Methodological preconditions of the occurrence actual approaches to understanding the law

Abstract

The article is illustrated by scientific achievements which are methodological foundation for the formation new, different from the traditional approaches to understanding the law. Research activities turned to antiquity, the early and late the Middle Ages the Enlightenment, the Kievan Rus, ending chronological stages of formation of law on the European continent in the XIX-XX centuries, and the present state of transition from the traditional modern Ukraine Soviet understanding of the rights to the integrative. Objectives set out in article implemented through the scientific potential of scientists – researchers Western tradition of understanding the law: M. Foucault, E. Annersa, L. Friedman, J. G. Berman. Analyze their scientific achievements made it possible to generalize the specific features characteristic, for example, the Roman law or the law of the Enlightenment, that acted as historical proof of the existence in the law those periods the consensual nature, reconciliatory and consensus mechanisms, shifting the focus in understanding the phenomenon of law on the side of the individual, instead of forced tools of the state