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Philosophy of Law and General Theory of Law
Article . 2020 . Peer-reviewed
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Werner Maihofer’s Understanding of Law as a Research Problem in the Post-soviet Philosophy of Law

Authors: Бесага, I.;

Werner Maihofer’s Understanding of Law as a Research Problem in the Post-soviet Philosophy of Law

Abstract

Legal existentialism holds a prominent place in the center-of-human philosophical and legal concepts. One of the most widely recognized representatives of legal Existentialism is the eminent German jurist Werner Maihofer.The article is dedicated to contribution of post-Soviet jurists to understanding the concept of W. Maihofer’s legal thinking and to identifying in their work underlined issues that need further philosophical and legal development.The results of the study revealed that contemporary Ukrainian law philosophers mainly rely on an intersubjective approach as a means of explaining the existence of law and its cognition, which may explain both the relevance of the ideas of the German jurist and its role for the philosophical thought of the present. It was found that in independent Ukraine, S. I. Maximov was the first one to address views of W. Maihofer. He adopted Maihofer’s phenomenal logic of his ideas in developing the concept of legal reality. Based on the author’s classification of ways of understanding was determined the place of the Maihofer’s concept in non-classical law philosophy. The most significantcontribution to the study and popularization of legal views of W. Maihofer in the post-Soviet space was made by O. V. Stovba. He first introduced the main publications of the German jurist to scientific circulations; systematized and summarized the critical remarks of foreign researchers regarding thelegal ideas of the German jurist; outlined his own vision of the main advantages and disadvantages of the Maihofer’s concept and suggested ways of its further development; analyzed and implemented the original reinterpretation of his understanding; demonstrated the heuristic potential of his ideas as part of the methodological basis for the concept of temporal ontology of law. The prospects of further elaboration of philosophical and legal problems of W. Maihofer’s work are determined. They are conditioned by the need to answer the questions posed by critics of his concept; the existence of conflicting assessments of commentators; lack of research in certain aspects of the concept.

Keywords

Вернер Майхофер; экзистенциализм; правопонимание; экзистенциальная философия права; социологический подход, Werner Maihofer; existentialism; legal thinking; existential philosophy of law; sociological approach, Вернер Майхофер; екзистенціалізм; праворозуміння; екзистенціальна філософія права; соціологічний підхід

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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