
The dialectics of cyclicity in the development of law.
Author(s) -
Yuriy Vedyernikov,
Vasyl Tkachenko,
Volodymyr Shestakov
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-3-16-22
Subject(s) - dialectic , denial , law , transition (genetics) , jurisprudence , epistemology , philosophy , political science , psychology , biochemistry , chemistry , psychoanalysis , gene
The dialectic of cyclicity in the system of dual natural and positive law, as the transition from one opposite to another, involution to evolution, quantitative transformations into qualitative and actually regular cyclicity of crises and stability in the legal system is studied. The dialectic of cyclicity in law occurs as constant oscillating processes of transition from one opposite to another, natural law into positive, involution into evolution, quantity into quality, crisis into stability, and development in a circle gradually turns into a spiral. Defining and substantiating the phases and stages of the cycle allows us to demonstrate the development of a particular cycle and the driving mechanisms of this transformation – the laws of dialectics, in particular, the unity and struggle of opposites in law, the transition from quantity to quality, denial of the old and so on. Oscillatory processes are manifested in opposites of phases and stages of cycles, and small cycles of development of law are embedded in large ones, where each cycle is part of a larger cycle, and that in turn is even larger, and so on. The end of one cycle leads to the transformation of the legal system and its manifestation in a new form and content at a new level of the spiral of development. Ways to overcome the crisis in the legal system should be sought, first of all, in the updated methodological principles of cyclicality in jurisprudence based on the ideas of natural law, based on the principles and laws of dialectics, laws of philosophy of law, and in combination with other branches of modern knowledge.