Formation of the Philosophy of Law of Ukraine and the USA under the Influence of Individualist Views: A Consideration through History Aspect
Abstract
The relevance of such a study is that when considering modern Ukraine there is an active interest of philosophers, scientists, lawyers in the study, definition and reconstruction of philosophical and legal studies of the legal system of Ukraine, due to the previous loss of uniqueness because of the totalitarian Soviet regime. The concept of individualism and its impact on the legal system plays an important role in many modern states, including the United States. Individualism, first of all, substantiates personal freedoms, emphasizes the value of an individual. This approach creates a human rights institution that is defined in each state and is protected from interference as a matter of priority. The aim is to study and reveal the concept and nature of the concept of individualism in the philosophy of law, determine its role in shaping the legal system of modern Ukraine and compare the impact of the concept of individualism on the legal system of Ukraine and the United States. This study used the dialectical method, historical and legal method, comparison, analysis and synthesis. The result of this article is a comparison that will allow to understand the influence of individualism on the formation of the system of Ukrainian social consciousness in contrast to the assertion of the consciousness of society under the influence of individualism in the United States.
References
[2] Balynska, O.M., Tokarska, A.S., and Yashchenko, V.A. 2017. Current Issues of Philosophy of Law. Lviv Department of Internal Affairs.
[3] Biks, B.O. 2013. On philosophy in American law: analytical philosophy of law. Bulletin of Tomsk State University. Philosophy. Sociology. Political Science 2: 211-218.
[4] Crowe, J. 2019. Natural Law and the Nature of Law in a Nutshell. Australasian Journal of Legal Philosophy 2: 100-105.
[5] Danilyan, O.G. (Ed.). 2009. Philosophy of Law. Pravo.
[6] Donchenko, O.I. 2017. Collectivism and individualism as factors in the formation of the legal mentality. State of Law 4: 13-20.
[7] Donchenko, O.I. 2016. Peculiarities of the spread of European liberal ideas in Ukraine in the second half of the 19th century. Relevant Problems of Domestic Jurisprudence 6: 3-6.
[8] Gribakin, A.V. 2020. Ontology of individual rights. Human and Society 18(3): 122-134.
[9] Gryshchuk, O.V. 2019. Philosophy of Constitutional Values. VAITE Company.
[10] Gryshchuk, O.V., and Slyusarchuk, Kh.T. 2018. Liberalism and communitarianism in the philosophical and legal dimension. Khmelnytsky University of Management and Law.
[11] Kornelyuk, Y. 2019. Positive and natural law of understanding in the works of B. Kistyakivsky. National Legal Journal: Theory and Practice 5: 10-14.
[12] La Torre, M. 2017. Evolution of law and claim to ‘progress’: A modest philosophy of history of law. Ragion Pratica 1: 197-224.
[13] Maslova, A.O. 2019. Chinese and American dream from a cultural perspective: a comparative analysis. Culture and Art in the Modern World 12 (3): 160-168.
[14] Meizhis, I.A., and Pochebut, L.G. 2015. Individualism or collectivism? In Socio-psychological View of the History and Political Culture of Ukraine. Nauka.
[15] Menshenina, A.E. 2018. Western European and East Asian political values: points of confrontation and conditions of rapprochement. Gileya: Scientific Bulletin 139: 123-127.
[16] Nesprava, M.V. 2019. Philosophy of human rights: Return to spiritual sources. Philosophy of Law 4: 121-127.
[17] Ryzhuk, Yu.M. 2017. Philosophy of natural law in the system of general legal principles of the doctrine of human rights. Scientific Bulletin of Kherson State University 8: 25-29.
[18] Savenkov, A.N. 2019. Philosophy of law and legal thinking: History and modernity. Voprosy Filosofii 8: 38-48.
[19] Sesma, V.I. 2019. Equality before law: Analysis of some objections from legal philosophy. Doxa. Cuadernos De Filosofia Del Derecho 42: 131-148.
[20] Shaw, B. 2017. Ultra-modern thoughts: Political theology in leo strauss’s philosophy and law. History of European Ideas 43(7): 791-807.
[21] Zakhartsev, S.I., and Salnikov, V.P. 2017. Thinking about the essence of law: a comprehending approach. The State of Law: Theory and Practice 1(47): 13-30.
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