Muzyka I. V. The influence of the theoretical foundations of liberalism on the formation of the sociological trend in the domestic legal thought
The work highlights the impact of theoretical foundations of liberalism, such as the absolute value of the human person; freedom and legal (formal) equality of all people; democracy; recognition rational and moral principles of human nature; recognition of the state and society and guarantee of inalienable human rights and freedoms and the autonomy of individual will and others. The formation of the subject of science sociology of law and development of sociological legal understanding are analyzed.
The development of sociological trend in jurisprudence is not necessary to associate only with the movement against positivism, caused by the advent of powerful currents critics of positivism in Western philosophy of the late nineteenth century. Becoming a sociological trend in domestic jurisprudence is largely driven by the spread of the main provisions of the theory of liberalism.
Attention of the social scientists of law was focused “ideological core” liberal concept of rights: the recognition of rational and moral principles of human nature; inalienable rights and freedoms, autonomy of individual liberty (“personal immunity”), the rule of law, which is a form of expression of justice; creating a state on the basis of general consensus for the protection and realization of human rights and freedoms; recognition of people (civil society) as source of power and law; recognition of the principle of mutual responsibility between the state and the individual, the state and civil society; limited influence and activities of the state through the transfer of certain functions to the civil society that is possible, given the social (economic, political, etc.) active citizens and a high level of general, political and legal culture; state control over the activities of civil society and others.
The object of sociology of law, as opposed to normativism, was not only system standards abstract and formal, established or recognized by the state standards, but the law as a social and cultural phenomenon, the main manifestations of which are legal relations, legal culture and legal consciousness; the interplay of law and other social phenomena (politics, economy, ideology, religion); the interplay of law and society, social groups and organizations (state, church, civic associations, ethnic groups, classes, etc.); law as a tool for solving social conflicts; operation of law; law as a system of values (human or individual society); law as a measure of freedom, and how certain features (rights and freedoms) rights; law as a means of human interaction.
Subsequently, reverse impact of the sociology of law on the development theory liberalism. Thanks to the sociology of law, legal research no longer seen as a purely legal and acquire a general nature.
These processes gave a powerful impetus to the development of sociological trend in the domestic legal thought. In sociological concepts of domestic law lawyers Y. S. Gambarov, M. A. Hredeskul, D. A. Dril, L. J. Petrazhitsky, A. A. Piontkovsky, E. V. Spektorsky, B. O. Kistiakiwsky, S. S. Dnistriansky, O. O. Malinowski, M. P. Chubinsky and others, law is considered as a unique phenomenon of social reality that is reflected in the practice of law, legal facts, legal affairs and the law. This opinion is followed F. V. Taranovsky, V. V. Starosolsky, M. S. Shapoval, S.V. Pahman.
Key words: history of sociology of law, sociological trend in the domestic legal thought, the theory of liberalism, the subject of science sociology of law, the basic foundations of liberalism.