General Regularities of the Development Process of the History of State and Law According to the Doctrine of Georg Wilhelm Friedrich Hegel

Abstract

Ukrainian historical and legal science has been going through a difficult and contradictory path over the last incomplete three decades from the post-Soviet paradigm to broad pluralistic European approaches. The consciousness and methodological tools of a scholar, especially those from the Soviet times, as well as those formed in the traditions of the respective scientific school, were difficult to change. The simplicity and logic of Marxist methodological constructions remained familiar and comprehensible; moreover, they are attractive to new generations of scholars, not only in the history, but also in the theory of law and state, branch legal sciences. It is especially difficult both mentally and rationally for the national science of the history of law and state, to abandon the formative approach to the history of society, which makes the development of state and legal institutions natural and logical. Absolutized formative approach to the history of law and state has led, in a number of cases, to a kind of "rounding", adapting to its provisions of certain unimpugnable or difficultly rebuttable facts, such as underdevelopment of slavery in the ancient Eastern states (so-called "domestic" or patriarchal slavery), and obviously the same prevalence of this phenomenon in the Old Rus' State, did not interfere to refer the first group to the slave-owning, and the secondto the feudal socioeconomic formation. On the other hand, the theory of basis and superstructure defines law and state as secondary phenomena in regard to the socioeconomic structure. According to this approach, the study of the most general, universal regularities of the development of law and state as social institutions is beyond the realm of legal reality within its historical dynamics. Hence, there is the desire to periodize the historical and legal process according to the chronology of state entities that existed by changing each other on a certain territory, which nowadays is the territory of really existing state. Other universal approaches to general regularities of world history of law and state, in particular civilizational, are developed superficially, since the issue of the very existence of such regularities is very difficult from the standpoint of philosophy of law, and philosophy of history. Meanwhile, the solution of the task of searching for the general regularities of the historical