Epistemological aspects of constitutional law

Автор: Kochev V.A., Romashov P.A.

Журнал: Ex jure @ex-jure

Рубрика: Конституционное и административное право

Статья в выпуске: 3, 2021 года.

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the article is devoted to the fundamental problems of the theory of knowledge in the empirical "focus" of law. The authors study the system of forms of human mental activity as a necessary function associated with its natural right to search, receive and institutionalize knowledge (information). The article substantiates the need to consider mental activity in the unity of objective, subjective and correlative aspects. Conclusions: based on the conducted research, the authors believe that: a) thinking as a natural function of a person is his main need and priority social and legal interest. A person exists only in his striving for the truth; b) the mental activity of a person is conditioned by his spiritual and mental nature, which - in turn-is connected by biosocial matter; c) the correction of knowledge is determined by the search for criteria for its truth and is checked not only by existing practice, but also by the previous experience of mankind; d) the objective meaning of all constitutional transformations in the world in the first, second, and third generations is identical, but the subjective factors of the constitutionalization of social relations in modern times have led to an unjustified split of the traditional form of government in the states of the Old World and in Russia.

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Thinking, functions and forms of mental activity, knowledge, cognition, human nature, mentality, interpretation of the constitution and the law, correlation of cognitive activity

Короткий адрес: https://sciup.org/147235702

IDR: 147235702   |   DOI: 10.17072/2619-0648-2021-3-56-70

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