Analysing going near the study of modern Ukrainian
legal consciousness,
mark that last, as
typically deviant wide disciplinary
constants, requires the use
of wide instrumental
base of integral methodological approach in
relation to its
study. Modern legal science has two theoretic maximum, going near determination of scientific basis|foundation| of research of legal consciousness: traditional linear positive and untraditional nonlinear unpositive. These two approaches are determined by two
limits of adequate legal
awareness of reality, forming the same methodologically legal paradigm by
actual reflex
consciousness of
legal attitude toward the
world as his cognition (A.A. Kozlovskiy) [1-5].
Under
methodologically legal understand the aggregate of proof|firm| current legal norms, methodologies and methods of science- theoretic
organization of empiric legal life, a paradigm on ideological - world view
level as an of principle model of purpose legal sensebirth within the limits of
informal, mentally structured,
succession of legal consciousness
as structural
of ethnotradition
(national consciousness). Analogical or similar researches an author finding was not
succeeded. Before by us
was the decision of the noted aspect founded to a certain extent. The first approaches have soil an old base of dialectical soviet
materialism, second –
methodology of synthetic (synthesize) philosophy,
mediated synergetics of sense of justice. In such correlation methodology of postsoviet legal
positivism, as a variety of linear methodology, becomes|stands| the ordinary method of methodology of synthetic (synthesize) philosophy, which at nonlinear the synergetics of sense of justice
is field spring
and multyperspective.
Modern trying
to undestand of crisis rigths requires to use active methodologies which, probing|explore| the different sides
of lawdevelopment “devirgented”, substantial lines,
properties and
functions, find them, and among them identify one,
conceptual
well-off paradigm characterize veritable
nature much development rigthdeviant in
their unique essence
which will nurse
existence of legal things
from a necessary purpose, and
last - from the natural idea of right, rigth-build,
carried out nobody other as by a man, after our methodologically legal by
terminology by the primary subject of legal consciousness (by a physical person),
and consequently logically
existence and cognition
of human idea. In
quality of such standard
can
recommend methodology of
transcendental synthetic philosophy as studies about logical,
gnosiological, ontological, phenomenal, ethics-axion, ethics-deontology
possibilities in
cognition as right
(A.A.Kozlovskiy), first at for some
time past "revolutionary" actual in the scientific world doctor
of legal sciences L.V.Petrovoy. The noted methodology allows, in our view, in
universally theoretical to discover true a plane|flatness| the aim posttotality right,
including rigthrefxion which
will nurse rights from
an idea, ontological is supposed in a development
relation,
methodologically orientated on the idea of right as initial|primary| measure and scale of posttotality
correlations of the Ukrainian right and orientated on its searches. In this context, consider, more clear is natural essence of transitional, reflexion deviant rightrealization, that
ontological go out
from gnosiological - theology essence of genesis, specific of legal awareness, reflected in deviant
sense of justice with the dominant sources of system deviations of posttotality
paradigm orientated.Methodology of legal positivism is|appear| the system, methodology of synergetics of
right and sense of justice is
structural.
LITERATURE
1. Dmitrienko Y.N. The Modern picture of the legal world: small|mini| legal indignations as sinergistical dominants of nonlinear development
of Ukrainian deviantual sense
of justice of // Are the New
paradigm. Almanac of scientific
labours. Vip.31. - Zaporozhzhya, 2003.
- N. 193-207
2. Dmitrienko Y.N. To cyclic nature of sense of justice as problem of it methodological comprehension //
Right and safety.
Scientific magazine. -
N 2003/2'1. - Kharkiv: NUVs, 2003. - P. 19-23
2.
Dmitrienko Y.N. Legal nature of traditional and untraditional modern
societies in the context of deviantual
sense of justice of // Issues of the day of the state and right. Vip.15. -
Odesa, 2002. - N. 158-166
3. Dmitrienko Y.N. The Traditional and
untraditional models of legal posttotalitarian reflections // Of Uchenye of message of Tavricheskogo of
national university of name
V.N.Vernadskogo. Tom 15
(54)
4. Dmitrienko Y.N. Legal nature of traditional
and untraditional modern societies in the context of deviantual sense of justice of // Issues of
the day of the state and right. Vip.15.
- Odesa, 2002. - N. 158-166
5.
Dmitrienko Y.N. Philosophical-legal problems of legal consciousness: a historical
retrospective view of // Is issues of
the day of the state and right. Vip.
16. - Odesa, 2002. - N. 123-131