Dmitrienko I.V., senior
teacher of University of Idea (
Kharkiv-Kyiv)
Dmitrienko Yu.N., Ph.D., bread-winner of scientific degree of doctor of legal sciences of the Kievan National research university, the name of T. Shevchenko (Kyiv)
GOING NEAR STUDY OF PROBLEMS OF COUNOUNTRY –
LAW CONSCIOUSNESS
AND CULTURE AND INDIVIDUAL IN POLITICO-LAW STUDIES OF S.
PUFENDORFA
At for some time past the Ukrainian
legists increase attention
to the inheritance of large foreign legists of the pas,
probing it from new|firsttime| actual positions. Time came, when possibility came not only to
criticize, but also creatively to develop actual for Ukraine XXI in. ideas of legal acknowledgment of authoritative western
thinkers. As the known researcher of
legal studies B.C marks.
Nersesyants, there is
a necessity to lean against experience of the pas «at development of new theoretical conceptions,
on historically humanism traditions
which was folded and
approved as common to all mankind value [1]. In this relation Ñ. Pufendorf, using the elements of anthropological approach in the
politico – law studies, tried to connect the right ideas of
different forms of legal consciousness, characteristic for the forms of rationalism of natural sense of justice with the
legal ideas of orientation. Concentrating attention on country – law consciousness of individual not only within the limits of
the universal system of absolute
law but also at the terms of concrete social reality, Pufendorf to a certain
extent provided
for and considerably
developed a sociological right for understanding and law- confession , what substantially approached the
positive forms of sense of justice to their sinergistical prospects.
Preeminently positive law- confession of Pufendorfa
stipulated contradictions
in the estimation of
his creation the
West-European thinkers. Conception of co-operation of country – law consciousness|intelligent| and individual (in his concrete understanding as states
and individual) is built from the row
of ideas. A central
place occupies in it|her| idea of rights for an individual, which hatches from the natural necessities of man on life, freedom propert, formative catalogue of absolute laws of man. The special value in conception of
Pufendorfa gets an idea legal of centralized, but not simply distributive on branches, organizations of the system of state power. In politico – law consciousness of Pufendorfa realizable
attempt of distinction of civil
society and state, civil
sense of justice, and country – law .
Pufendorf offered the elaborate design of contractual relations between the state and individual. After
conception of Pufendorfa a limit
is between absolute country – law consciousness and individual - relative, this country – law consciousness plays a substantial role in determination of the last. The
additional guarantee
of observance of rights for an individual is realization of idea of legality both in activity
of public organs and in the actions of individuals. A static right comes forward in
conception of Pufendorfa that maintenance which links normatively legal and ideological world view
relations of different
forms of country – law
and individual legal
consciousness and
culture. It comes forward in Pufendorfa as a right is objective and as a right
is subjective, process is formed
as subjective and objective legal consciousness [2-4]. Objective sense of justice arises up
by a grant the state of rights to give
out an order, to discuss them and judicially carry out, based on a cleverness and justice, and subjective (positive) sense of justice arises up
through rational establishment of naturalness of freedom of man, which requires
obligatory verification its law, his
norms.
LITERATURE
1. History of
country – M: Yurist', 2008. – P. 4
2.
Pufendorf-Studien. Beitrage of zur of Biographie
Samuel von of Pufendorf| of und
seiner of Entwicklung of als of Historiker
of und theologischer of Schriftsteller of von of Detlef
Doring. - Berlin, 1992
3. Saasnamoinen K. The of morality
of the| fallen
man: S. Pufendorf of on natural.
- . Helsinki, 1995
4. Kurzenin E.B. S. Pufendorf at contract // Of Angliya of è of Evropa: problems of history : International study scinces task. – Arzamas: AGPI, 2008