The purpose of the article is a comprehensive analysis of the issue of the judge’s interpretive activity from the standpoint of the judge’s cognition in such a process of unchangeable dualism of the factual circumstances of the case and the norm of the law. To achieve this goal, such methods as dialectic, comparative, formal-logical, communicative and phenomenological was used. The article deals with the approach according to which the judge's interpretive activity during professional occupation is a necessary method of specifying the content of abstract, relatively defined legal norms; and these norms become applicable in solving certain debatable questions. It is concluded that the judge creates the search for the best solution of a particular legal position. Reconciling the uniqueness of the law case and the formality of the legislative provisions resolving case is impossible without interpretive activity. One of the peculiarities of the dynamics of the interpretive activity of the European Court of Human Rights is its intellectual and creative nature; mechanical transformation of the norms of law into individual acts and "stereotype" application of previous court decisions are not admissible. The judge's interpretive activity combines rational-technical and existential-semantic levels, which necessitates a high level of personal and professional maturity of the judge. The problem of interpretation is not only technical skills in legislative provisions; it covers an important "standpoint" of the reality based on the professional experience and legal consciousness.
The article aims to study the genesis of the philosophical understanding of the law, from the Middle Ages to modern times. The reason for choosing such a significant period of time is that the purpose of the article is to trace the dynamics of understanding the philosophy of law. The methodological basis of this scientific article was formed by the most important approaches, methods and principles of historical research. A study was carried out on the genesis of philosophical understanding of the law, from the Middle Ages to modern times. The understanding of the philosophy of law in different eras of time was considered. In addition, the understanding of the philosophy of law during the Renaissance was examined in detail. The main ideas of law in the philosophical spins of the thinkers of the Enlightenment are considered. The characteristic features of the modern philosophy of law are determined.
Any science striving for the creative development of its content cannot be indifferent to its past, to the history of its ideas, discoveries, and conclusions. This idea is entirely related to the philosophy of law - one of the most ancient sciences of law. With the development of humankind, with the formation of the first states, there is a gradual departure from mythology, which is being replaced by philosophy and religion as forms of social consciousness. Traditions of human life are fixed in their norms. Among the norms, the norms of law also function. In the ancient East states, in which powerful theocratic monarchies took shape, the first philosophical and legal views were also formed. The peculiarity of the development of the coun- tries of the Ancient East, when the state became the owner of the land, slaves, etc., leaves its imprint on the formation of political doctrines about the state aimed at substantiating the despotism and omnipotence of the monarch.
The scientific article reflects the possibility of using various transcendental and existential issues of dogmatic theology in canon law. The modern world is intellectually saturated with various polemical phenomena in the field of supernatural knowledge. This knowledge needs to be annoyed by preschoolers, pupils and students, but the presence of different opinions creates difficulties for the teacher. For this purpose, certain pedagogical laws are used, which contribute to the formation of canon law.In particular, educational phenomena have given rise to relevant pedagogical laws. In the pedagogical literature, the pedagogical law is understood as a pedagogical category to denote objective, essential, persistently recurring phenomena under certain pedagogical conditions, the relationship between components of the pedagogical system, which reflects the mechanisms of self-realization, functioning and self-development of a holistic pedagogical system. We are talking about multifaceted connections, the relationship between several pedagogical phenomena in the field of development, education and training. The formation of pedagogical influence on a person has a complex long-term process. We can say that almost all phenomena of nature and society, for any such category have a pedagogical impact on man. This means that pedagogical laws can be classified in some way. With regard to canon law, this classification may be as follows: according to the imperatives of the Ten Commandments of God; according to the imperatives of the Nine Commandments of Beatitudes.
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