Б. КІСТЯКІВСЬКИЙ – ЗАСНОВНИК УКРАЇНСЬКОЇ ІНТЕГРАЛЬНОЇ ФІЛОСОФІЇ ПРАВА

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Б. КІСТЯКІВСЬКИЙ – ЗАСНОВНИК УКРАЇНСЬКОЇ ІНТЕГРАЛЬНОЇ ФІЛОСОФІЇ ПРАВА

Journal Title: Гуманітарний часопис - Year 2015, Vol 1, Issue 1

Abstract

Tolstov Ivan BOHDAN KISTYAKOVSKYI IS THE FOUNDER OF UKRAINIAN INTEGRATED PHILOSOPHY OF LAW The article devoted to important role of B. Kistyakovskyi as the founder of Ukrainian integral philosophy of law and to his especial philosophical understanding of the law. Ukrainian scholars have noted the importance of historical and philosophical achievements of B. Kistyakovskyi for the establishment of Ukrainian philosophy. He known as is one of the outstanding scientists of Ukraine. Philosophical, jurisprudential, political, sociological, legacy heritage of thinker is known for scientists. But today more properly to say about him as the scientist of law and the founder of Ukrainian integral philosophy of law. B. Kistyakovskyi consciously called himself a Ukrainian, defended the independence of Ukrainian culture, unity with other national cultures, and its contribution to the world cultural treasury. In his studies, he paid much attention to the ideas of universalism in conjunction with cultural diversity. The scientist is not perceived unilateralism and extremes in evaluating various philosophical and legal trends. One of the major works of B. Kistyakovskyi is the book “Social Science and Law. Essays on the methodology of social science and the general theory of law”. In this book he researched deep essence of law. On his opinion, law at the same time is a social phenomenon and part of the spiritual life.Philosopher developed the methodology of the study of law, government, civil and human rights, rule of law and the idea of implementation to the socially fair state. Analysis of creative activity of the philosopher has been conducted from the viewpoint of the discourse characteristic of his methodological approach which is based on the achievements of philosophy of his time – neokant philosophy of culture. Deep essence of law as a complicated many-sided phenomenon which synthesizes state-institutional, social, mental, normative knowledge has been substantiated. B. Kistyakovskyi distinguished theoretical and technical concepts of law. Theoretical law is based on common life of people and their consciousness. Theoretical concepts of law are state-organizational, social, mental and normative concepts. Technical law is the instrument by which can be set standards to meet the different needs of people. The main feature state-institutional concept of law is a set of rules, which are guaranteed by the state. Social concept reveals the law as a set of relations that occur directly in the community. According to the mental concept, law is strong-willed, mental phenomenon. Normative concept takes expression in various doctrines of natural law. Philosopher distinguished rational and irrational elements in the law, because the law there is not only as set of rules, but a phenomenon of human society life also. The integral method of B. Kistyakovskyi in the study of law is one of the first major approaches in global philosophical legal thought and Ukrainian philosophy of law. Using this method, scientist developed four theoretical and two technical concept of law. He believed that the philosophy of culture is a factor which unites these concepts. Therefore law is a form of social relations and in ontological sense set of features such as freedom, equality, justice. System study of philosophical and legal concept by B. Kistyakivskyi can be using for establishing of modern Ukrainian legal state. The legal state needs institutions that perform different functions of government, but the government should be organized in such way that does not suppressing personality. The positivist understanding of the law, is the set of written dictates of government must be overpassing. Consciousness of society must be vanished from totalitarian stereotypes, to form need of each Ukrainian citizen to be a man of worth. Everyone must participate in the creation, application and implementation of law.

Authors and Affiliations

Іван Толстов

Keywords

Ключові слова: українська філософія права інтегральний метод сутність права правова держава права людини. The keywords: Ukrainian philosophy of law integral method the essence of law legal state human rights.

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EP ID EP558362
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