, but the legislatively determined|deterministic| or mediated conduct of the second /legal/ subjects of sense
of justice after the standards
of the proper vectorial in a
relation deviations and proper right understand and right doing both
on the whole systems
"individual-
social
community-society" and concrete it
legislative components
and mental conformities to law of forming of legislative base of society, system
well-organized in a
certain legal form the state as
ideological structured maintenance
of sense of justice, legal subjects,
with prevailing
or primary, or the second
subjects of sense of justice. Such
direction of genesis of mental basis any,
but transgressive sharp
maximum (legitimate - illegal), legislatively structured|structure-forming| and adapted conduct of legal
subjects nonlinear interconditionality of legitimate responsibility of
individual, that only from m e n t a l essence of legal subjects with their mental of social action of right as by the world view
base of any rightlegal during realization
of linear, concretely - historical requirements of legal development in the
positive necessities of time.
In fact, then essence of phenomenal any law - cram
and proper public and state
law – doing is determined in the aggregate
of and paradigm of perception of the world the integral system "individual – social community-society" as full completed time - by spatial n a t u r a l unit of
legal word- measuring, which forms the integral legal system of
community.
Literature
1. Dmitpienko Yu.m. A problem of
succession is in deviant sense of justice: monograph. - Kh:osnova, 1998. - 293.
2. Kepimov D.A. Metodologiya
of right. it is M: Edinopog, 2000. - 563 .