乌克兰法律传统和15世纪至20世纪初法律文件中的“自由”概念

L. V. Khudoyar
{"title":"乌克兰法律传统和15世纪至20世纪初法律文件中的“自由”概念","authors":"L. V. Khudoyar","doi":"10.33663/2524-017x-2021-12-44","DOIUrl":null,"url":null,"abstract":"The article is devoted to the consideration of the legal aspect of the concept of «liberties» in the historical and legal reality of the XV – early XX centuries. Researchers’ interpretations of the meaning of the concept of «liberties» of the Middle Ages and the Cossack-Hetman era are considered. An attempt has been made to consider the notion of «liberties» in relation to the notion of «rights» and the legal tradition of the time. It is noted that by the eighteenth century. the actual meaning of the concept of «liberties» was the legal status of a person, group of persons, full status, as well as the legal regime of the territory.\n\nThe concept of «liberties» for five hundred years reflected the dynamics of social values by enshrining them in legal documents and the rule of law. This concept has evolved in accordance with the transformations of legal reality and legal life of society, the genesis of legal understanding, the development of legal terminology and the conceptual apparatus. The course of the struggle of the Ukrainian population for their rights and freedoms led to the dominance of the problem of rights and freedoms in the legal consciousness and in the legal life of the then Ukrainian society. The meaning of the concept of «liberties» was formed as a result of a combination in the minds of the people of the Western philosophical tradition, religious, spiritual and legal values and ideology of the then Ukrainian politicum. For a long period from XV to XVIII centuries. in fact, the meaning of the concept of «liberties» was the legal status (scope of rights and freedoms) of a person, group of persons, estates, as well as the legal regime of the territory. In the early twentieth century. the concept of «liberties» was included in the texts of the constitutional acts of the UPR. This is explained, in our opinion, by two reasons: the authors’ attempt to emphasize the longevity and continuity of the national legal tradition and the imperfection of the terminology and the then conceptual apparatus of legal science. However, other variants of the meaning of the concept of «liberties» are not excluded, in particular, in the understanding of the political rights of a particular community. This question requires further, deeper research.\n\nKeywords: liberties, law, freedom, Ukrainian legal tradition, legal status of the Ukrainian population, legal regime of the territory of residence of the Ukrainian population, legal values","PeriodicalId":359905,"journal":{"name":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","volume":"57 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The concept of «liberties» in the Ukrainian legal tradition and legal documents of the XV – early XX centuries\",\"authors\":\"L. V. Khudoyar\",\"doi\":\"10.33663/2524-017x-2021-12-44\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article is devoted to the consideration of the legal aspect of the concept of «liberties» in the historical and legal reality of the XV – early XX centuries. Researchers’ interpretations of the meaning of the concept of «liberties» of the Middle Ages and the Cossack-Hetman era are considered. An attempt has been made to consider the notion of «liberties» in relation to the notion of «rights» and the legal tradition of the time. It is noted that by the eighteenth century. the actual meaning of the concept of «liberties» was the legal status of a person, group of persons, full status, as well as the legal regime of the territory.\\n\\nThe concept of «liberties» for five hundred years reflected the dynamics of social values by enshrining them in legal documents and the rule of law. This concept has evolved in accordance with the transformations of legal reality and legal life of society, the genesis of legal understanding, the development of legal terminology and the conceptual apparatus. The course of the struggle of the Ukrainian population for their rights and freedoms led to the dominance of the problem of rights and freedoms in the legal consciousness and in the legal life of the then Ukrainian society. The meaning of the concept of «liberties» was formed as a result of a combination in the minds of the people of the Western philosophical tradition, religious, spiritual and legal values and ideology of the then Ukrainian politicum. For a long period from XV to XVIII centuries. in fact, the meaning of the concept of «liberties» was the legal status (scope of rights and freedoms) of a person, group of persons, estates, as well as the legal regime of the territory. In the early twentieth century. the concept of «liberties» was included in the texts of the constitutional acts of the UPR. This is explained, in our opinion, by two reasons: the authors’ attempt to emphasize the longevity and continuity of the national legal tradition and the imperfection of the terminology and the then conceptual apparatus of legal science. However, other variants of the meaning of the concept of «liberties» are not excluded, in particular, in the understanding of the political rights of a particular community. This question requires further, deeper research.\\n\\nKeywords: liberties, law, freedom, Ukrainian legal tradition, legal status of the Ukrainian population, legal regime of the territory of residence of the Ukrainian population, legal values\",\"PeriodicalId\":359905,\"journal\":{\"name\":\"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE\",\"volume\":\"57 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33663/2524-017x-2021-12-44\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"THE INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33663/2524-017x-2021-12-44","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

本文致力于在15世纪至20世纪初的历史和法律现实中考虑“自由”概念的法律方面。研究人员对中世纪和哥萨克-黑特曼时代的“自由”概念的含义进行了解释。人们试图将“自由”概念与“权利”概念和当时的法律传统联系起来考虑。值得注意的是,到了18世纪。“自由”概念的实际含义是一个人、一群人的法律地位、完全地位以及领土的法律制度。五百年来,“自由”的概念通过将其载入法律文件和法治,反映了社会价值的动态。这一概念是随着法律现实和社会法律生活的变化、法律理解的起源、法律术语和概念工具的发展而演变的。乌克兰人民争取其权利和自由的斗争过程导致权利和自由问题在当时乌克兰社会的法律意识和法律生活中占主导地位。“自由”概念的含义是人们心中西方哲学传统、宗教、精神和法律价值以及当时乌克兰政治意识形态的结合的结果。从十五世纪到十八世纪的很长一段时间。事实上,“自由”这一概念的含义是指一个人、一群人、阶层以及领土的法律制度的法律地位(权利和自由的范围)。在二十世纪早期。“自由”的概念被列入普遍定期审议的宪法法案的案文中。我们认为,有两个原因可以解释这一点:作者试图强调国家法律传统的长期性和连续性,以及术语和当时的法学概念机构的不完善。然而,“自由”概念含义的其他变体并没有被排除在外,特别是在对特定社区的政治权利的理解中。这个问题需要进一步深入的研究。关键词:自由,法律,自由,乌克兰法律传统,乌克兰人口的法律地位,乌克兰人口居住地区的法律制度,法律价值
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The concept of «liberties» in the Ukrainian legal tradition and legal documents of the XV – early XX centuries
The article is devoted to the consideration of the legal aspect of the concept of «liberties» in the historical and legal reality of the XV – early XX centuries. Researchers’ interpretations of the meaning of the concept of «liberties» of the Middle Ages and the Cossack-Hetman era are considered. An attempt has been made to consider the notion of «liberties» in relation to the notion of «rights» and the legal tradition of the time. It is noted that by the eighteenth century. the actual meaning of the concept of «liberties» was the legal status of a person, group of persons, full status, as well as the legal regime of the territory. The concept of «liberties» for five hundred years reflected the dynamics of social values by enshrining them in legal documents and the rule of law. This concept has evolved in accordance with the transformations of legal reality and legal life of society, the genesis of legal understanding, the development of legal terminology and the conceptual apparatus. The course of the struggle of the Ukrainian population for their rights and freedoms led to the dominance of the problem of rights and freedoms in the legal consciousness and in the legal life of the then Ukrainian society. The meaning of the concept of «liberties» was formed as a result of a combination in the minds of the people of the Western philosophical tradition, religious, spiritual and legal values and ideology of the then Ukrainian politicum. For a long period from XV to XVIII centuries. in fact, the meaning of the concept of «liberties» was the legal status (scope of rights and freedoms) of a person, group of persons, estates, as well as the legal regime of the territory. In the early twentieth century. the concept of «liberties» was included in the texts of the constitutional acts of the UPR. This is explained, in our opinion, by two reasons: the authors’ attempt to emphasize the longevity and continuity of the national legal tradition and the imperfection of the terminology and the then conceptual apparatus of legal science. However, other variants of the meaning of the concept of «liberties» are not excluded, in particular, in the understanding of the political rights of a particular community. This question requires further, deeper research. Keywords: liberties, law, freedom, Ukrainian legal tradition, legal status of the Ukrainian population, legal regime of the territory of residence of the Ukrainian population, legal values
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信