Axiology of law in civil society
The issue of the existence of law in society is considered through the definition of its value. The components that reveal the main issue of the research topic have been studied in detail. The study of each component of the problem under investigation determines the prerequisites for the existence and effectiveness of the impact of legal norms on society, which reflects the main purpose of law and its axiology in civil society. These components are the building blocks that make it possible to comprehensively explore the issues of the article.
The article considers the main elements of the axiology of law in civil society, defines the essence of law through the analysis of approaches to law understanding, which made it possible to establish the ontology of this concept. It is concluded that law is a means of regulating social relations and resolving contradictions between members of society. The author analyses such interrelated concepts as “society” and “social relations”. Society is defined as a set of individuals living in a certain territory with the aim of satisfying common interests, and social relations are defined as a form of interaction between members of society. Due to the diversity of interests of society members, contradictions arise in the course of their interaction, which are resolved through legal norms that establish generally binding, formally expressed rules of conduct. In other words, society becomes civil through the existence of a mechanism of legal regulation of the behaviour of its members, establishment of legal statuses of persons, which is expressed in the existence of rights and obligations, as well as the exercise of public administration, defence of their rights and legitimate interests, through the creation of appropriate types of public institutions.
It has been concluded that law is the main means of regulating society, which exists to resolve contradictions and regulate social relations by establishing generally binding, formally expressed, template rules of conduct which enable members of society to coexist and develop. Also, by establishing the legal statuses of individuals, members of society are given the opportunity to unite in public organisations, whose members can protect their rights and legitimate interests, influence the authorities, and protect themselves from arbitrariness on the part of the state.
Adloff, F. (2017). Civil Society. The Wiley-Blackwell Encyclopedia of Social Theory. https://doi.org/10.1002/9781118430873.est0435.
Alais, S. I. (2002). The problem of legal understanding in the main schools of law [Candidate dissertation, Kharkiv National University of Internal Affairs].
Andrushchenko, V. P., Huberskyi, L. V., & Mykhalchenko, M. I. (2006). Social philosophy. History, theory, methodology. Genesis.
Austin, J. (1885). Lectures on Jurisprudence, or The Philosophy of Positive Law. John Murray.
Babenko, K. (2008). Systemic foundations of establishing the legal status of a person in the Constitution of Ukraine. Viche, 3, 56–59.
Bandurka, A. M., Holovko, O. M., Perederii, O. S et al. (2018). Theory of state and law (O. M. Bandurka, Ed.). Kharkiv National University of Internal Affairs.
Bondarenko, V. A., & Pustova, N. O. (2021). Legal influence in the system of social influence. Social and Legal Studios, 2(12), 12–18. https://doi.org/10.32518/2617-4162-2021-2-12-18.
Halunko, V. V., Olefir, V. I., Pykhtin, M. P. et al. (2011). Administrative law of Ukraine. Vol. 1 (V. V. Halunko, Ed.). Kherson City Printing Company.
Husariev, S. D., & Tykhomyrova, O. D. (2017). Theory of the state and law. National Academy of Internal Affairs; Education of Ukraine.
Kelman, M. S. (2007). General theory of the state and law. New World.
Kotiuk, V. O. (1996). Theory of law: a course of lectures. Venturi.
Kravchenko, V. V. (2004). Constitutional law of Ukraine. Attica.
Krossa, S. (2012). European Society. The Wiley-Blackwell Encyclopedia of Globalization. https://doi.org/10.1002/9780470670590.wbeog187.
Pashchenko, V. (2005). The concept of “citizenship” and the theory of civil society. Political management, 2(11), 118–126.
Pavlenko, R. (1996). Dynamics of civil society in Ukraine. New policy, 5, 16–26.
Pavliuk, N. M. (2022). Legal nature and the concept of civil legal relations: general theoretical research. Juridical Scientific and Electronic Journal, 3, 100–102. https://doi.org/10.32782/2524-0374/2022-3/21.
Peresh, I. Ye., & Fridmanskyi, R. M. (2021, May 27–28). Legal positivism as a prerequisite for the emergence of the sociology of law [Conference presentation abstract]. XIII International Scientific and Practical Conference “Transcarpathian legal readings. Development of the legal system and European integration of Ukraine”, Uzhhorod, Ukraine.
Petev, V. (2002). A Socio-Axiological Concept of Law. Ratio Juris, 12(3). https://doi.org/10.1111/1467-9337.00123
Poliakov, A. V. (2006–2007). Communicative approach in the general theory of law. Problems of the philosophy of law, IV-V, 60–67.
Pound, R. (1942). Social control through law. Yale University Press; Oxford University Press.
Ray, L. (2019). Society. The Blackwell Encyclopedia of Sociology. https://doi.org/10.1002/9781405165518.wbeoss200.pub2.
Rechytskyi, V. V. (1998). Constitutionalism: Ukrainian experience. Folio.
Tsvykh, V. F. (2002). Trade unions in civil society: theory, methodology, practice. Kyiv University.
Voitenko, T. O. (2002). Civil society in Ukraine: analysis of social construction. Kyiv.
Zaiets, A. P. (1999). The rule of law in the context of the latest Ukrainian experience. Parliament Publishing House.
Copyright (c) 2023 S. G. Pevko
This work is licensed under a Creative Commons Attribution 4.0 International License.