Journal of Siberian Federal University. Humanities & Social Sciences / Creativity and Lawmaking: Ontological Aspect

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2014 7 (8)
Authors
Tomyuk, Olga N.
Contact information
Tomyuk, Olga N.:Ural Federal University named after the B. N. Yeltsin 51 Lenin, Ekaterinburg, 620083, Russia; E-mail:
Keywords
ontology; creativity; lawmaking; ontological aspects of creativity / lawmaking; nature of creativity; subjects of creativity; subjects of lawmaking; man as a subject of creativity / lawmaking; lawmaking as a process of creating new in law; lawmaking and development
Abstract

In this article the author explores the specifics of creativity and lawmaking as it’s variant, basing on the works of different philosophers, and turns to ontological issues. The purpose is to study creativity / lawmaking in the ontological aspect. Ontological aspect of the research involves identification of the essential nature of the studied object (creativity / lawmaking), its ontological foundations, disclosure of the specifics of phenomena of creativity and lawmaking. Creativity and lawmaking are considered to be connected with the ontological Foundation of the existence. The ontological reality of creativity / lawmaking is proved by its subordination to the objective laws, by involvement in development process. The ontological aspect of investigation, connected with detecting essential nature of subject matter (creativity / lawmaking), is examined from a position of interdisciplinarity in correlation with categories of other areas of knowledge. The author concludes that regularities of the process of law-making, as a vital way of organization of social life and people being, are in connection with the objective laws of existence, and the results of law-making relate to objective reality. In law-making the logical ability of reason is projected on created legal reality for the purpose of regulation of people being by legal regulations. This is the ontological nature of lawmaking, it’s essential difference from other types of creativity. The field of application of results is philosophy, and in particular branches – ontology, philosophy of creativity

Pages
1293-1300
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/13312

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