Ivanskiy V.P. The Origin of Law in the Doctrine of T. Hobbes Within the Frames of Postnonclassical Type of Scientific Rationality

Valeriy Prokopyevich Ivanskiy
Candidate of Juridical Sciences, Candidate for a Doctor’s Degree, Associate Professor, Department of Administrative and Financial Law,
Peoples’ Friendship University of Russia
This email address is being protected from spambots. You need JavaScript enabled to view it.  
Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation

Abstract. The article is concerned with the Hobbes’ doctrine in the light of parameters of postnonclassical science, which describes the origins of natural justice and the law. A basic element of the given epistemological program is nonlinear Self-developing informational human entities provided by “Self” quasi-pattern, the “Self” protopattern, the “Self” pattern. In the process of scientific reflection the author found that, firstly, the basis of natural justice in the doctrine of English thinker constitutes two layers of subtle matter; secondly, twotier structure of natural justice is constituted by “Self” quasi-pattern and the “Self” protopattern; thirdly, Hobbes distinguishes between jus naturale and lex naturaly; fourthly, the generation of natural law was due to the transitional stage of development of society – from the natural condition to the civil condition; fifthly, the author supports the point of view of the English thinker, according to which he distinguished the laws of society based on the juridical “Self” patterns and natural laws, based on a legal “Self”-protopattern; sixthly, impulse contributed to the collapse of the superposition condition of the legal quantum quasi-system “Self” and the localization of the “Self” protopattern, the “Self” pattern is the communication of subjects.

Key words: law, act, information, sense of justice, “Self” quasi-pattern, “Self” protopattern, “Self” pattern.

Download this file (Ivanskiy.pdf) Ivanskiy.pdf
URL: https://j.jvolsu.com/index.php/en/component/attachments/download/1231