Dmitrienko Y.M., Ph.D., bread-winner of scientific
degree of doctor of legal sciences of the Kiev National research university,
the name of T. Shevchenko (Kyiv city)
GOING IS NEAR STUDY OF UKRAINIAN DEVIANTAL SENSE OF JUSTICE AS PARADIGM OF
MARGINAL RIGTHREFLEXION TRANSITIONAL RIGHTLEAVING
Posttotality times,
as well as "axial", are the periods of change, creation or "remembering",
mentally structured,
ideological world view the fields of global, of conceptually principle, science-theoretic and practical changes, as a rule have by the original sources of deviation of lawunderstanding experimental|experienced| transaggression|. It is the
field, after researches of author keeps and develops but
whether other legal tradition, functional effectiveness of what certain
cycle it social activity (high, middle,
low and crisis), and also character of deviation rigthsensible|, implicated in the transitional requirements of postsoviet socially [1]. Will mark,
probing the question of
methodological determinology
deviantal at lawunderstanding transitional
rightlegislative life, that the crisis cycle of the social activity
has a modern level of rigthsensible of the real
sociallegal life and space. The last is arhitypes typical
for transitional, crisis, deviant
societies which|what| develop after typically|model| situation no-linear by principle and proper
conformities (by laws) to law of synergetic and nonlinear ideological world
view thought (
cognition).
Consider that in the
crisis loop of social activity finally directive of
linear, historical principle of legal (legislative) awareness of posttotality changes and final claim took place, evolutional principle of lawunderstanding and rightlegislative at level ideological world view to the break of natural, mentally structured, succession of
legal tradition, presented in the noted loop of
social activity of ordinary
sense of justice [1]. For stable societies, traditional
legal societies, by
proof (strong) legal
tradition which executes the functional actions, characteristic not crisis linear cycles of social activity of sense
of justice [1]. For traditional legal societies which serve as the certain base
of functional
experience of world
rightlegislative normative,
maintenanceformation,
consider, characteristic after linear, uncrosses type by the cycles of social
activity of sense of justice, dominant of linear, system
well-organized,
linear elements (legal idea, idiom, tradition, legal ideal) of rightlegislative
reflection of legal idea, in a legislative norm as concretely historical legislative truth. These system elements of interrelations are correlated due to nonlinear
structural elements:
bonds, ground, states, cycles
of activity, well-off
preeminently for certain|definite| evolutional historical terms to change or
linear development principle on
nonlinear, or vice versa. From the terms of transitional life of right and law,
accordingly there is
a dominant of
nonlinear principles of righttranformations that enables to
carry out an optimum manner and history-resonance matter of that nonlinear structural connections which will be able system to outline
mental rigthdemands in the
context of world rigthnecessity.
As a functional
model of legal reconfiguration of postsoviet
"Great Powers", deviantal paradigmal rigthrealization is that effectively by the alternative world view invariant of
ideological synergetic which propose deviantal sense
of justice as a world view - legal paradigm of transitional (deviantal) life.
Literature
1. Dmitrienko Y.N. Some
methodological problems of social policy in the context of deviant sense of justice of //Public’s political
problems: politology, legal
aspects. 10 the Kharkiv political science reading.Collection sciences of the
articles.-
Kh. 2000. - P. 52-53