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MAIN PAGE > Journal "Legal Studies" > Rubric "Legal and political thought"
Legal and political thought
Alpatov A. - Epystemology and ontology of law. pp. 127-194

DOI:
10.7256/2305-9699.2013.12.1021

Abstract: This study is aimed at analysis of law in its two key aspects: as a sphere of knowledge and as a type of social practice. From the standpoint of the traditional aspect of philosophical scientific studies (epistemological studies) the attention is focused at the final product of scientific activity, which is the system of scientific legal knowledge, its structure and genesis. Special attention is paid to the tendencies of development of scientific knowledge, first of all, within its inherent inner logic in relation to social and cultural reality. The structure of legal knowledge from the standpoint of its contents is analyzed in regard with differentiation of scientific research programs and the scientific directions, schools and traditions based on these programs.  The study of specific scientific research programs is based on their nucleus, which includes basic settings, forming the culture of legal reality or their ontology. The main goal of the study is to uncover the main directions of development of law, its structure and correlation with other basic social phenomena, to form and substantiate the philosophical basis for the optimum system of all of the said relations. The author attempted to systematize the views of legal scholars on the nature of law and he offers his own contours towards its understanding.  Special attention is paid to clarifying the contents of natural law and its correlation with the positive law. Novelty of this approach is due to the fact that natural law is discussed through the patterns of physical and social reality. At the same time its correlation with the positive law has a complicated hierarchy and structure.
Shchuplenkov N.O. - On the issue of contents of natural law in the works of Russian thinkers of second half of XIX - early XX centuries. pp. 170-207

DOI:
10.7256/2305-9699.2014.4.11649

Abstract: The article concerns the specific features of development of natural law views in Russia in XIX - early XX centuries. The author analyzes the main factors, which facilitated the formation and development of the natural law concept in the Russian legal thinking. The history of development of views of natural law in Russia in the XIX - early XX centuries finds its roots in Christianization of Russia, and its further development is due to the Europeanization of Russia. These factors shall keep their influence in the future as well, however, the issue of expressing authenticity of Russian Orthodox Christian spirituality through all the layers of the Western European philosophical and legal heritage shall gain more and more importance. Evaluating the development of the natural law, one should apply the unity of historical and logical methods of study. This unity may be found in setting the logical model free from accidental historical layers. The logical scheme of development of natural law is applicable to the various historical situations, and it is not related to accidental temporary matters. The historical reconstruction of legal development is required for the logical understanding of its patterns, and logical understanding of the objective historic development of law is also needed to reveal the inner mechanisms of its patterns. Christianity made the Russian life more humanistic, and it brought Russia onto a new moral orbit in the relations among the people and the ideas of due behavior at all of the levels of social relations. Additionally, Christianity facilitated Europeanization of Russia including the mental and moral levels. Europeanization of Russia took place rather slowly and it was opposed by the conservative elements at all levels. In any case Christianization of Russia facilitated the development of natural law views in the Russian history. However, the history of formation and development of the natural law concept was rather long and contradictory.
Nazmutdinov B.V. - Inellectual Sources of Legal and Political Views of the Eurasianism Classics pp. 188-239
Abstract: The author of the article stresses out that the formation and developmet of political and legal views of the Eurasianism classics (N. Alekseev, L. Karsavin, N. Trubetskoy, P. Savitsky and etc.) were based, first of all, on social, historical and spiritual atmosphere created by the emigration period when Eurasianism was formed, and secondly, on political and ideological influence of their predecessors. In this regard, the author of the article analyzes views by slavophiles such as N. Danilevsky, K. Leontiev, P. Novgorodtsev, L. Petrazycki as well as foreign philosophers such as Edmund Husserl,  Max Scheler, lawyers  Léon Duguit, A. Reinach and others. The author describes the main contraditions in Eurasianism followers that did not let thm to create an original political and legal doctrine. The main reason of such contradictions, based on the authr, was the gap between their relativistic and universal aspirations. 
Popov E.A. - Concept of State as an Axiological and Conceptual System in Philosophies of Law and Statehood pp. 193-217

DOI:
10.7256/2305-9699.2013.2.454

Abstract: The article is devoted a difficult issue which is, on one hand, well studied in law but, on the other hand, still remains the central problem in social and humanitarian studies. This is the question about interpretation and definition of state institution. The main purpose of this article is to shift from a famous definition of state institution as a political and legal social organization to axiological and conceptual definition of state institution and statehood. The main emphasis is made on viewing this problem from the point of view of philosophy and legal studies. It is in the first place very important for methodology, because it allows to describe a self-sufficient heuristic approach to studying state institution and statehood. 
Parkhomenko R.N. - Borish Chicherin about Law and the Concept of Separation of Powers pp. 251-284

DOI:
10.7256/2305-9699.2013.1.395

Abstract: The article is devoted to the ideas of a famous Russian political philosopher and jurist Boris Nikolaevich Chicherin (1828 - 1904) about state, civil society, definition of law and separation of powers. Today, when researchers talk about Boris Chicherin's philosophical legacy, they usually stress out that Chicherin was one of the founders of Russian legal science. Chichern wrote a number of works directly or indirectly connected with the issues of law, politics, history and theory of state. The cornerstone of his philosophy of law was the conception of human as a free personality. Chicherin political credo was the union between the liberal state and strong power - this is what Chichern viewed as the particular feature of the Russian State. For Chicherin legal order in a state was very important. Such legal order must limit the sphere of political power in all its form, either it is a democratic republic or monarchy. Chichern warned against the despotism of crowd and believed the principle of the ruling majority as the excuse of dictatorship. However, based on A. Valitsky, this Chicherin's position was not contradictory to political liberalism. Chicherin could have been described as a 'typical liberal of the epoch when liberalism and democracy were not inseparable and could even oppose to one another'. 
Rozin V.M. - The problem and three meanings of social justice. pp. 301-350

DOI:
10.7256/2305-9699.2013.4.661

Abstract: The article contains analysis of social justice. Firstly, the author studies the history of this term within the context of formation and development of European law. The author shows that at all of the stages of its development the law had double meaning: it was recognized as a form of social justice, and as abiding laws and guarantees of economic activities.  In the late XX century the third interpretation of law appeared. It provides that the law serves as means for constitution of social life, which causes various problems.  The second part of the article contains analysis of new social formation and two different concepts of social justice: Marxist and conformist.  Based upon the said analysis the author comes to a conclusion that there is no point in concentrating on the problems of social justice. It is more important to understand how sociality is formed, what are its typical development trends,and whether it is possible to forecast the consequences of formation and functioning of a new sociality.
Kruchinin S.V., . - Conceptual comparison of political and legal views based upon the heritage of Daniil Andreev and the thinkers of past and present times. pp. 320-350

DOI:
10.7256/2305-9699.2013.6.775

Abstract: The article is devoted to the place and role of comparative analysis in the studies of the heritage of political and legal views of Russian and foreign thinkers. The authors provide a detailed example of comparative analysis and conceptual comparison of the heritage of an extraordinary Russian thinker Daniil Leonidovich Andreev with the  ideal concepts of renowned thinkers of past and present times, such as Thomas Hobbes, Pitirim Aleksandrovich Sorokin, Ivan Antonovich Efremov, Samuel Huntington.  The authors find out analogies and similarities, as well as ideal oppositions.   This approach may be especially successful in interdisciplinary studies in the sphere of humanities, when used in combination with such methods as systemic analysis, hermeneutics, context analysis, biographical approach.  The comparison of political views of renowned thinkers, politicians, constitutional lawyers, and social-political utopianists,  offering their vision of the state formation problems  is of special interest at the time of large-scale social, political and economic changes.
Kruchinin S.V. - Views on the processes of inter-ethnical integration (ideological opposition of Daniil Andreev and Samuel Huntington). pp. 455-479

DOI:
10.7256/2305-9699.2013.5.769

Abstract: In this article the author uses analysis of views of a renowned American political scientist Samuel Huntington and an authentic Russian thinker Daniil Leonidovich Andreev in order to study conceptual approaches towards character studies and tendencies in the development of relations among nations and states within the framework of modern globalization and inter-ethnical integration of a human community.  The old mechanisms of ethnogenesis fail, and the global community undergoes painful transformations leading to the mutually opposing results, such as processes of integration and unification on one hand, and growing differentiation and separation of societies, revival of religious movements, separatism and fight for autonomy on the other hand.  All of the above is accompanied by both human tragedies and new steps towards modernization of the social structure.  In these conditions the new face of the global community is formed, and the goal of the study is to establish the balance of variously directed social and political events in order to establish the possible ways for the further development of the global community.
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