Dmitrienko Y.N., Ph.D., bread-winner of scientific
degree of doctor of legal sciences of the Kiev National research university the
name of T. Shevchenko (Kyiv city)
GOING
IS NEAR RESEARCH OF SPECIFIC OF INTERPRETATION OF GERMENEVTIKI OF LEGAL
CONSCIOUSNESS AND
LEGAL CULTURE
In the modern context of «change of epicenter of all
human life to the pole of
legal culture» (B.C. Bibler) the natural and appropriate|law-governed|
phenomenon is
become by the address of
legislators and philosophers of right and sense of justice to legal hermeneutic| - to the scientific theory and practice of
interpretation and understanding of the normatively fixed displays of legal
life of man, - founded on realities of understandings through the reflection of legal
consciousness,
comprehension wide emotionally spiritual to experience of humanity, presented not only in science but
also in religion, language,
folk traditions, art,
to the legal culture on the whole. In the center
of studies of legal hermeneutic,
functionally realized
as hermeneutic of legal
consciousness,
there is a problem of the veritable understanding of legal awareness of reality
as forming of mechanism of adjusting
of modern transitional relations, functioning of man, society and state. Hermeneutic of legal consciousness has for the theory of legal consciousness and cultures which forms
develop, cultivates and
presents legal truths, unique value,
as touches legal
interests of all participants of rightcognitive process|Carbro|, finding out itself on different|diverse| levels: from social to the level of concrete methodical reception. In modern
legal science the problem of veritable law-understanding| and rightcognitive is studied
mainly in philosophical logical
and psychological aspects. Under hermeneutic of legal consciousness we understand a theory and practice of
interpretation of legal consciousness
and culture of the accumulated knowledges, which went deep as a result of
reflection of reality and history, fixed in proper arch facts and archetypes of legal consciousness and culture, subjects
[1].
Making the task like in
research hermeneutic of Ukrainian legal consciousness: 1. To set dependences
of plenitude of understanding of explainable knowledge on the level|Y-level| of the reflected activity of subject, cycle of social activity of legal
consciousness and
culture. 2. To find out
the level of
identification possibilities
of rich in content functions and descriptions of knowledges, got in the processes of legal reflection of
reality, remember that in a
concept «legal truth», -
rich in content description of legal knowledges, fixed language means and
probed linguistic expressions of sense of
justice, not only the rational components of rights-understanding join in which, but also perceptibly vivid. 3. To define
the proof criteria of the
veritable understanding of sense of legal text in the process of interpretation, adequacy of
interpretation and
priorities of
orientation of
subjects of sense of justice in the rational components|reductant| of legal text – materialization maintenance of sense of justice, that dependency upon ability to explain, understanding of legal
perceptible appearances, perceptibly vivid components of phototypography speed
of transformation of them, in the rational structures of consciousness, sense of justice, lawselfconsciousness.
ITERATURE
1. Dmitrienko Y.N.
Subjectively legal (positively legal) the form (type)
of legal consciousness
and legal culture // Scientific
announcer of the Chernivetskiy
university. Vnp. 365. Jurisprudence. - Chernivetsi
«Ruta», 2006. - P. 14-20