The necessity of the creation of the universal theory of law, or the essence and problems of the modern fundamental jurisprudence

Calvinist jurist Johannes Althusius (1557–1638) developed what he called a ‘universal theory’ of law and politics for war-torn Europe. He called for written constitutions that separated the executive, legislative, and judicial powers of cities, provinces, nations, and empires alike and that guaranteed the natural rights and liberties of all subjects. To be valid, he argued, these constitutions had to respect the universal natural law set out in Christian and classical, biblical, and rational teachings of law, authority, and rights. To be effective, these constitutions had to recognize the symbiotic nature of human beings who are born with a dependence on God and neighbour, family and community, and who are by nature inclined to form covenantal associations to maintain liberty and community. Althusius left comprehensive Christian theory of rule of law and politics that anticipated many of the arguments of later Enlightenment theorists of social and government contracts.

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REVISITING THE CONCEPT OF “COMPARATIVE LAW”

Journal of Foreign Legislation and Comparative Law ◽

10.12737/article_58ec9f5844ccb8.60659374 ◽

2017 ◽

pp. 12-16

Author(s):

Алексей Егоров ◽

Aleksey Egorov

Keyword(s):

Comparative Law ◽

Universal Theory ◽

Legal Science ◽

Legal Nature ◽

Science Approach ◽

Theory Of Law ◽

Definition Of ◽

Legal Methodology ◽

Theoretical Science ◽

Normative Content

The article analyzes one of the main categories of comparative jurisprudence — “comparative law”. The alternative to the general legal theoretical science approach to consider comparative law as the doctrinal part of comparative law has been offered. The article analyzes Western and Russian approaches to the definition of the terms “comparative law” and “comparative jurisprudence”. The term “comparative law” is analyzed from the point of general legal methodology. The concept “comparative jurisprudence” has a broader content and together with methodological part of comparative legal science includes the components of both scientific and educational character. The author pays attention to the absence of normative content in the understanding of the term “comparative law” indicating exceptionally doctrinal legal nature of this phenomenon. The inner structure of comparative law depends on the system of formation and interaction of the objects of comparative jurisprudence. It is mentioned that this approach does not contradict in principle to the true opinion concerning the division of the whole comparative jurisprudence into general and special parts. The author emphasizes the necessity of the complex use of the terms “comparative law” and “comparative jurisprudence”. The necessity of formation of new category of comparative legal science – the “universal theory of law”, which has a supranational character has been proved. The scientific and educational approaches for distinguishing the concepts “comparative law” and “comparative jurisprudence” have been analyzed.

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Formation of the legal system theory in Legal science (Part 2)

Law Review of Kyiv University of Law ◽

10.36695/2219-5521.1.2020.03 ◽

2020 ◽

pp. 26-33

Author(s):

Larysa Udovyka

Keyword(s):

General Theory ◽

International Law ◽

Legal System ◽

Comparative Law ◽

Universal Theory ◽

Legal Systems ◽

Philosophy Of Law ◽

Territorial Integrity ◽

Legal Science ◽

Theory Of Law

The article is devoted to the study of the formation of the theory of the legal system in legal science. The third stage in the development of the theory of law is characterized system, which begins at the beginning of the second decade of the XXI century. and continues to this day. t this stage, the interpenetration of ideas, provisions, conclusions about the development of the legal system within the legal sciences and areas that study the legal systems: the theory of state and law, comparative law, international law, philosophy of law is increasingly being traced. This stage is characterized by the search for answers to the question of approximation of the domestic legal system to European law; the mechanism of interaction between the national legal system and the EU legal system; features of systematization and unification of legislation at the stage of legal integration; directions of transformation and modernization of the legal system of Ukraine in the context of European integration and globalization, etc. The interpenetration of ideas and provisions largely reflects the objective process of strengthening and deepening the interaction of national and international legal systems, the inability to answer the vast majority of questions that arise in this regard, limited only to national or international law In recent years, the legal system of Ukraine, along with the traditional ones, has faced fundamentally new problems caused by external factors, including such as the establishment and consolidation of European foreign policy priorities, the search for effective legal means to counter threats to independence, national sovereignty, territorial integrity, territorial integrity, territorial integrity, energy threats, protection of citizens' rights violated as a result of annexation of Crimea, occupation in eastern Ukraine. Solving these and other problems is possible only through a comprehensive, systematic understanding, based on the achievements of the general theory of law, comparative law, international law, philosophy of law with the use of new approaches and methods, that is, within the framework of the general (universal) theory of law. The peculiarities of the development of legal science at this stage at the present day raise the question of the need to form a universal (general) theory of law as a conceptual basis of the theories of national and international law.

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Nonclassical mythology on the cognitive problems and capabilities of myth ontology

Философская мысль ◽

10.25136/2409-8728.2021.10.36441 ◽

2021 ◽

pp. 1-10

Author(s):

Andrey Vladimirovich Stavitskiy

Keyword(s):

Scientific Research ◽

Universal Theory ◽

Cognitive Research ◽

Classical Mythology ◽

The Creation ◽

And Function ◽

Cognitive Problems

This article is dedicated to the cognitive and epistemological peculiarities of the myth, which can be better understood relying on the principles and approaches of nonclassical science. The article discloses the key reasons for incomprehension of the myth by science, and explains the ways for its overcoming based on the broader sense of the myth. Within the framework of this paradigm, myth is viewed as a cultural universal, where mythmaking is a quality and function of consciousness. Such myth long ago has transcended the representations and formulas of classical mythology, and requires different attitude, considering the latest research (A. A. Gagaev, A. M. Lobok, V. M. Naydysh, and others). These studies indicate that modern (nonclassical) myth can be grasped only with consideration of latest discoveries in psychology, semiotics, and cognitive research, which prove that people have always been engaged in mythmaking, not just at the dawn of humanity. This means that on the agenda of scientific research of myth is the problem of existence of another nonclassical mythology and the creation of the universal theory of myth. All major elaborations of the leading theories of myth of the XX century are successfully synthesized within the universal theory of myth in accordance with the principle of mutual complementarity. This topic is increasingly relevant, and opens up new opportunities for science, fundamentally changing its perception of myth.

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The role of affect in feelings of obligation

Behavioral and Brain Sciences ◽

10.1017/s0140525x19002449 ◽

2020 ◽

Vol 43 ◽

Author(s):

Stefen Beeler-Duden ◽

Meltem Yucel ◽

Amrisha Vaish

Keyword(s):

Positive Emotions ◽

The Creation ◽

Sense Of Obligation

Abstract Tomasello offers a compelling account of the emergence of humans’ sense of obligation. We suggest that more needs to be said about the role of affect in the creation of obligations. We also argue that positive emotions such as gratitude evolved to encourage individuals to fulfill cooperative obligations without the negative quality that Tomasello proposes is inherent in obligations.

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