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 STUDY OF
NATURE AND GENESIS OF NON-LINEAR DETERMINAL OF POSTTOTALITY REFLECTION RIGHT
Among all problems of posttotality development most actual
is a problem of nature
and genesis of determinantal of
reflections right, which has, after the last researches nonlinear oriented [1].
At the posttotality terms of world law-move on the walks of life of the unsteady legal systems and
traditions, as a rule, linear positive
structure ordinary development
determinant concretely
historical a plan is not traditionally
functional. It transformation changes the ordinary criteria of the methodological
understanding of nature of determinantal influences on theology oriented of development dominants of evolutional plane|flatness| of procession realization of right, that, in same queue, phenomenal possible only through rights awareness
(legal consciousness)
of sociallegal and sociallegislative realities.
After our arguments such methodologically - transgress procedure
beginning of functional change
of principle-inputted of
traditional and untraditional determinism of reflection| right and law it is optimum|quality-controlled| possible|possibly| to begin from philosophy-right of both theoretical and practical, development
bifurcations
of postsoviet right and law, mutable
deviantal after an own axiology orientation|orintation| in world law-spaciousness
[1].
Yes, after the theoretical
generals of different scientific looks on causally is a determinal conditionality system - structural connections, certain, for example, in researches of L.B.Bazhenova, G.A.Vechnikova,
Z.V.Avgustineka, Gotta V.S., Ursula A.D., Malashenko Y.N., and also Pakhomova B.Y., Foka V.A., Omel'yanovskogo
M.E.,Svechnikova G.A., Sachkova Y.V., Askina Y.F., Usmova A.I., ReykhenbakhA G.V.,
Blauberga I.B., Sadovkogo V.N., Yudina E.G. but other, there
are different, but interaction points of view are on
determinism and causality, that have
general methodology-extrapolar natural function, history and
prospect [1].
Yes, will attribute to their number
such:
- determinism and causality of identity is after strict connection (has basic of unique
strictly certain character and terms of realization not
only of all past events, processes, both in micro-world and in a macrocosm, but also them judicially functional sequence in times-spaciousness,
proper co-ordination, correlation and orientation);
- determinism is one of
displays of properties or descriptions of causal
connections, namely: causal copulas
can be both deterministic and de-determinant ,
indefinite,
statistical, credible (causality wider to
determinism) reason copulas can be both deterministic and non-determinant| but determinism can be only causal;
- a causality is one of displays of
qualities or descriptions of determinant connections, that determinism can be acasual, causal copulas are always only deterministic,
strictly necessary, certain;
- determinism and causality -
different, non-identity concept, each of which neither description nor any case of displays, other, then it is possible to give them deterministic and
causal, deterministic and actual, causal and in-determinant, acasal and in-determinant
interpretation;
- any
difference between different
interpretations of determinism and causality - unimportant, it is important only to define, which
interpretation of these concepts
an author is supported, then only strictly
the certain point of
view, shutting out mixing of concepts
and them the "two-sense
use" [L. Bazhenov].
LITERATURE
1. Dmitrienko Y.N Positive
of jurisprudence: forming of spirituality
in Ukrainian legal consciousness.
- ¹
3 (8) 2008. Teacher’s science.
Philosophy science. Right. - Przemysl|: Sp.
z.o.o of «Science and studio»,
2008. – P. 42-54