DOI: 10.25136/2409-868X.2020.6.33008

Abstract:  The subject of this research is the identification of legal views of the German jurist Daniel Nettelbladt – a bright representative of science of the encyclopedia of law at the stage of its conception as a science. The source base is comprised of the works of D. Nettelbladt and scientific writings of other legal scholars. The historical legal science does not pay due attention to the ideas and persona of Daniel Nettelbladt. Although, the Russian legal science lacks the monographic research of the political-legal concept of D. Nettelbladt, his scientific writings became the foundation for the Russian and German jurisprudence of the mid XVIII – first quarter of the XIX centuries, until the beginning of the triumph of German idealism (Kant, Hegel) and historical school of law (Hugo, Puchta, Savigny). The scientific novelty is substantiated by the subject and methods of research. The works of Daniel Nettelbladt have not been previously subjected to systemic and comprehensive examination, but his ideas and concepts retain their relevance. The core idea of Daniel Nettelbladt’s encyclopedia of law consists in interpretation of science as a natural law from the rationalistic perspective. He introduced the original theoretical concepts. The author examines the concept of law, jurisprudence, legal system in the context of scholar’s perception. The significance of D. Nettelbladt’s persona and contribution to the development of science of the encyclopedia of law is underlined.

DOI: 10.25136/2409-868X.2020.5.32762

Abstract: This article attempts to define encyclopedia of law as a science developed in the Russian Empire over the period from XIX century to 1917. The author employs dialectical, formal-dogmatic, systemic, comparative-historical methods. The source base contains monographs, textbooks and lections of the leading legal experts on the encyclopedia of law, theory of state and law. Currently, the historical-legal science does not pay due attention to encyclopedia of law. The scientific novelty is substantiated by the subject and methods of research. Comparison is conducted on the subject and object of research, methods, tasks and functions of the science of encyclopedia of law, as well as theory of state and law. Encyclopedia of law features the interpretation of legal science in its common grounds and organic unity; represents an overview on law connected by the single plot with various branches of law, and gives characteristics to the key provisions of law. A conclusion is made that the science of encyclopedia of law fulfilled mainly propaedeutic functions, and was an originator of the modern science of the theory of state and law. Further development and transformation of encyclopedia of law into the science of theory of state and law was substantiated by the advancement of other humanities – philosophy, sociology, etc. and historical events of the early XX century, which set new tasks and goals for legal science. The research results actualize the experience of development of the theory of law, as well as allow improving the theory of law based on the ideas and approaches of encyclopedia of law.