Philosophical Thought - rubric Philosophy of law
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MAIN PAGE > Journal "Philosophical Thought" > Rubric "Philosophy of law"
Philosophy of law
Faritov V.T., Balakleets N.A. - The ontology of law and economy (postmetaphysical trends in the teachings of G. W. F. Hegel and S. N. Bulgakov pp. 59-71


Abstract: The subject of this article is the ontological grounds of the phenomena of legal and economic activities. The research material is based on the conceptual modelling of G. W. F. Hegel and S. N. Bulgakov. A comparative analysis of Hegel’s “Philosophy of Law” and Bulgakov’s “Philosophy of Economy” is conducted. The foundation and conceptual horizon of the comparative analysis is the idea of crisis in the European metaphysics and search for ways of overcoming it within the Russian philosophy. Therefore, main attention is given to explication of the crisis occurrences in Western metaphysics and postmetaphysical trends in Russian philosophy. The authors apply the methodological principles, paradigms of philosophical comparativism, principles of historical-philosophical study, and method of historical-philosophical reconstruction. The main conclusion lies in the thesis that with regards to the European metaphysics, the thought of S. N. Bulgakov (along with many other representatives of the Russian religious philosophy, beginning with V. S. Solovyev) is in a complicated state of attraction and repulsion. The research demonstrates that what for Hegel is the superior stage of self-comprehension of the spirit (state, law), for the Russian philosophers is just a perishable moment.
Garshin N.A. - The problem of correlation between tolerance and punishment in the philosophy of law pp. 77-82


Abstract: The subject of this research is the interrelation between the changes of interpreting tolerance within the history of philosophical thought and the transformation of penitentiary system throughout history. Particular attention is given to the search for concordance between the concepts of tolerance and approaches to punishment within the framework of the philosophy of law. The author believes that through the prism of changes in penitentiary field, the boundaries of tolerance within intolerance become evident. This, in turn, reflects the level of development of humanism in the society, readiness of the government to contribute to re-socialization of a perpetrator, and provide him with opportunity to become a full-fledged member of society. The main research method is the functional analysis that allows determining the important aspects in social interaction of tolerance and punishment. The scientific novelty consists in reflecting the correlation between the tolerance and penitentiary system for a more competent explanation of transformation of these phenomena. The author also analyzes the essence of the approaches towards punishment in the context of the philosophy of law. The main conclusion lies in understanding of the fact that the higher is the level of tolerance, the more the government and society are interested in re-socialization of a person who got into trouble – the higher is the likelihood of his return to the civilized way of living. Namely such attitude is the closest to the idea of tolerance.
Suslov A.V. - Human rights and freedoms as an object of philosophical reflection: from classical origins to nonclassical perspectives pp. 94-104


Abstract: The object of this research is human rights and freedoms as a unique social and cultural phenomenon, and the highest value of the society. The subject of this research is the classification and genesis of human rights, and changes therein in light of the recent scientific achievements and global transformations taking place in socioeconomic, political, and cultural life. The article examines different approaches of modern science towards classification of human rights, analyzes the origins and evolution of the institution of human rights and freedoms based on the generational approach, as well as their development prospects in the current context. The author underlines that the set of human rights of the first three generations, embodies in the international documents and constitutional practice of majority of the democratic countries, cannot be considered exhaustive, and there is potential for their extension due to the emergence of new types of rights, as well as advancement of the mechanisms for their enforcement. The author familiarizes the audience with the ideas that underlie the forming fourth and fifth generation, including the little-known opinion of a remarkable legal expert Sergei Iventiev, The conclusion is made that the current stage of evolution of the institution of rights and freedoms largely depends on protection of the spiritual and moral values of the individual and society.
Parkhomenko R.N. - English Democracy Tradition of the XVIIth Century (B. Chicherin) pp. 163-186


Abstract: In article democratic currents in English social thought of the XVII century in treatment of the brilliant domestic encyclopedic thinker B. N. Chicherin are shined. For today at us in the country it is rather low-studied area of the political philosophy, which studying as it is represented, can help development of own liberal concepts with modern Russia. B. Chicherin arguing on development of concepts of the state, the right and human freedom in intellectual history of mankind I believed that the state as institute of the public power, though connects society of individuals in a whole, but thus it shouldn't suppress freedom of his members. The person by the nature is a free being – about it English democrats of the XVII century wrote very much. Methodology of research was work with little-known texts, both domestic, and foreign. Work can be used when teaching a course of history of social philosophy or history of political doctrines. As a result of consideration of the main democratic ideas in England it is possible to notice XVII century that done English democrat publicists in the XVII century I was important and productive. As well as the first revolution in England, and works of Sydney, Garrington, Milton and Gaulle were that base, that initial stage in development of democratic theories of a state system, leaning on which already such known philosopher as, for example, John Locke, could create the integral and thought-over theory of the natural right and to become the founder of individual school in philosophy.
Fat'yanov I.V. - Nature and Philosophical Significance of the Experimental Method in Lawmaking Activities pp. 250-264


Abstract: The article deals with the genesis and nature of the experimental method from the perspective of the philosophy of law. The author points out the two distinct values of the experimental method in jurisprudence. The article also offers the author's definition of the experimental method applied to the experimental lawmaking.
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