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Abstract: Social relations brightly illustrate the human co-existence. The individuals form groups in order to pursue their interests, and thus their free will is subject to some compromise dependency. So, on one hand, within the general social culture one should single out the elements of the common political and legal culture, and on the other hand, it is equally important to understand the nature of an individual and his personal characteristics within the society.

Abstract: The power relations exist in any social system and in any human relations. The power is an aspect of all the relations among the people. That is why it is inevitable and neutral. It’s neither good, nor bad. The system of power includes everything and nothing is free from it. The problem of power for a long time have been the object of study of philosophers and psychologists…

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Abstract: The author of the article analyzed Russian philosophy of property which allowed to find relations between the concept of “property” and the actual meaning of it. It also clarified the sense of the triad of possession, use and disposal.

Abstract: the article summarizes the main stages of M. M. Speransky’s philosophical teaching. When analyzing his social, political and legal projects, it appears evident that he was interested in philosophy as the tool for building a theoretical ground for a political program in the first place. Based on philosophy, the author tried to settle the conception of a legal state based on reasonable and just beginnings. Original and contradictory views of M. M. Speransky is caused, first of all, on difficult processes of the social and political crisis, ideological and political crisis and ideological and theoretical opposition.

Keywords: philosophy, state, law, conception, evolution, archives, teaching, stages, politics.

Abstract: Review: legal reality was initially viewed in individual and social psychologies which understood law as a social formation taking many forms. In terms of social management, law and legal consciousness are needed to keep just and peaceful living community. This very well corresponds with I. A. Ilyin’s saying that all history can be viewed as the history of developing of legal consciousness. Key words: philosophy, law, social and cultural, life-sustaining activity, social relations, creation of norms, system, legal consciousness.

Abstract: Review: the article covers the basics of Kant’s teaching about law and government, particularly, such topics as freedom and categorical imperative, Kant’s understanding of law and juridical axiology as components of Kant’s system of philosophy. The author also touched upon the central problems of Kant’s philosophy of government: origin of the government, legal state, separation of powers and form of government

Keywords: philosophy, Immanuel Kant, law, government, freedom, categorical imperative, understanding of law, juridical axiology, legal state, separation of powers, form of government, philosophy of law and government

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Keywords: filosofiya, I. Kant, pravo, gosudarstvo, svoboda, kategoricheskii imperativ, pravoponimanie, yuridicheskaya aksiologiya, pravovoe gosudarstvo, razdelenie vlastei, forma pravleniya, filosofiya prava i gosudarstva

Abstract: The article covers ideological and axiological grounds of Russian constitutionalism. The author described different approaches to defining axiological bases of constitutionalism. Based on them, the author also described the main ideas and the system of values of constitutionalist ideology.

Keywords: philosophy, ideology, idea, value, constitutionalism, constitution, system, politics, government, power

DOI: 10.7256/2454-0757.2013.10.5096

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Abstract: The article suggests an interpretation of the modern liberal theory of justice from the point of view of a character (John Rawls’ and Ronal Dworkin’s conceptions are viewed as an example). The author tries to show that being the ‘product’ of English-American culture, liberal theories have certain national and psychological peculiarities which we need to take into account when we try to adopt Western experience of moral and political reflection.

Keywords: theory of justice, modern liberalism, justice as honesty, liberal equality, national character, pragmatism

Abstract: The article is devoted to Immanuel Kant’s philosophical teaching about the world. The author summarized Kant’s views on international law and the main aspects of Kant’s teaching about the world. Special attention is given to the role of Kant’s teaching about the eternal peace in conditions of modern globalization.

Keywords: philosophy, Immanuel Kant, international law, eternal peace, right for peace, right for war, globalization, world society, international relations, primacy of law in politics

Abstract: The author of this article discusses the problem of classification of modern Russian society. The article contains the author’s summary and conclusions. Based on the author, modern Russian society is a special type of ‘mixed’ society in crises.

Keywords: philosophy, society, typology, right, types, reforms, Russia, capitalism, socialism, democracy.

Abstract: The article analyzes the philosophical grounds of the modern international law, their composition and dynamics of development. The author of the article conceives that the subject matter of the international law philosophy is conceptualization of philosophical ideas and principles forming the basis of international law and its science. Much attention is paid at possible perspectives of the international law philosophy in the ‘post-modernism’ situation.

Keywords: philosophy, globalization, law, postmodernism, paradigm, idea, politics, morals, peace, Hegelianism

Abstract: The article is devoted to Immanuel Kant’s philosophical teaching about the world. The author summarized Kant’s views on international law and the main aspects of Kant’s teaching about the world. Special attention is given to the role of Kant’s teaching about the eternal peace in conditions of modern globalization.

Keywords: philosophy, Immanuel Kant, international law, eternal peace, right for peace, right for war, globalization, world society, international relations, primacy of law in politics

DOI: 10.7256/2454-0757.2015.1.13240

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DOI: 10.7256/2454-0757.2015.1.66117

Abstract: The article is devoted to the analysis of the role of philosophy of law in overcoming the contemporary crisis of legitimacy. In this regard, it is important to discuss the legal idea of the legitimacy of law. The author’s analysis is initially based on the need to turn the philosophical-legal concept of the legitimacy of law into a system. In his article Shugurov proves that conceptualization of the phenomenon of the legitimacy of law can be a promising vector of the development of modern philosophy of law. It is quite obvious that all legitimacy forms are important within the framework of the legitimate social order but the legitimacy of law becomes especially important because it allows the social order to have stable frames and at the same time clarifies social and individual meaning of existence. The research methodology is based on a detailed analysis of different approaches to the phenomenon of the legitimacy of law. Moreover, the author also analyzes the definition ‘legitimacy’ from the point of view of philosophy of law and political philosophy using the comparative approach. In addition, Shugurov examines the legitimacy of law in terms of transformations in law caused by globalization processes. The novelty of the article is caused by the author’s conclusion that the target of modern philosophy of law is to create a system approach to the mechanisms of legitimacy and overcome the gaps caused by globalization processes. Consequently, theories of philosophy of law have a certain influence on the development of practical solutions. Shugurov also proves that the legitimacy of law is generally an extralegal phenomenon described by both the systems of law and law institutions from the point of view of the common sense and related legal provisions.

Keywords: legitimacy, legality, power, law, social order, globalization, submission to law, crisis of legal awareness, legal order, legal values.

DOI: 10.7256/2454-0757.2016.2.16804

Abstract: The subject of this research is the legal concept of Max Weber, who among such classics of sociology as Karl Mannheim and Vilfredo Pareto, dedicated more attention to the problems of law and morality. When the scholars thought of the reason why capitalism emerged in the West, the came to the conclusion that it is all because of our “greed for gain”. German philosopher believed the “strive for entrepreneurship”, as well as the most financial profit, in its essence has nothing to do with the capitalism. This strive is characteristic to all social groups and professions of all times, and all over the world, where is a slight chance to make more profit. Similar naïve ideas about the essence of capitalism belong to those truths, which should be rejected once and for all back at the initial stage of studying history of culture. According to Weber, the cause of emergence of capitalism is the protestant ethos – a specific code of moral ideas that are connected with poetization of labor, asceticism, and moral purity. The article is first to analyse Weber’s legal ideas and their correlation with morality. The author demonstrates how the ascetic Protestantism affected the modern entrepreneurship. One of the main components of the modern capitalistic spirit and spirit of the entire modern culture – the rational lifestyle based on the idea of professional calling – appeared from the spirit of Christian asceticism.

DOI: 10.7256/2454-0757.2016.2.67513

Abstract: The subject of this research is the legal concept of Max Weber, who among such classics of sociology as Karl Mannheim and Vilfredo Pareto, dedicated more attention to the problems of law and morality. When the scholars thought of the reason why capitalism emerged in the West, the came to the conclusion that it is all because of our “greed for gain”. German philosopher believed the “strive for entrepreneurship”, as well as the most financial profit, in its essence has nothing to do with the capitalism. This strive is characteristic to all social groups and professions of all times, and all over the world, where is a slight chance to make more profit. Similar naïve ideas about the essence of capitalism belong to those truths, which should be rejected once and for all back at the initial stage of studying history of culture. According to Weber, the cause of emergence of capitalism is the protestant ethos – a specific code of moral ideas that are connected with poetization of labor, asceticism, and moral purity. The article is first to analyse Weber’s legal ideas and their correlation with morality. The author demonstrates how the ascetic Protestantism affected the modern entrepreneurship. One of the main components of the modern capitalistic spirit and spirit of the entire modern culture – the rational lifestyle based on the idea of professional calling – appeared from the spirit of Christian asceticism.

Keywords: Veber, pravo, pravoporyadok, asketizm, sotsiologiya, affekty, ekonomika, khozyaistvo

DOI: 10.7256/2454-0757.2016.4.17198

Abstract: The subject of this research is the nature and specificity of the philosophical legal knowledge. The author comprehensively examines this knowledge through the prism of determination of the disciplinary status of the philosophy of law, its place among other scientific disciplines studying law. Special attention is given to the justification of highlighting within the philosophy of law of such section as metaphilosophy of law, oriented towards the reflexive study of the theoretical nature of such knowledge and carrying the worldview and practical importance. The article presents a thorough analysis of the interdisciplinary character of the philosophical legal knowledge, and the criteria of its distinction from the philosophical knowledge itself and the legal knowledge. The nature of the philosophical legal knowledge is revealed in the context of specificity of the socio-humanitarian knowledge and cognition. The author’s main contribution consists in the further advancement of the ideas on the philosophy of law as universal level of theoretical legal knowledge. The scientific novelty lies in the demonstration of necessity of the philosophical legal knowledge under the conditions of current changes within law, human life and society in the context of globalization. The author expresses an idea that the factor of determination of the researched knowledge is the spiritual peculiarities of the national legal systems and cultures.

Keywords: Pluralism, Philosophy, Theory of law, Concept of law, Society, Legal culture, Socio-humanitarian sciences, Theory, Globalization, Philosophy of law

DOI: 10.7256/2454-0757.2016.4.67810

Abstract: The subject of this research is the nature and specificity of the philosophical legal knowledge. The author comprehensively examines this knowledge through the prism of determination of the disciplinary status of the philosophy of law, its place among other scientific disciplines studying law. Special attention is given to the justification of highlighting within the philosophy of law of such section as metaphilosophy of law, oriented towards the reflexive study of the theoretical nature of such knowledge and carrying the worldview and practical importance. The article presents a thorough analysis of the interdisciplinary character of the philosophical legal knowledge, and the criteria of its distinction from the philosophical knowledge itself and the legal knowledge. The nature of the philosophical legal knowledge is revealed in the context of specificity of the socio-humanitarian knowledge and cognition. The author’s main contribution consists in the further advancement of the ideas on the philosophy of law as universal level of theoretical legal knowledge. The scientific novelty lies in the demonstration of necessity of the philosophical legal knowledge under the conditions of current changes within law, human life and society in the context of globalization. The author expresses an idea that the factor of determination of the researched knowledge is the spiritual peculiarities of the national legal systems and cultures.

Keywords: Pluralism, Philosophy, Theory of law, Concept of law, Society, Legal culture, Socio-humanitarian sciences, Theory, Globalization, Philosophy of law

DOI: 10.7256/2454-0757.2016.5.17947

Abstract: The subject of this research is the legal and moral consciousness of Russian phalerists who collects orders and decorations of RSFSR, USSR, and RF, as well as the established about them public opinion. Due to the existing criminal law, the activity of this group of Russian phalerists is illegal, therefore, their historical research carry an anonymous and confidential character. Within the established by the government public opinion, this part of the phaleristic community is demonized and marginalized. The author proves that phalerists collecting the orders and decorations of RSFSR, USSR, and RF do not pose a threat to the veterans nor the government; on the contrary, they are the potential helpers from the civilians in preservation of the historical memory, cultural values, and patriotic upbringing of the youth. The author determines the conflict between the normative and the practical levels of collection consciousness, expressed in two dilemmas, as well as defines the ways for its elimination. He demonstrated that the dilemma of legal awareness that emerged under the influence of the Article 324 of the Criminal Code of the Russian Federation and makes to choose between the lawful behaviors and collecting orders and decorations of RSFSR, USSR, and RF, although being quite real, is imaginary in it essence; and the moral dilemma which makes to choose between the clean conscience and the desire of the fame of others, is illusionary in its essence.  The author concludes that the abolition of the Article 324 of the CCRF in its current state or editorial changes that are capable of transferring it into the Civil Code of the Russian Federation decriminalizes the activity of tens of thousands of collectors and legalizes the discourse on all Russian decorations. Legalization of the discourse on Soviet and Russian decoration phaleristics is necessary from the historical, cultural, and ideological points of view. It will dilute the criminogenic fields in the economics of culture, revitalize the social moral, and produce a long-term effect of the intergeneration solidarity.

Keywords: Social ethics, Moral consciousness, Legal consciousness, Intergeneration communication, Historical memory, Patriotism, Discourse on state decorations, Criminal law, Cultural criminology, Collection of orders and decorations

DOI: 10.7256/2454-0757.2016.5.67854

Abstract: The subject of this research is the legal and moral consciousness of Russian phalerists who collects orders and decorations of RSFSR, USSR, and RF, as well as the established about them public opinion. Due to the existing criminal law, the activity of this group of Russian phalerists is illegal, therefore, their historical research carry an anonymous and confidential character. Within the established by the government public opinion, this part of the phaleristic community is demonized and marginalized. The author proves that phalerists collecting the orders and decorations of RSFSR, USSR, and RF do not pose a threat to the veterans nor the government; on the contrary, they are the potential helpers from the civilians in preservation of the historical memory, cultural values, and patriotic upbringing of the youth. The author determines the conflict between the normative and the practical levels of collection consciousness, expressed in two dilemmas, as well as defines the ways for its elimination. He demonstrated that the dilemma of legal awareness that emerged under the influence of the Article 324 of the Criminal Code of the Russian Federation and makes to choose between the lawful behaviors and collecting orders and decorations of RSFSR, USSR, and RF, although being quite real, is imaginary in it essence; and the moral dilemma which makes to choose between the clean conscience and the desire of the fame of others, is illusionary in its essence.  The author concludes that the abolition of the Article 324 of the CCRF in its current state or editorial changes that are capable of transferring it into the Civil Code of the Russian Federation decriminalizes the activity of tens of thousands of collectors and legalizes the discourse on all Russian decorations. Legalization of the discourse on Soviet and Russian decoration phaleristics is necessary from the historical, cultural, and ideological points of view. It will dilute the criminogenic fields in the economics of culture, revitalize the social moral, and produce a long-term effect of the intergeneration solidarity.

Keywords: Social ethics, Moral consciousness, Legal consciousness, Intergeneration communication, Historical memory, Patriotism, Discourse on state decorations, Criminal law, Cultural criminology, Collection of orders and decorations

DOI: 10.7256/2454-0757.2016.10.20200

Abstract: This article is dedicated to the model of evolution of the universe in philosophy of global constitutionalism. The model of evolution of the universe in any socio-philosophical concept suggest the formulation and substantiation of its own construct of formation and development of the surrounding reality (material and immaterial world). The philosophy of global constitutionalism conclusively formed at the brink of the XX and XX centuries as an active instrument of formatting of the socio-political, state-legal, and financial-economic development of the modern national state under in hands of the global ruling class, is based on the experience of the socio-philosophical concepts of the past, namely neoliberal and neoconservative doctrines. The author explores the signs of the model of evolution of the universe in philosophy of global constitutionalism, and suggests that various models of evolution of the universe play an important role in the context of globalization of the socio-political, state-legal, and financial-economic development of the existing national states and societies, which are being actively studied by the contemporary scholars, philosophers, legal experts, and political scientists. The following models are being considered: : linear globalization (A. Comte); world of system of globalization (I. Wallerstein, A. G. Frank, S. Amin, J. Arrighi, T. dos Santos, A. I. Fursov, A. V. Karataev); globalization as continuation of modernization (A. Giddens); global system (L. Sklair), and others.

Keywords: international, constitutionalism, global, philosophy, creation, evolution, model, local, state, person

DOI: 10.7256/2454-0757.2016.10.68290

Abstract: This article is dedicated to the model of evolution of the universe in philosophy of global constitutionalism. The model of evolution of the universe in any socio-philosophical concept suggest the formulation and substantiation of its own construct of formation and development of the surrounding reality (material and immaterial world). The philosophy of global constitutionalism conclusively formed at the brink of the XX and XX centuries as an active instrument of formatting of the socio-political, state-legal, and financial-economic development of the modern national state under in hands of the global ruling class, is based on the experience of the socio-philosophical concepts of the past, namely neoliberal and neoconservative doctrines. The author explores the signs of the model of evolution of the universe in philosophy of global constitutionalism, and suggests that various models of evolution of the universe play an important role in the context of globalization of the socio-political, state-legal, and financial-economic development of the existing national states and societies, which are being actively studied by the contemporary scholars, philosophers, legal experts, and political scientists. The following models are being considered: : linear globalization (A. Comte); world of system of globalization (I. Wallerstein, A. G. Frank, S. Amin, J. Arrighi, T. dos Santos, A. I. Fursov, A. V. Karataev); globalization as continuation of modernization (A. Giddens); global system (L. Sklair), and others.

Keywords: international, constitutionalism, global, philosophy, creation, evolution, model, local, state, person

DOI: 10.7256/2454-0757.2015.10.13193

Abstract: The subject of the present research is the subject of legal perception of space. In her research Karpova offers a definition of the subject of legal perception of space and analyzes peculiarities of the subject of legal perception of space from the ontological, gnoseological and axiological points of view. The thematic justification and importance of the topic are determined by the need to overcome the narrow gnoseological views on the subject prevailing in modern philosophical and legal concepts. The author attempts to create a concrete definition of the subject as the functions of a real person seen with all his diverse features, legal contacts and relations. The author has applied gnoseological, ontological and axiological approaches to the research. Karpova has also used the method of binary oppositions and the phenomenological research method. The novelty of the research is caused by the fact that the author offers an integrated approach to studying the subject of legal perception of space. As a result of the research, the author makes the onto-gnoseological conclusion about the subject of legal perception of space as an active cognizing and acting Self endued with legal awarenes and free will. The subject of legal perception of space exists in the onto-gnoseological unity of the internal and the external, the perceiving and the perceived, in the axiological choice between the legal and illegal, as the guarantee for the ontological unity of legal existence, being ontologically united with the object of perception and gnoseologically opposed to it at the same time. 

DOI: 10.7256/2454-0757.2015.10.67079

Abstract: The subject of the present research is the subject of legal perception of space. In her research Karpova offers a definition of the subject of legal perception of space and analyzes peculiarities of the subject of legal perception of space from the ontological, gnoseological and axiological points of view. The thematic justification and importance of the topic are determined by the need to overcome the narrow gnoseological views on the subject prevailing in modern philosophical and legal concepts. The author attempts to create a concrete definition of the subject as the functions of a real person seen with all his diverse features, legal contacts and relations. The author has applied gnoseological, ontological and axiological approaches to the research. Karpova has also used the method of binary oppositions and the phenomenological research method. The novelty of the research is caused by the fact that the author offers an integrated approach to studying the subject of legal perception of space. As a result of the research, the author makes the onto-gnoseological conclusion about the subject of legal perception of space as an active cognizing and acting Self endued with legal awarenes and free will. The subject of legal perception of space exists in the onto-gnoseological unity of the internal and the external, the perceiving and the perceived, in the axiological choice between the legal and illegal, as the guarantee for the ontological unity of legal existence, being ontologically united with the object of perception and gnoseologically opposed to it at the same time. 

Keywords: subject, space, perception, legal, legal activity, legal reality, legal environment, ontology, socioculture, philosophy of law

DOI: 10.7256/2454-0757.2015.11.14950

Abstract: This article is devoted to very important contemporary problems, i.e. international relations, legal relations at the level of international law and universal values. The author analyzes the concept of the global community from the point of view of universal values and human rights. She also proves that nowadays we are experiencing the crisis of the political and legal sphere including the crisis of legal and legislative state policies through the shaken balance between the supremecy of law and legislation. The author of the article suggests that we should return to philosophical and legal problems including the so-called national idea and view these problems in a different light as the human right to a decent existence. The main methodological principle used by the author of the research is the combination of legal and philosophical approaches to the problems of law and legal reality as well as the historical method. The author of the article views modern civilizational processes from the point of view of philosophy and legal studies which is apparently not only a topical issue but also a rather new and understudied topic. Modern practices of international development demonstrate the need for us to return to a very important branch of knowledge, philosophy of law, as an alternative to the technical approach to the law making and law enforcement processes established by today's legal science. 

Keywords: globalization, international relations, international law, human rights, the nation, the people, nation, the national idea, the political crisis, right, people

DOI: 10.7256/2454-0757.2015.11.67231

Abstract: This article is devoted to very important contemporary problems, i.e. international relations, legal relations at the level of international law and universal values. The author analyzes the concept of the global community from the point of view of universal values and human rights. She also proves that nowadays we are experiencing the crisis of the political and legal sphere including the crisis of legal and legislative state policies through the shaken balance between the supremecy of law and legislation. The author of the article suggests that we should return to philosophical and legal problems including the so-called national idea and view these problems in a different light as the human right to a decent existence. The main methodological principle used by the author of the research is the combination of legal and philosophical approaches to the problems of law and legal reality as well as the historical method. The author of the article views modern civilizational processes from the point of view of philosophy and legal studies which is apparently not only a topical issue but also a rather new and understudied topic. Modern practices of international development demonstrate the need for us to return to a very important branch of knowledge, philosophy of law, as an alternative to the technical approach to the law making and law enforcement processes established by today's legal science. 

Keywords: human rights, political crisis, right, globalization, national idea, the people, nation, international law, international relations, human

DOI: 10.7256/2454-0757.2013.12.9662

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DOI: 10.7256/2454-0757.2013.12.63613

Abstract: The article is devoted to the problem of adjusting philosophical law to modern conditions. The author of the article describes the status of philosophy of law as an inter-disciplinary sphere and outlines the main problems of methodological and world view approaches to philosophy of law and the range of problems studied by philosophy of law. The author also analyzes the modern relation between theory and practice in today’s legal studies. The author describes the principle of professional approach to law and legal studies. This principle is related to legal dogmatics. The article contains conceptual proof of the normative theory offered by Ronald Dworkin and historical retrospective of Russian traditions in the normative theory developed by P. Novgorodsev, L. Petrazitsky and I. Ilyin). The author also discusses the topical issues of morals in law and a close connection between morals and law. The author suggests that we should view the aforesaid issue from the point of view of the relation between legal world-view and legal awareness. In particular, the theory of legal awareness provides proof of the imperative and attributive nature of legal relations. The author also touches upon modern discussions regarding the social role of law and the question whether the law or legislation should govern.

Keywords: philosophy, philosophy of law, philosophical reflection, law, morals, judicial positivism, legal world-view, legal awareness, culture, historical.

DOI: 10.7256/2454-0757.2014.12.13598

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DOI: 10.7256/2454-0757.2014.12.65978

Abstract: In his article Paleev examines the drivers of social development. Discussing this question with the other researchers in the Literaturnaya Gazeta, he insists on economic interests being include in the list of drivers of the modern progress. Based on contemporary researches of respected economists, Paleev demonstrates that the idea of the value of interests have a very long history. Many European philosophers criticized human passions. Greed and money-making were considered to be sins. However, gradually the critics turned into some kind of an apology of vested interests. Such a swing-round in opinions eventually led to the creation of capitalism. Different interpretations of capitalism competition often raise conservative moods and make us idealize the times of ‘human passions’ when the world had that ‘magic’ about it. However, the modern world would not survive without the idea of entrepreneurship, competition and selfish interests. Therefore Paleev concludes that there are the three factors that are important for the reinforcement of social dynamics: social interests, law and morals, i.e. moral values. The method of the analysis used by the author is closely related to the principle of historicism. Paleev tries to describe the development of these questions in the history of European philosophy. At the same time, the researcher bases his study on axiological principles. By doing so, he analyzes modern systems of values. Finally, the researcher also uses the methods of phenomenology that allow to define the nature of the basic grounds of law studies. The novelty of the article is caused by the fact that Paleev criticizes the philosophers who, first of all, ignored the key role of economic interests in the dynamics of the modern world. Paleev also argues against the concept of controversial values and law. According to the researcher, it would be wrong to focus on only one factor as prevailing and most efficient. Paleev establishes that not the opposition but the union of values and law is important for the social development. The researcher shows that this statement can be proved if we appeal to the history of political and legal ideas. Therefore, stable social development depends not on the reinforcement of one of the above mentioned factors but on their balance and collective use.

Keywords: philosophy of law, studies of law, law, politics, values, standards, capitalism, globalization, social dynamics, morals.