Markin A.V. —
// Philosophy and Culture. – 2013. – ¹ 11.
– P. 1559 - 1563.
DOI: 10.7256/2454-0757.2013.11.5102
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Markin A.V. —
Factors of a legal reflection
// Legal Studies. – 2013. – ¹ 3.
– P. 338 - 374.
DOI: 10.7256/2305-9699.2013.3.562
URL: https://en.e-notabene.ru/lr/article_562.html
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Abstract: Article is devoted to the analysis of the psychological circumstances causing negative or positive nature of legal thinking; to creative process of legal thinking which is investigated with a support on the experience of mathematical creativity described in literature. Similarity of mathematical and legal nature of thinking and creativity is emphasized; the value of esthetic ideas of justice in formation of legal rules and their understanding. Consciousness and subconsciousness interaction in creation of legal values is analyzed, their characteristic is given. The selection criterion is defined by consciousness of legal truth of the unconscious. Value of esthetic unit of the content of intelligence in intentsionalny experience of creative comprehension of legal reality is estimated. Psychological obstacles to free, objective and proportional legal thinking, their influence on formation of the professional identity of the lawyer are investigated. The characteristic of psychological obstacles is provided to creativity of legal values. It is offered to consider destructive factors of legal thinking at procedure of selection of shots for the most important spheres of law-enforcement activity.
Markin A.V. —
// Philology: scientific researches. – 2013. – ¹ 3.
– P. 223 - 229.
DOI: 10.7256/2454-0749.2013.3.9533
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Markin A.V. —
Science of the Future Law
// Philosophical Thought. – 2012. – ¹ 1.
– P. 129 - 140.
DOI: 10.7256/2306-0174.2012.1.42
URL: https://en.e-notabene.ru/fr/article_42.html
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Abstract: The article describes the logic and values of philosophy as a science about potential law. The author of the article touches on the process of legal evolution and development of the concept of law. The author also studies the mission of philosophy of law as an intellectual tool t of search for the future, desirable right and criterion of the validity of the effective right. The author analyzes the relation between dogmatic and creative initiatives in studies of law.