ИСТОРИЧНОСТ ДРЖАВНО-ПРАВНОГ ПОРЕТКА
HISTORICITУ OF THE STATE-LEGAL ORDER

Summary/Abstract: The subject-matter discussed are the great problems of the philosophy of law and state. Emhasizing that the state and the law are closely connected into a whole (state-legal order), the author considers that historicity is not only the past of that creation, but also a specific expression of two of its dimensions - that of time and that of space. This is why it is possible to discern in the historicity various influences of social factors in the given time and space. Such conception is rather significant in terms of methodology, because it is confronted to abstract schemes, but also in proclaiming apecific institutions as universal ones. After pointing at the contribution of Hegel, the historical-legal school of thinking, and historical materialism in studying the historicity of state and law, the author treats also some essential moments and circumstances of expressing the historicity. These are: class struggle, political constitution of society and more particularly the civilisational- cultural formations. Every state-legal order expresses its identity and confirms it in its own historicity, including that of the entire society. Accordingly, it is significant to find out the position of that creation in the development of the civilisational-cultural formations and more particularly of the spirit of times and of the habitus of the space where the specific state-legal order does exist. In accordance with that it is also necessary to adapt the view of the nature of tilings as a category which relates to the entire creation mentioned above, and also to coordinate the conceptions of positive law and of the natural law. In such a way it is possible to understand also the general historical meaning of the state and the law.

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