Philosophical bases of property and paradigm of ownership

Автор: Evgeny A. Karpov

Журнал: Сервис plus @servis-plus

Рубрика: Культура и цивилизация

Статья в выпуске: 1 т.14, 2020 года.

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The aim of the study is to analyze the philosophical nature of property and the paradigms of ownership. During the study, the genesis of philosophical thought about property, the change in its philosophical and scientific paradigms, the identification of the general laws of the development of thinking about property and the right of ownership are traced. Object of study — philosophical views on property and ownership. The subject of the study is the philosophical phenomenon of ownership and property rights. Based on the results of the study, the following conclusions are made: philosophical views on property developed according to the law of dialectics through the unity and struggle of two opposites in the form of private and public interests, which led to a transition to a qualitatively new state, by denying only the “private” interests of a person in ownership. With the development of jurisprudence in Europe, as a theoretical science, which will subsequently be based on the principle of hermeneutic interpretation of property, two major scientific paradigms of ownership are being formed: in the Anglo-Saxon legal family, one can speak of “dispersing” property — disseminated property right in the form of a complex separate ownership. In the Romano-Germanic legal family, a consolidated in the concept of ownership right-a centralized ownership right has formed, the hermeneutical interpretation of which occurs within the framework of a given concept.

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Property, ownership, dialectical development, paradigm, hermeneutic interpretation, legal system, positive law, legal worldview

Короткий адрес: https://sciup.org/140249731

IDR: 140249731   |   DOI: 10.24411/2413-693X-2020-10108

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