Understanding of Law. From the moment of its independence, Ukraine embarked on a journey of redefining its social, economic, and legal landscapes. The proclamation of the inviolability of private property and the freedom of enterprise marked a sharp departure from socialist legality, ushering in a new era defined by the principle of the rule of law. This transformation calls for a profound rethinking of the basic tenets of legal theory, presenting both challenges and opportunities for modern legal thought.
The Shifting Paradigm of Legal Understanding
The development of law is inherently dynamic, shaped by the unique trajectories of society and history. The conceptual differences in how law is understood today reflect this evolution, with approaches varying from viewing law as a set of legal phenomena, an organization of public order, to perceiving it as “the mind in action.” These perspectives underscore the absence of a unified understanding of law. Each legal school offers its own interpretation, enriching the discourse yet complicating the quest for a universal concept.
This diversity of thought is not merely academic; it shapes the framework through which legal phenomena are analyzed and understood. As society redefines itself, so too must law adapt, necessitating the creation of modern legal concepts that resonate with contemporary realities.
The Dual Aims of Legal Science