Genesis: Historical research
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MAIN PAGE > Journal "Genesis: Historical research" > Rubric "History of political and legal doctrines"
History of political and legal doctrines
Gorban' V.S. - Formation of the sociologically oriented legal doctrine of Jhering (the beginning) pp. 20-37

DOI:
10.7256/2409-868X.2017.4.22535

Abstract: The subject of this research is the question of establishment and theoretical-methodological arrangement of the sociological approach to law in the works of Jhering. The establishment of Jhering’s sociologically oriented legal theory is traced on the basis of determination and examination of the specific theoretical and methodological constructs, considering the successive extension and improvement of his legal understanding aimed at the integral sociologically oriented legal outlook. The article reviews Jhering’s attitude towards the historical school, as well as the role of the “jurisprudence of notions” in establishment of his sociological legal understanding. The scientific novelty consists in analysis, identification, and description of the particular theoretical constructs and applied by the thinker methods, which in collectively characterize Jhering’s legal theory as one of the first sociological theories of law. The conclusion is made that the “jurisprudence of notions” was just a theoretical-ideological foundation of the interpretation of law as a structurally organized wholeness, as well as subject by Jhering to substantial modification already in the early large compositions (first volume of the “Spirit of the Roman Law”) from the transition from examination of law as a normative system towards the explanation of law using the category of social reality.
Ufimtseva E.V. - The status of educational law as the element of the system of Russian law: the genesis of theoretical views and the modern doctrine pp. 39-55

DOI:
10.7256/2409-868X.2016.2.18232

Abstract: The article is devoted to characteristic of the normative complex – the educational law as element of the system of Russian law. The genesis of views of the native theorists about the nature of rules of educational law and its place in process of legal regulation is briefly described in this article. The author examines the problem of the subject and the method of educational law, as well as establishes a correspondence between educational law and some criteria of differentiation of branches of law – principles and functions of law, complex of separate terms and legal constructions, codified legal act in the system of legislation. Various points of view of the modern researchers about the status of educational law and its place in the system of law are baieng analyzed in the article. The author used general scientific methods and approaches during the process of writing this article: method of analysis, method of ascent from the abstract to the concrete, systems approach, historical approach, and some special methods of jurisprudence: formal-legal method, comparative law method, legal interpretation method. The article may be interesting for a wide range of readers: both for researches of general problems of the theory of law and researches of questions of educational law, and perhaps for legal practitioners. The result of this research is that author makes a conclusion about forming in the system of modern native law an independent branch of law – the educational law. This conclusion was made as a result of using some methodological approach – using of complex of criteria of differentiation of branches of law (basic and subsidiary). This methodological approach may be useful for other fields of jurisprudence too. By the way research findings of this article may be used in lawmaking and enforcement activity in sphere of regulation of the educational relationship.
Sokolova E.S. - Autocratic ideal in supra-national strategies of Miloslavskys and Naryshkins: to the question on representative essence of some policy-making initiatives of the end of XVII century pp. 55-84

DOI:
10.7256/2409-868X.2017.2.17810

Abstract: This article examines the problem of formation of the autocratic ideal of supreme tsardom in Russian legislation of the XVII century. Based on hermeneutic interpretation of the broad range of legislative-legal acts of the period of dynasty crisis of the 1680’s – beginning of the 1690’s signified by the strong political rivalry between Miloslavskys and Naryshkins, the author makes a conclusion about the fragmentarity of a number of legislative initiatives in the area of legitimization of the principle of monocracy. Their vividly expressed representative potential mostly pursued the narrow-pragmatic goals in the field of strengthening of the international legal status of the Russian State and creation of the solid social foundation under the conditions of weal legal support based on the value orientations of the medieval traditionalism. In particular, the primary attention of the political elite of the XVII century was attracted by the search of the legal means for overcoming various diplomatic conflicts, which constantly emerged due to the unwillingness of the majority of European states to adhere in ceremonial practice to the principle of equality of the Grand Duchy of Moscow and the Holy Roman Empire. Despite the popular in historiography opinion about the gradual formation of the Russian autocratic paradigm across the XVII century, the author underlines the spontaneous character of majority of the new laws in the area of legitimization of monocratic supreme authority. Their representative importance significantly increased in the conditions of the race for power and cancellation of the work of Zemsky Sobor on the background of retention of the remaining manifestations of Zemstvo activity during the breaking moments of the existence of the Russian State. The succession of Romanovs’ legislative policy aimed at the legal support of autocratic ideas, takes its roots not only in its doctrinal-ideological foundation, but also sociocultural conditions of the state-legal routine, which also retained their political-legal importance during the periods of reforms of Peter the Great.
Mamychev A.Yu., Filippova M.K. - Medieval tradition of archetypal research of the public authority organization pp. 82-94

DOI:
10.25136/2409-868X.2017.6.21163

Abstract: The subject of this research is the medieval political legal thought, within the framework of which have developed the archetypal (divine) ideas, as well as the antique perceptions about the “arche” (initial foundation, proto-idea, etc.) as a deep foundation of the public authority organization and value-normative system. The article demonstrates that the medieval though has formed two axial lines of evolution of the archetypal research: first one is associated with the highest arche-ideas, initial principles, divine concepts, etc.; second one, on the contrary, is associated with the purely human, material measurement of an archetype – archaic heritage, unconscious structures of mentality, collective ideas, initial outrage and "cultural amnesia" of the sources of sociopolitical and legal cultural integrity, as well as particular political legal institutions. The theoretical methodological basis of this research consists in the experience in world history of state and law, positions of juridical anthropology, and cultural-historical approach applied on legal studies and political science. The scientific novelty of this work lies in the author’s interpretation of the medieval tradition of archetypal research. The article reveals and substantiates a unique tradition that in conceptually framed by the medieval theologians and associated with perceiving an archetype as simultaneously final and initial “point of harmonization” of the volitional, cognitive, and spiritual powers. This aspect depicts the ideative character of interpretation of the archetypal foundations. Archetype “originates” the crucially new dimension, forms the “point of convergence”, or the “way of ascension” to the uniform, universal. The article also substantiate that the idea of archetypal foundations as a descriptive discourse became dominant in the era of Renaissance and Reformation, as well as significantly influences the establishment of the theory of Jungian archetypes. The novelty also implies the characterization of the formed in Medieval Times tradition of examination of the positive law in instrumental aspect, in other words, as a necessary institutionally normative form that ensures manifestation and presence of the highest values and norms within the public authority organization, including forcing the members of community to follow the highest principles and ideals.  
Krasnov A.V., Skorobogatov A.V. - Legal value in Russia: theoretical-legal and retrospective analysis pp. 126-143

DOI:
10.7256/2409-868X.2017.3.18326

Abstract: The subject of this research is the formulation of theoretical model of legal value as an intersubjective category that substantiates the relation of actors (individuals, local groups, society) to the legal reality on various levels and stages of its development, with attraction of achievements of the legal sciences alongside the social philosophy and phenomenological sociology. The subject also includes the structure of legal values of modern Russia based on the critical analysis of sustainable perceptions about the postulating values, considering the anomie of Russian society, involving the data from the official doctrine and sociological surveys of the population. The methodological foundation consists in the post-classical worldview paradigm in form of phenomenological methodology that defined the choice of specific methods of the study: comparative, anthropological, systemic, the use of which is based on the principle of historicism. The author highlights that the legal value is being viewed as an intersubjective phenomenon, which forms as a result of development of certain relation of the individual and collective actor to the components of legal reality – lawmaking, realization of law, and legal behavior. The scientific novelty lies in the author’s approach towards the notion and characteristics of the category at hand: legal values is considered the system of principles, postulates, and reasoning, which define the attitude of an individual, local community, or society as a whole towards the legal reality. The main form of its existence is the developed by legal consciousness generalized understanding of the desires and (or) necessary essence of various levels of legal reality. Multifacetedness of legal value manifests in the fact that on one hand it is reflected in the legal tradition and legal mentality, and on the other – is capable of influencing the legal consciousness through legal experience. Legal values are justified u the cultural and civilizational factors. The modern Russian system of legal values splits into contending elements – subsystem of the implemented values of “Western” type that competes with the sustainable subsystem of the traditional values. Such state is viewed as a common to the Russian society throughout various historical stages; prevalence of one or another subsystem predetermines the further legal development.
Dmitriev A.V. - Legal ideas of I. G. Schwarz (on the compendia of lectures "About three cognitions: curious, pleasant and useful" and other lectures for 1782-1783) pp. 126-139

DOI:
10.7256/2409-868X.2017.4.18559

Abstract: The subject of this work is the legal ideas of Ivan Grigorevich Schwartz – prominent representative of masonry in Russia, tenured Professor of philosophy at Moscow University. The author analyzes the origins of and the content of the lectures Schwarz G. I. "three knowledges: curious, pleasant and useful" (1782), lectures at the University (1782) and public lectures (1782-1783), "the Reasoning in the collections of the Friendly learned society" (1782) in relation to law and the doctrine of Russian Freemasons of the XVIII century. This article provides an understanding of the views of I. G. Schwartz for the state, law, morality within the meaning of the terms and categories of the XVIII century and their relation to the doctrine of Russian Freemasonry of the XVIII century. For this purpose the author has used religious-philosophical and historical-legal methods of research. Legal ideas of I. G. Schwartz are the result of religious and philosophical speculation on the nature of man and his place in society. The article shows the role of law, science and itself in religious and social life of man. In his lectures, Schwartz uses such notions as "law", "citizen", "position", "justice", "state" and etc. Schwartz claims that it is necessary for a person to comply with positive law – the existing laws, because this is human nature, pursuit to improvement, return to the Creator, or the original ancient ideal.
Vasil'ev A.A. - Neoconservative Political and Legal Ideology of Alain de Benoist pp. 223-240

DOI:
10.7256/2409-868X.2015.2.14047

Abstract: The research subject of the article is the political and legal views of a contemporary neoconservative philosopher Alain de Benoist. The research object is the neoconservative political and legal ideology of the Western Europe in the late XXth - early XXIst centuries. In his research Vasiliev touches upon the biography and general views of the French philosopher and milestones in his political and literary activity. Special attentio is paid to the philosopher's critics of liberal ideology, the human rights, Christianity, globalization, parliamentarism, etc. In his research Vasiliev covers such ideas of Benoist as the participatory democracy, solidarism and empire. The main methodological approach used by the researcher is traditionalism allowing to expain modern political and legal institutions and elements of legal consciousness from the point of view of national legal archetypes and basic spiritual and cultural grounds of the legal system (historicism, orientation at the search for the integral knowledge as the combination of mind, faith, will, feelings, orientation at 'division but not combination', etc.). Additional research methods used by the researcher include the portrait-biographical method and analysis of original sources. The main conclusion of the research contains the thesis that Benoist's conservative concept combines both conservative elements (critics of liberalism, the natural human rights and justification of national socialism and empire building) and traditional European elements such as direct democracy and rationalism. An important feature of Benoist's doctrine is his critics of mondialisation which makes his teaching topical and time-sensitive and shows the potential of conservatism in this day and age.  
Vasil'ev A.A. - State and Law Ideology of the Conservative Revolution in Europe at the Beginning of the 20th Century: Oswald Spengler pp. 252-274

DOI:
10.7256/2409-868X.2015.1.14046

Abstract: Object of research is genesis and essence of state and legal ideology of conservative revolution in Western Europe of the first half of the XX century. As object of research development of conservative legal ideology of Western Europe acts. In work such aspects as essence of ideology of "conservative revolution", its main lines and features of political views of O. Spengler as representative of this ideology are affected. In research the issue of a ratio of conservatism and socialism, their mutual influence at each other is touched. Special attention is paid at O. Shpegler's views of the Russian civilization. As methodological installation the traditionalism assuming the analysis of modern political and legal institutes on the basis of immersion in traditional representations is used. and among methods - historical, a method of the analysis of primary sources, the genesis and essence of conservative revolution allowing to establish as currents of thought. The main conclusions of research is the following:1. Certainly, classical conservatism isn't identical revolutionary conservatism as never I called for radical restoration of old traditions and merge to socialist doctrines. The ideology of "conservative revolution" is absolutely special current within the European conservatism – the course of action, active opposition to a modernist style and reorganization of the European societies on a traditional harmony.2. the combination of achievements of conservatism to socialism meaning search of harmony between traditional outlook and anti-capitalist installations of socialism: planned and adjustable economy, solidarizm, cult of work and service, transformation of a private property into social function, apologia of officials and authoritative methods of management and elimination of market institutes, fight against bourgeois values (cult of a profit, money, capital) and culture of free trade. Scientific novelty of research consists in definition of the reasons, essence of ideology of conservative revolution through a prism of creativity of O. Spengler.
Malyugin S.V. - Theoretical and historical aspects of the definition of statehood: notion, types, and key features of modern and Russian statehood pp. 275-298

DOI:
10.7256/2409-868X.2015.4.15281

Abstract: This article focuses on the subject of statehood in the theoretical and historical key. The category of statehood is being examined trough highlighting the main characteristics of this phenomenon. Statehood is being viewed as a quality aspect of society, which is dialectically linked with the conception of statehood and support of its functionality. The author attempts to examine separate types of statehood. The subject of this research also includes studying of the key characteristics of statehood of modern countries, as well as the distinct traits of Russian statehood. Based on historical materials and study of the main legal political ideas, the author highlights the typology of statehood: depending on economic conditions, sociocultural identity of the society, and the level of social development. The author concludes that statehood, at the present stage of development of state and society of majority of the nations, is characterized by the legal organization of its vital activity, relative stability, multiculturalism, economic and territorial stability, involvement into cross-cultural processes, and number of other aspects.
Fetyukov F.V. - Evolution of perceptions on state functions: from philosophical ideas on essence, tasks and goals of state to the theory of state functions pp. 299-321

DOI:
10.7256/2409-868X.2015.4.15333

Abstract: The subject of this research is the scientific perceptions on state functions. The article follows the evolution of these perceptions from philosophical ideas on essence, tasks and goals of state to the theory of state functions to the concept of “state function” devised in the Soviet juridical science. The author gives a detailed review to modern perceptions of scientists on functions of statehood, and substantiates a close link between the notion of “state function” and concepts of “essence of state”, “state goals”, “state tasks”, and “state designation”. A special attention is given to the substantiation of the need to conduct systemic research on state functions. The scientific novelty of this research consists in advancement of a hypothesis on the evolution of these perceptions from philosophical ideas on essence, tasks and goals of state to the theory of state functions to the concept of “state function” devised in the Soviet juridical science.
Sosenkov F.S. - The idea of unity of Russia in political and legal views of K. S. Aksakov pp. 322-331

DOI:
10.7256/2409-868X.2015.4.14660

Abstract: The subject of research is the idea of the national unity, expressed in the works of one of the founders of the Slavophile direction of public opinion, K. S. Aksakov. The objectives of the work include the analysis of journalistic and artistic works of K. S. Aksakov to determine the position of the writer in relation to issues of state unity and counteract the centrifugal tendencies of the state-legal development of Russia. Special attention is paid to such sources as scientific and historical work " Brief sketch of County Councils" and the poem "the Liberation of Moscow in 1612". In the course of work used historical and comparative research methods, system analysis, and context-based analysis of the text. Scientific novelty of the conducted research is defining the problem and the involvement of previously underutilized for the history of the doctrines of the law and the state. The work allows us to conclude that K. S. Aksakov in different genre and purpose works consistently took quite a clear position on the need for political unity of Russia.
Ufimtseva E.V. - Genesis of the system of law in Russian jurisprudence in the second part of the XIX - beginning of the XX centuries pp. 332-354

DOI:
10.7256/2409-868X.2015.4.14446

Abstract: The article is devoted to characteristic of domestic lawyers’ and historians’ of the second part of the XIX – beginning of the XX centuries theoretical views about internal structure of Russian law, its analysis and description in connection with development of the conception of branch structure of domestic law in Russian jurisprudence in 1930-1950th. The author defines the concept “branch of law” which is using in modern conception of brunch structure of the system of law in contrast with some similar concepts of domestic jurisprudence of the second part of the XIX – beginning of the XX centuries. Besides criteria of the distribution of legal rules between different elements of structure of law in accordance with views of domestic lawyers and historians in the second part of the XIX – beginning of the XX centuries are described in this article too. The author was using general and specifically law methods and scientific approaches in writing of the article such as: methods of analysis and synthesis, method of abstraction, comparative jurisprudence method, historical and systematic approaches. The author describes the genesis of concept “branch of law” in domestic jurisprudence from beginning of the second part of the XIX century and characterizes criteria of the emergence of branches of law which were used by Russian theorists of this period of time, and the connection of these criteria with modern theoretical views about the system and structure of law. Besides the role of codification of legislation as one of the most important factors of development and organize of internal content of the system of law is described in the article too.
Sokolova E.S. - The cult of Apollo in the Greco-Roman political and legal tradition of the origins of the solar mnemonic semantics of the European monarchies of early modern pp. 420-447

DOI:
10.7256/2409-868X.2015.6.16407

Abstract: Abstract: This paper examines the key mnemonic images of the Apollonian cult with which formed the political and legal aspects of the Greco-Roman world view, including the idea of human nature, society, and the ancient polis as a reflection of the universal cosmic Logos. Reconstruction of the semantic meaning of a number of religious practices is based on the hermeneutical analysis of the ancient narrative and mytho-poetic tradition to identify memorial of codes by which the visualization of the dualistic concepts of the Greek-Roman ontology underlying the concepts of ancient intellectuals about ordering universal beginning and its coordinating role in the civil life of the polis community.Particular attention is paid to the problem of modeling strategies for text natural landscape gardens and other temples dedicated to Apollo, the ancient shrines in their visual representative context that existed as an integral part of the political and legal culture of the ancient citizen. Physical environment associated with the sacred representations of Greco-Roman intellectuals of the interdependence of solar, life-affirming incarnation of "radiant" of God and his usual dark chthonic forces, discussed in terms of its potential as a mnemonic materialized image of the eternal Logos. The author concludes that with the strengthening of monarchical principle Greco-Roman state polysemantic beginning Apollonian worship gives way to solar symbolism, which has played a crucial role in the creation of visual representative "scenarios" legitimation of the sovereignty of the supreme power in the European monarchies of early modern times.
Fetyukov F.V. - The problem of correlation between the society and government within the history of political legal thought pp. 448-478

DOI:
10.7256/2409-868X.2015.6.16211

Abstract: The subject of this research is the problem of correlation between the society and government within the history of political legal thought. The author thoroughly examines the outlooks of the thinkers of Classical Antiquity, Medieval Times, Renaissance Era, and New Times upon the place of society and state within the public-political system, as well as the correlation between them. A special attention is given to the search of systemic connections between these points of view. At the same time, the author underlines the current relevance of the researched problem and determines its fundamental positions, which characterize the correspondence of the modern society with the constitutional state. Among the main conclusions are the following positions: 1) with the emergence of state, begins the civilizational stage of development of the society, therefore we should talk about the correlation between society and government since the establishment of the first states; 2) civic society represents the foundation of the constitutional state; the unity of civic society and constitutional state is a “social whole”, in the foundation of which lie their common goals; despite the solidarity in goals, contradictions and conflicts are inevitable in both cases, inside the civic society, and between civic society and constitutional state; 3) civic society and constitutional state are so-called constraint factors for each other; the developed civic society established as a result of the natural development (and not artificially created by the government) that is able to organize public relations and provide their effective realization, by its nature has to carry more importance for the society as a whole, rather than government.
Zhdanov P.S., Romanovskaya V.B. - Legal self-consciousness in the conditions of New European worldview paradigm: posing a question pp. 472-489

DOI:
10.7256/2409-868X.2015.3.15117

Abstract: This article raises a question on the character and causes of crisis phenomena within the modern legal science. The authors point out at the direct correlation between the stated phenomena with the global cultural processes, first and foremost, with the collapse of previous modern worldview paradigm and the establishment of new system of values. The article presents a brief review of the key milestones in the development of philosophy of the XIX century, which testify about the emerging revision of the main elements of New European outlook and characteristic to it worldview. In addition to that, the article analyzes a number of legal concepts created by the Russian authors in the beginning of the XX century, which are connected by the interest towards the problem of legal consciousness under the conditions of the axiological crisis. Determination of the causes of the crisis of the modern paradigm within jurisprudence is being accomplished through the analysis of the process of changes in the structures of reasoning (episteme in the terminology of the M. Foucault), within the framework of which the legal concepts attain certain meaning, and outside of which they inevitably lose their vitality. As one of the conclusions, we can note the tight interconnection of the signified cultural processes with the crisis phenomena in the area of legal consciousness during the reviewed period of time, which therefore represent one of the manifestations of the bigger crisis of the very foundations of the New European outlook.
Kulikov E.A. - N. Y. Danilevsky civilizational approach towards the typology of states within the history of Russian legal thought pp. 479-508

DOI:
10.7256/2409-868X.2015.6.16042

Abstract: The subject of the conducted research is the political legal doctrine of the prominent Russian thinker of the XX century Nikolay Yakovlevich Danilevsky. The author analyzes the civilizational approach towards the typology of societies and states, which for the first time in the history of global thought was developed by this scholar in his fundamental work “Russian and Europe: Look Upon the Cultural  and Political Relations of Slavic Word with Romano-Germanic”. The attention is given namely to the political legal component of the aforementioned approach. The author examines the essence of N. Y. Danilevsky’s outlook and pursues a certain correlation between his approach and the approach of K. N. Leontyev and Eurasians. The author gives a detailed characteristic to the scientific approach of N. Y. Danilevsky towards the typology of states. Often, within the Russian juridical literature, it is forgotten that namely this thinker was the first to develop such approach 50-60 years ahead of his colleagues. In addition to that, the author compares N. Y. Danilevsky approach with K. N. Leontyev approach and reveals the distinctive and general features.
Verkhovodov E.V., Kurzenin E.B., Tsyganov V.I. - Conception of Legal Anthropocentrism in Works by Hugo Grotius pp. 490-500

DOI:
10.7256/2409-868X.2015.3.14980

Abstract: The article analyzes the works by an outstanding medieval European thinker that became a foundation for the further conception of natural rights. Hugo Grotius pointed them as his predecessors and called them the creators of a new science of Law. Beside the late scholastic school of such commentators as Bartolo, Baldo and their successor Gentili, Gortius actively used his contemporary and early protestant legal literature, the works by such protestant legal experts as Gemming, Winkler, Oldendorp who claimed to have worked out a new blessed by the true religion law. Based on the methods of comparative analysis, context analysis, historical and legal, system and historical, legal and other methods of scientific research, the authors make a conclusion that Gortius created a new scheme: a man (individual rights) – justice (social, natural) – law (issued by the government on the basis of natural principles). By this Gortius made a certain innovation: anthropological principle as a basis of natural law from which a the State Legislation will arise.
Vasil'ev A.A. - Heuristic and normative foundations of the conservative legal ideology Russia pp. 501-540

DOI:
10.7256/2409-868X.2015.3.14515

Abstract: The subject of the study is the cognitive and axiological foundation of the conservative legal ideology in Russia. The object of the work is a conservative legal ideology as a special doctrine of the law and the state. The study addresses such epistemological foundation of conservative legal ideology as intuitionism, the idea of holistic consciousness, historicism, organicism. On the basis of heuristic settings explained antirationalism conservatism, denial of the right of reception, the problem of collective entities. Particular attention is paid to the conservative interpretation of values, in which the right system plays the role of instrumental value as a means of stabilizing the society and maintain it in order. The author notes the ambivalence of value orientations conservatives.
Melyukhanova E.E. - Criminal punishment in the researches of the Russian jurists (late XIX till - early XX centuries) pp. 509-528

DOI:
10.7256/2409-868X.2015.6.15772

Abstract: The improvement of the criminal legislation including the system of criminal punishments throughout several years is carried out without the sufficient scientific substantiation. Currently, the improvement of the system of criminal punishments is impossible without a comprehensive examination of the historical experience. Thus, the presented article reviews the questions associated with the criminal punishment within the researches of the Russian jurists of the stated time frame. The author attempts to analyze and compare the notions of punishment and system of punishments, presented in the works of the Russian jurists of the late XIX and early XX centuries; the importance and effectiveness of the certain systems of punishments provided in the Russian Criminal Code of this period. The foundation for the research of the systems of criminal punishments became the principal positions of the materialistic dialectics, within the framework of which the system of criminal punishments is examined in a state of constant changes and gradual development. The jurists in their criminal legal researches of the late XIX and early XX centuries connected the punishment with the committed crime, i.e. the punishment was considered as a consequence of the committed crime. The concept of punishment, its essence and legal nature was determined mostly as a measure of state coercion. There is no doubt that the criminal legal researches of the jurists made a significant contribution into the development of criminal law science in the area of the doctrine on punishment.  
Ufimtseva E.V. - Different aspects of understanding of concept pp. 529-551

DOI:
10.7256/2409-868X.2015.6.16638

Abstract: This article is devoted to research of the actual juridical questions of the nature of the principles of law and the differentiation of branches of law. Genesis of the concept “principle of law” in domestic jurisprudence is described in the article – beginning with views of pre-revolutionary theorists, including notions of soviet lawyers, ending with points of view of modern researchers. More over principles of law are justified in this article as one of the subsidiary criteria of differentiation of branches of law. The author characterizes the nature of the principles of law in terms of objective and subjective in law, their location in the system of law and main functions. By the way in the article the opportunity of using of the principles of law in process of differentiation as subsidiary criterion are described, and some examples are provided. Also the author of the article provides, analyzes and comments soviet and modern theorists’ points of view about the principles of law, and the role of principles in organization of rules of law. The article will be interesting for wide range of readers: for researchers of the system of law and criteria of differentiation of branches of law, researchers of separate branches of law and practitioners.
Ufimtseva E.V. - S. S. Alekseev about the System of Law: Views on the Criteria of Differentiation of the Branches of Law pp. 541-566

DOI:
10.7256/2409-868X.2015.3.15199

Abstract: The article is devoted to the short review of theoretical views of system of the right of the outstanding domestic scientist-jurist – S. S. Alekseev. The author lit and analysed the key moments of work of S. S. Alekseev "Structure of the Soviet right" concerning questions of a structural structure of system of the right, a ratio of the concepts "the system is right" and "structure is right", values of the codified acts for system of the right. The main attention in article is paid to the analysis of the factors having the defining impact on structure of branch of the right both its character, and given and described by S. S. Alekseev in comparison with the theoretical criteria of differentiation of branches of the right offered by modern researchers of the right. When writing the present article by the author traditional general scientific methods and approaches and special and legal methods are used. The author of article gave criticism concerning each of the designated points of view about criteria of an otrasleobrazovaniye, opportunities and prospects of use of such criteria in the course of differentiation of branches of the right are described. Also the author of article characterized the theoretical conclusions concerning structure of system of the right made by S. S. Alekseev in the light of modern public and legal realities, their indisputable scientific value as basic basis for new researches of system of the right and its structure is emphasized.
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