Наукові видання

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https://repository.sspu.edu.ua/handle/123456789/423

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Перегляд Наукові видання за Ключові слова "constitutionalism"

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  • Документ
    Law in Modern Society’s Conditions: Legal Discourse
    (Baltija Publishing, 2023) Kuchuk Andrii Mykolaiovych; Кучук Андрій Миколайович
    The topicality of the study is determined by the permanence of the issue of understanding law, human rights as those phenomena that determine the rules of human coexistence in society, and ensure law and order. Additional factors of relevance are the challenges of the postmodern era that have affected all spheres of human life, including the realm of law. It is indicated that even today there is no single accepted understanding of law, there are lots of definitions of this concept. Quite often various social phenomena are called law. It is emphasized that an axiological meaning is inherent to law. Like any cultural phenomenon, law cannot but possess a value component. Even in conditions of legal positivism prevailing, normative prescriptions, formulated by public authorities, reflect the values of the respective society. It is noted that law is understood as the rules of behavior of the members of the relevant society that are closely related to morality and do not always have a textual form of reflection, moreover, they are largely implicit and require their own “finding” (permitting them to be objectified). These are the rules of behavior that ensure the proper functioning of society and its survival, and further development, protecting the axiological component of society. Law cannot be considered formally, outside the influence of culture; law is a social and cultural phenomenon and it should be studied as such. Accordingly, it becomes clear that it is not possible to make law by issuing a normative legal act. Law is a “living” and dynamic phenomenon.