The content of the category «principle» in the penal executive law under the systems approach
The article continues the search for the ontological basis of the categoryprinciple in the penal executive law. The author asserts that the systems approach must be used to define the general categoryprinciple more precisely as a relation of a thing, the term created by means of the philosophical triad of things, properties and relations.To define the general category principle more accurately the author analyses a principle of a thing as a principle of a systemusing the systems approach; hence he needs to understand the basic categories of the general systems theory, which enables to regardany objects as systems. First of all, the definition of the key category system should be given. For that reason the features of the categorysystem and the system characteristics of any thing considered as a system are provided. As a basis for understanding the categorysystem two approaches (by V.N. Sagatovsky and by A.I. Uemov) are taken and two definitions (broad and narrow) of a system areproposed. A system in the narrow sense is a thing and its property, which is specified by certain relations among its constituents. A systemin the broad sense is a set of elements, which have certain relations among them forming a whole that has its own features and aimsat reaching a certain goal. The definitions help give a more accurate meaning of a principle of a system. The initial general definitionof a principle of a thing as its relation demands a more detailed description of relations among its constituents, as not all relations areprinciples. The article presents the main features of system relations and defines mainstay relations that subordinate other relations andform a system. These relations are traditionally considered as a principle of a system. Thus, under the systems approach a principle ofany thing/object is a mainstay relation that subordinates other constituents and/or relations. As a result, a principle is a relation thatforms a system, which both subordinates and coordinates other components. The author proposes to use this methodology to analyseother law categories connected with the category principle.
Keywords
принцип в уголовно-исполнительном праве, системный подход, системообразующее отношение, principle in the penal executive law, systems approach, mainstay relationAuthors
| Name | Organization | |
| Chubrakov Sergey V. | Tomsk State University | chubrakov@mail.ru |
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