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BicHiiK Нацiонального унiверситету '^bBiBCbKa полггехшка". Серiя: "Юридичш науки" № 1 (33), 2022
УДК 340.12
Stepan Slyvka
Lviv Polytechnic National University, Educational and Scientific Institute of Law, Psychology and
Innovative Education,
Professor of the Department of Theory of Law and Constitutionalism,
Doctor of Law, Professor tfp2014@i.ua
THE PLACE OF POLEMICAL AND PEDAGOGICAL PHENOMENA
IN THE FIELD OF CANON LAW
http: //doi.org/10.23939/law2022.33.074 © Slyvka S., 2022
The scientific article reflects the possibility of using various transcendental and existential issues of dogmatic theology in canon law. The modern world is intellectually saturated with various polemical phenomena in the field of supernatural knowledge. This knowledge needs to be annoyed by preschoolers, pupils and students, but the presence of different opinions creates difficulties for the teacher. For this purpose, certain pedagogical laws are used, which contribute to the formation of canon law.
In particular, educational phenomena have given rise to relevant pedagogical laws. In the pedagogical literature, the pedagogical law is understood as a pedagogical category to denote objective, essential, persistently recurring phenomena under certain pedagogical conditions, the relationship between components of the pedagogical system, which reflects the mechanisms of self-realization, functioning and self-development of a holistic pedagogical system. We are talking about multifaceted connections, the relationship between several pedagogical phenomena in the field of development, education and training. The formation of pedagogical influence on a person has a complex long-term process. We can say that almost all phenomena of nature and society, for any such category have a pedagogical impact on man. This means that pedagogical laws can be classified in some way. With regard to canon law, this classification may be as follows: according to the imperatives of the Ten Commandments of God; according to the imperatives of the Nine Commandments of Beatitudes.
Key words: Canon law, essence, phenomenon, polemical and pedagogical phenomena, polemical and legal pedagogy, laws of philosophy, quality, stages of dialectical law.
Formulation of the problem. Given the presence of polemical and pedagogical phenomena in the formation of canon law, there is a need to analyze the operation of the laws of philosophy. In particular, the dialectical law deserves special attention. The author believes that for canon law there are three stages of dialectical law, which are approved, respectively, biblical stories, Christian ethics and, finally, canon law.
Analysis of the study of the problem. There are not many such studies. The fact is that you need to use the achievements of Church history, philosophy, philosophy of law, canon law, pedagogy and other sciences. This can be done by an interested researcher in the field. However, research by theological authors, biblical encyclopedias, philosophical and pedagogical literature was used.
The purpose of the article. Prove that all phenomena of nature and society have an impact on man. At the same time, age peculiarities should be taken into account and, accordingly, the method of teaching canon law should be chosen for pupils and students majoring in law.
Presenting main material. The vocation of polemical-legal pedagogy follows from the phenomena of life in the intelligible and sensible spheres. This is reforming the natural urge, the desire to fulfill the purpose of man on earth, which seems to require pedagogical insight to realize good deeds. To do this, you need to understand nature, society, their laws of functioning.
Understanding nature is an assessment of its phenomenon in terms of what should happen, ie from the standpoint of established well-founded ideas about the "normal" or "natural" course of things, based on past experience. To understand a certain natural phenomenon - means to bring it under the standard ideas about what happens in nature [2, p. 434]. We will focus on the fact that in nature there is a society in which there is a creative, creative activity that is related to electrical problems. Solving these problems is related to the harmony of two maxims: conservatism and modernism. Which maxim should be given priority? It seems that this question can be answered by synergetics, which will lead to canonicity, ontology and pedagogical expediency. Let's start with the fact that the ontological development of society requires an understanding of the following two dialectical categories: essence and phenomenon.
Essence is that which constitutes the essence of a thing, the set of its most essential properties, substances on the nucleus (attribute of substance) of independently existing being. Sometimes this nucleus is considered as an independent being [6, p. 431]; it is a category of ontology to denote the internal, a set of essential properties of the object, without which it can not exist. The essence is given to man in the senses, and is comprehended by thinking [8, p. 623]; these are the properties of the object that determine all the other properties [5, p. 841]; science essence is expressed by law [4, p. 202], ie the law of nature. The works of this holiday were created by the ontological essence of physical bodies (objects, things, etc.), which emanate from the transcendental sphere, subordinated to the substance-God. To ensure the functioning of physical bodies in space and time, a system of natural laws that are oncological and immutable. Intelligent properties of man have the opportunity to understand the depth, essence, purpose of these bodies.
Phenomenon - in general, everything that is sensory, especially everything that comes into view (for example, a natural phenomenon). From the point of view of the theory of cognition, the phenomenon is an expression, evidence of the existence of something else, high temperature and the phenomenon of the disease, i.e. the disease manifests itself through that temperature, direct through this temperature [6, p. 545-546]; this is a set of external surface properties of objects that are available for knowledge at the level of essential perception [4, p. 242]; this is the external disclosure of the essence, the form of its detection [9, p. 513]. That is, the phenomenon is a practical activity in the social, ontological dimension. Manifestations of the phenomenon force a person to engrave their sensible properties on the intellectual search for certain forms of realization of the essence.
Pairs of categories "essence-phenomenon" and "content-form" have a direct relationship - the essence of the subject determines the content, and the phenomenon is carried out in a certain form, and, conversely, the content affects the essence and form is manifested in the phenomenon [1, p. 41]. If we consider such pedagogical phenomena as development, education and training, they have their own nature of the order of the elements, ie form. It is necessary to choose the form for each pedagogical phenomenon on a sense level. I need to feel what form in the form of a methodology of approaches to each case. We can generalize that the essence is revealed in the phenomenon, and the phenomenon reveals the essence, reflects it. The phenomenon is richer than the absence, it includes not only connections, but also all possible deviations of individual traits [7, p. 801].
In addition to physical bodies, the Creator created the laws of their functioning. This applies to both the laws of natural development, which were created before the advent of man, and the laws of social
development, which were created after the birth of man. Both laws reflect the substantial essence and relate to human life and activity on earth, in society.
Society is a qualitatively different from nature. and multilevel interdependence of people [8, p. 621]. Society does not exist separately from nature and develops according to common and unique laws with nature. But society has its own laws that act in harmony and synchronously with the laws of nature. That is, attempts and forms of interaction and association of people are ontologically organized stamps of manifestation of phenomena, consequences of physical actions, expressions, thoughts and feelings of a person. These stamps-phenomena are generated by the essence and approved by society in the form of related laws, patterns that develop dialectically. The dialectical theory of the development of society concerns phenomena. In particular, Professor Yu. Kozlovsky and Associate Professor I. Kozlovskaya consider such a phenomenon as integration in learning in the context of the laws of philosophy: the unity of opposites, the transition from quantitative to qualitative changes. Denial in the law of the unity of opposites, they highlight the problem of contradictions. The relationship of contradictions presupposes their unity, and their growth deepens the incompatibility and denial of each other. The way to overcome contradictions is to go beyond them, ie the contradiction is resolved by moving to a new quality. Therefore, the importance of the law of unity of opposites for the integration of scientific activity is the ability to identify the main contradictions between opposites, the process of finding their unity and the transition to development in scientific activity [3, p. 126-128]. Controversies, such as controversial issues, often arise in religious studies and theology. The reason for the contradictions are differences in judgments, differences in views and assessments. It doesn't have to be confrontations, antagonisms in the faith, where contradictions are easier to resolve - one or the other faith is accepted. But exacerbations occur in one faith, where there are certain disagreements, special thoughts that lead to contradictions, to controversy. Such contradictions are resolved by the Ecumenical and Local Councils, which establish church dogmas, which are the basis of canon law.
There are certain contradictions between the Orthodox and Greek Catholic denominations of the same Ukrainian Church. The duality of denominations does not lead to enmity, as each has its own canon law, which believers and clergy try to adhere to. Even worship services in one church building do not hinder the celebration of the same religious holidays, unless the enemies of the Ukrainian people, politically unconscious leaders of the state, incite hostility. But in the souls of the faithful there is hope for the unity of these minor opposites in the form of one Local Ukrainian Church with the Kyiv Metropolis.
Considering the methodological possibilities of the law of transition from quantitative to qualitative changes, we consider that there are such types of relations of things and phenomena as quantitative. According to Aristotle, quantity is something that can be divided into constituent parts, each of which is something one, where quantity can be defined as the ratio of qualitatively homogeneous things or homogeneous particles to this quality is a complex and contradictory concept. static and dynamic moments of quality, between its inner essence and real manifestation, between the quality of the result and the quality of the process [3, p. 128].
Mathematically this can be represented by a fraction, the ratio:
Quantity = (a1 + a2 + a3 + ...+ an) / A, where a1, a2, a3,..., an (n is [1, 2,3,... [homogeneous particles of the whole, A is the whole.
Quality = (inner essence) / (real manifestation).
If a1, a2, a3,..., an are different religions, denominations, then A is monotheism, existing, ontological. Among the parts are elements, elements of absolute, canonical truths. Non-absolute, non-canonical religious statements contradict the ontological A, so they are low-quality, false dogmas, which people, for some erroneous reasons, took for granted. But it is impossible to live righteously with such false dogmas, so quality is needed.
The inner essence is the ontological dogmas in {an}, verified by a single absolute canon law, which man himself cannot create, and this is done by faith. The real manifestation is the actual life of the people. The more the real manifestation goes to the ontological life, the higher the quality of religious life will be.
The transition from quantitative to qualitative changes is to reduce the number of {an} and reduce them to an absolute unit, which provides purification of the inner essence of religion and bring the real manifestation closer to ontology.
Then
x = (absolute essence of religion) / (ontological manifestation) = 1.
This boils down to the fact that there must be a time when there will be one faith and people will live in heaven, where they once disappeared. Scientifically, this means a new guarantee that a new foundation is based on ontological (forgotten) methodology.
The process of emergence of new qualities, which differs significantly from the former, as well as the development of science, implies that the new arises from the old by denying it in the form of jumps of different nature (sharp and smooth). A quantitative approach is necessary but insufficient. Knowledge of the world at the level of its quantitative analysis requires a qualitative assessment. Depending on the nature of a system and the conditions of its existence, the transition to a new quality can take place in various forms. In general, it should be emphasized that the law of transition from quantitative to qualitative changes as a law of recognition shows: it is impossible to absolute the quantitative approach to the study of the object [3, p. 129-130]. The point is that polemical and pedagogical phenomena in the field of canon law still exist in number. For this phenomenon, there must be a leap of unification of the Churches, which will culminate in high quality in canon law and spiritual pedagogy.
In the context of the law of negation, the problems of developing the continuity of systems of scientific activity are important. According to the law of negation, the development of phenomena is in cycles. Each cycle consists of three stages: the initial moment of development; transformation of phenomena into their opposite; transformation of a new opposite into its opposite, ie negation [3, p. 130-131]. The effect of this law, like the previous ones, is natural, that is, human thinking is also a negation. The impetus for this law are synergetic views and the gradual dominance of the two positions (after the initial moment of development (for which we consider the example of the study of canon law.
The initial moment of studying biblical stories in preschool and then in elementary school. Then children learn the primary crimson of the world, that is, something fabulous is born, in purple, a joyful, pleasant and interesting source of development. The idea of good angels guarding each person does not evoke any opposing views. In such a rainbow world, a child lives a long time. It should be emphasized that these biblical stories, their content are contained in the subconscious and the adult. They seem to "warm up" human existence, direct to a positive perception of not only natural but also vital phenomena. In fact, it is a kind of crimson, iridescent methodological principle of life, which develops the initial ontological truths. Educating such a principle, attitude is the task of spiritual pedagogy, which is implemented by parents, educators, teachers and pastors, which is taught in high school.
The second stage of dialectical law presupposes the first negation, substantiates Christian ethics. In particular, continuing the doctrine of angels, the teacher reports on their rebellion in heaven. Therefore, the first objection is that all angels obey God, that they are incited by one angel who was closest to God, we can say an amateur. This angel named Satan (now the word is unpleasant) denied human imperfections and interpreted that every angel has the right and opportunity to rule the world in heaven and on earth. God decided to send rebels to earth to give them the power they wanted. But the power of Satan works only on earth, but not in heaven. This guiding action continues until the Last Judgment. Then there will be a new solution: if a person goes all his life with God, he will move to heaven in heaven (actually return to the previous mission of residence), and if a person recognized only Satan, he will move to hell. Thus man is
given the choice of transcendence. This choice follows from the first denial of the dialectical law. This is the birth of controversy.
The second denial (the third dialectical stage) that is expected of man is responsible: who will he deny to Satan or God? Those reflections are contained in canon law, which must be studied in high school. A student of higher education has the opportunity to delve deeply into the essence of the features of the double negation and understand that the third negation does not exist in nature. After all, the point is that the old postulates are carried over, not thoughtlessly repeated. The highest basis of the postulate is the denied old basis, which once fulfilled its positive mission, and now it must be filled with new ontological properties. Thus, the new round of dialectical development to some extent contradicts the previous ones. Even if there are many turns, they will not be categorical objections, but additions to new epistemological concepts.
Analyzing the double negation, we determine the gradual dominance of two positions, two polemical views on good and evil. Denial of each of them forms the existing political opinion, which gives the following conclusion: the law of negation indicates the form of development is spiral, which means heredity, continuity and cyclical development of phenomena, and therefore denial acts as a threefold process: overcoming the "old", in particular, its negative or irrelevant elements: destruction of the previous one: preservation of them in a new phase of development: formation of "new", new losses, functions; this is the construction of the following [1, p. 46]. The construction of the following is substantiated by pedagogical laws and laws. After all, dialectical laws need to be disseminated and studied both at school and in higher education, as well as among the adult population. Dissemination of the laws of society is entrusted to education.
Education is the dissemination and assimilation of scientific knowledge, skills, culture in general. These terms are derived from the concept of "light" and thus related to the "metaphysics of light". Knowledge, or more broadly, the spirit as light, is not a metaphor, the spirit is light in the material world. There is a difference between education and education, and therefore there are two directions of their implementation. Education is a function of schools and universities. However, it has a slightly different character. This is the education not of generations, but of entire nations in certain periods of development. Polemical and pedagogical phenomena are inherent in both education and education.
Thus, polemical and pedagogical phenomena have a significant place in the field of canon law. In order to communicate the need for canon law for a lawyer, it is necessary to resort to dialectical law. As a result of dialectical philosophical and legal considerations, it is possible to gain an understanding of the quality of legal activity.
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Дата надходження: 19.01.2022р.
Степан Сливка
Нацюнальний ушверситет '^bBiBCbKa полггехшка", Навчально-науковий шститут права, психологи та
1нновацшно! освгга, професор кафедри теорп права та конституцюнaлiзму, доктор юридичних наук, професор tfp2014@i.ua
М1СЦЕ ПОЛЕМ1ЧНО-ПЕДАГОГ1ЧНИХ ЯВИЩ У СФЕР1 КАНОН1ЧНОГО ПРАВА
У науковш статт в1дображена можливiсть використання у каношчному прав рiзни\ трансцендентальних та екзистенцшних митань догматичного богослов'я. Сучасний свгг ште-лектуально насичених рiзноманiтними молемiчними явищами в галузi надмриродних знань. Цi знання необхiдно досадити дошкшьникам, учням i студентам, але наявнiсть |)1зми\ думок створюе складност викладачевi. Для цього використовуються певш медагогiчнi закони, якi смрияють формуванню канонiчного права.
Зокрема, освiтнi явища породили вiдмовiднi медагогiчнi закони. У педагопчнш лiтературi мiд медагогiчним законом розушють-педагоочну категорiю для мозначення об'ективних, iстотни\ необ\iдни\, стiйко мовторюваних явищ мри мевних медагогiчни\ умовах, взаемозв'язок мiж компонентами педагоочноТ системи, яка вщображае ме\анiзми самореалiзащТ, функщ-онування та саморозвитку цШсноТ педагопчноТ системи. 1деться про рiзностороннi зв'язки, спмшмношсшш мiж декiлькома медагогiчними явищами у сфер1 розвитку, виховання i навчання. Формування педагопчного впливу на людину - складний довготривалий процес. Можна сказати, що практично всi явища природи i сусмiльства для будь-якоТ такоТ категорп мають медагогiчний вплив на людину. Це означае, що педагопчш закони можна певним чином класифжувати. Стосовно канонiчного права ця класифжащя може бути такою: за iммеративами Десяти замовiдей Божих; за iммеративами Дев'яти замовiдей блаженств.
Ключовi слова: Канонiчне право, сутнiсть, явище, молемiчно-медагогiчнi явища, поле-мiчно-мравова педагогша, закони фiлософiТ, яккть, стади дiалектичного закону.
