General and Special Theories of Law in International Legal Discourse

Abstract

The article is devoted to one important problem of the ratio of various legal theories under the same system, which is associatedwith the process of international cooperation in the legal sphere.As known the system of legal sciences is not a system of co-ordinate ideas, found at one and the same level. It is a hierarchicalstructure of superordinate and subordinate theoretical provisions, whose reciprocal relations are illuminated by the structural analysisundertaken by the Pure Theory of Law (Hans Kelsen). The enquiry into the hierarchical structure of the legal system is the main taskof this article.It was generally accepted that the important step towards the modernization of the systems of legal sciences is the expansion ofinterdisciplinary connections.It is for this purpose that it is necessary together in subordination links to expand coordinate and rewarding relations between scientifictheories. In order to implement this concept, it is proposed to pay attention to the development of the theory of interpretationallaw. During the creation of the lower-level theory, the higher-level general theory determines the content of the special theory.According to the concept presented in the study, the Jurisprudence Systems in European countries are directly formed on the basisof: philosophical hermeneutics, philosophy of common sense and the doctrine of European legal interpretivism.Thus, this paper presents theoretical and methodological frameworks to be taken as a basis of a new civil law interpretation theoryelaboration. Such theory is anticipated to become the basic ideas system of private law convergence, in particular Europeanization ofcontract law, through the coordination of the national legal interpretation institutes.The proposals stemming from this work directed to to solve the praxeological problems of the legal interpretation efficiency inthe context of the Ukrainian private law Europeanization.