Open AccessPolicy and law in the works of Ukrainian scientists of the late XIX – early XX centuries
Author(s) -
Oksana Kukuruz
Publication year - 2020
Publication title -
pravova deržava/pravova deržava
Language(s) - English
Resource type - Journals
eISSN - 2617-9776
pISSN - 0869-2491
DOI - 10.33663/0869-2491-2020-31-469-476
Subject(s) - lawmaking , law , politics , norm (philosophy) , political science , state (computer science) , sociology , democracy , comparative law , public law , law and economics , legislature , algorithm , computer science
The need for a comprehensive study of such important social regulators as politics and law actualizes the works of thinkers who created their political and legal concepts in conditions similar to the present – in a period of social transformation. The purpose of this article is to highlight ideas of O. Stronin, M. Drahomanov, B. Kistiakivskyi, S. Dnistrianskyi and V. Starosolskyi regarding the concepts of “policy” and “law”, the relationship between these phenomena.According to the results of the analysis, the author believes that the following ideas of scientists are original and useful for modern state-building and law-making: 1) all phenomena in society are interconnected; ensuring the real needs of society depends on the existence of law, justice and truth in it (O. Stronin); 2) an important basis of democratic policy is knowledge of the peculiarities of their country; science should be directed to the study of phenomena in dynamics; theory should provide scientifically sound practical guidance (M. Drahomanov); 3) it is impossible to create a single concept of law, because there are several such concepts; to develop the scientific policy and policy of law required; an interdisciplinary approach should be applied to the study of social phenomena (B. Kistiakivskyi); 4) policy and law have the same foundations; law is a norm of public life, and politics is a method of managing and predicting social relations; lawyers (“the right of lawyers”) must play an important role in the lawmaking process (S. Dnistrianskyi); 5) in studies of state and law, a dualistic (sociological-legal) approach should be used; the legitimacy of the state depends on the interpretation (legal or political) of the act of self-establishment of the state, political law; scientists should not only produce theoretical guidelines, but also develop practical recommendations (V. Starosolskyi).The article also emphasizes the significant contribution of the above-mentioned scientists to the development of methodology for the research of policy and law, as well as the understanding of science as a necessary basis for policy and law.