PHILOSOPHICAL CONCEPTUALIZATION OF LAW COMPETANCE AND PROBLEM OF IDENTITY
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
These are devoted to the issue of law competence in the epoch of postmodern. Attention is paid to debatable aspects of law competence in post classical (non-classical) theories of law. Focuses on their plural character. Defines the features of postmodern conceptualization of legal consciousness. Determined particularity of postmodern law competence. The problem of modern concepts comprehension because comprehension process is important and urgent category, because of the understanding of the law depends on its implementation and application. The problems of comprehension, describes and characterizes scientific approaches to modern scientific concepts comprehension. Grounded modern scientific questions modern concepts of comprehension as the process of comprehension is important and relevant category because of the understanding of the law depends on its implementation and application. The problems of comprehension, describes and characterizes scientific approaches to modern scientific concepts comprehension. Grounded modern scientific concepts, scientific category, identifies certain types and levels of comprehension. Modern law is dynamic and social construct, a legal reality. Іt is the result of human activity. This law is based on the opposition, which ensure continuous development. The law is closely related to man and his status in the world today. Important role in legal theory played an anthropological turn held in the second half of the twentieth century. At the first place was the problem of man and his identity. Now the problem has changed. Identity is the result of free election. Polyphonic nature is it feature. The main issue of identity is a matter of choice and freedom. But not dictatorship. The right to identity is the core contemporary thinking of law. It’s based on the human rights and freedoms. The right to identity divided into individual and social aspects. The individual aspect is associated with the meaning of life, social dimension ensures the safety of life. human rights are the foundation of a secure life.
Authors and Affiliations
Н. В. Гайворонок
Keywords
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