Genesis: Historical research - rubric History of political and legal doctrines
Genesis: Historical research
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Editorial collegium > The editors and editorial board > Peer-review process > Policy of publication. Aims & Scope. > Article retraction > Ethics > Online First Pre-Publication > Copyright & Licensing Policy > Digital archiving policy > Open Access Policy > Article Processing Charge > Article Identification Policy > Plagiarism check policy
Journals in science databases
About the Journal

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


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.
Mikhailov A.M. - Formation and Development of the Doctrine of Rule of Law in English Legal Thought pp. 22-44



Abstract: The subject of the study is the English constitutional doctrine of the rule of law, taken in the historical evolution of its understanding by leading authoritative lawyers and thinkers starting with H. de Bracton and ending with A.V. Dicey and modern British constitutional law jurists. The article presents both positivist and non-positivist interpretations of the doctrine. Particular attention is paid to the classical interpretation of the doctrine of the rule of law in the work of A.V. Dicey "Introduction to the Study of Constitutional Law" (1885): the main meanings of the concept are revealed and critical remarks set out in the British legal thought of the XX century are presented. The article concludes with a brief summary of the modern understanding of the doctrine of the rule of law in the contemporary legal literature. The novelty of the research is that for the first time in Russian jurisprudence, the historical reconstruction of the formation and development of ideas that make up the content of the doctrine of the rule of law is revealed. Special attention is paid to the contribution to the development of this legal doctrine by such jurists as J. Fortescue, E. Coke, S. Rutherford, J. Locke, A.V. Dicey. In addition, attention is paid to the distinction between interpretations of the concept by lawyers of the positivist and non-positivist legal thought. Critical understanding of A.V. Dicey's teaching on the rule of law and modern interpretations of the concept are presented for the first time in the Russian legal literature.
Dmitriev A. - Reasoning about the Masons' support of the monarchical power in Russia in 1817: source analysis pp. 27-54



Abstract: The object of the study is the text of the manuscript, and the subject of the study is its historical and legal characteristics. Research objectives: 1) establishing the reliability of the source and the accuracy of the information contained therein; 2) establishing the year, author, purpose, completeness and meaning of the source. The article introduces into scientific circulation a monument of political and legal culture of the first quarter of the XIX century, promotes the initial publication of the manuscript belonging to the Russian Freemasons of the first quarter of the XIX century. Based on the original source, the study shows what legal and political ideas were actually spread among Russian Freemasons. The reasoning demonstrates the continuity of the state-legal ideas of the domestic political and legal thought of the XVIII and XIX centuries. Within the framework of the study, a manuscript of the first quarter of the XIX century is published for the first time and the attribution of the manuscript is given for the first time: the establishment of the author, year, authenticity and meaning of the work - "Arguments about the support of the monarchical power in Russia by Masons". The reasoning was recorded by S.P. Fonvizin (1783-1860) from the words of the author Joseph Alekseevich Pozdeev (1742-1820) in 1817. The reasoning is aimed at supporting the estate monarchy among the Masonic brothers in Russia in the first quarter of the XIX century .The reasoning demonstrates a commitment to social peace based on "good morals" and conscientious performance of class duties. The reasoning is rich in elements of the organic theory of the state and natural-legal argumentation.
Kodan S.V. - Source studies within the structure of the history of political and legal doctrines: subject, goal, functions, and role pp. 28-43


Abstract: The subject of this research is determination of the place and role of source studies within the structure of the history of political and legal doctrines. The questions of source studies in the indicated legal science have not been previously studied, at best designated as such in works of the thinkers. Further research of the political-legal thought requires elaboration of the theoretical problems of source studies of the history of political and legal doctrines, first and foremost, determination of the initial parameters of the section of source studies of this legal science. The modern development of the theory of source studies in social sciences and humanities creates the prerequisite for its highlight and description. It is also necessary to consider the experience of studying the sources in the history of sociopolitical thought and the history of philosophy, in which the section of source studies of the specified sciences develop dynamically. This article is first within the works on history of political and legal doctrines explores the characteristics of the section of source studies of this science, i.e. its subject, goal, and functions. Emphasis is also placed on the importance of studying sources as the foundation for acquiring new knowledge on the history of political-legal thought, the need to work with the sources and lean on the achievements of other sciences of social-humanistic orientation.
Zubarev I.Y. - Underground and terrorist activities of anarchists during the establishment of Soviet power in Russia: the emergence and activities of the "anarchist underground". pp. 36-43



Abstract: The article deals with the causes and history of the emergence and activities of the "All-Russian Organization of Underground Anarchists" (VOAP), which began its activities after the deterioration of relations between anarchists and Bolsheviks. This paper reveals the reasons for the emergence of the organization, the motives of its terrorist activities. The author has researched and analyzed the literary heritage of the underground anarchists, studied the works devoted to the activities of this organization. All this made it possible to form an objective opinion about the activities, goals and objectives of this organization. The object of the study is the activity of the VOAP. The subject of the study is the history of the organization's formation, its propaganda and terrorist activities. According to the author, the VOAP originated from among the most radical anarchists who were dissatisfied and offended by the Bolsheviks, and their motives were revenge rather than revolutionary struggle. The roots of the motives of the "underground workers" lay in the events of the disarmament and defeat of anarchist groups by the Bolsheviks in the spring of 1918 and the subsequent repression of representatives of the left opposition. The terrorist attack carried out by the Moscow group VOAPA and its consequences not only did not become the beginning of the "third revolution", but on the contrary, alienated some sympathizers. The transition of the "underground" to individual terror was caused by revenge motives.
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


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.
Polyntseva N.F. - The worldview of Vasily Nikolaevich Leshkov pp. 39-49


Abstract: The subject of this research is the identification of views of Vasily Nikolaevich Leshkov. The source base consists of the works of V. N. Leshkov, scientific article published in the periodicals, texts of scientific reports. Theoretical framework contains the works on studying the concept of public law of A. A. Vasilyev, A. A. Tesli; works involving police law of K. S. Belsky, N. S. Nizgbik, T. O, Chukaev. The historical-legal science does not pay sufficient attention to the ideas and figure of V. N. Leshkov. The scientific novelty is substantiated by the subject and methods of research. The author attempted to examine the state-legal ideas of V. N. Leshkov, taking into account the questions of interaction between the government and society, as well as the grounds of the theory of public law. The significant contribution made by Leshkov to the sphere of public law and police law is highlighted. The scientific works of Vasily Nikolaevich Leshkov have not previously undergone systemic and complex examination, while the proposed by him theories and concepts remain relevant until today.
Surkov O.S. - P.E. Kazansky on the imperial power pp. 43-49


Abstract: This article is dedicated to the teaching of a conservative legislator, Professor P. E. Kazansky on the imperial power. The goal of this work is the consideration of structural components of his teaching and their interrelation in the context of liberal and conservative views of Russian of the end of XIX – beginning of the XX century. The relevance of Kazansky’s teaching is defined by the fact that at the presents stage of development, the national political-legal thought experiences the constantly growing influence of the elements of conservative discourse. A conclusion is made that the committed monarchist and organizer of the All-Russian National Union P. E. Kazansky, created an original doctrine on the concept of imperial power. The indicated doctrine differs from the official interpretation of Theophan Prokopovich, as well as nationalist concepts. P. E. Kazansky suggests a complicated in its structure theoretical explanation to the nature of autocratic power, which includes the historical, factual, sacral, cultural and juridical components. The correlation of the aforementioned components is viewed by Kazansky as a complex diachronic process, within the framework of which the formal-legal components of the concept of autocratic power hold a collaterally subordinate position.
Gorbunov M.D. - Formalistic and relativistic aspects of determination of the legal rules in Herbert Harts concept of law pp. 53-62


Abstract:   This article examines the expressed in Herbert Hart’s concept question of determination of rules in the legal system through the legislative and precedent mechanism. Legal formalism and relativism are viewed as the ultimate forms of explanation of the aforementioned question. The author underlines the need for joint application of these mechanisms due to the fact that the general behavioral rules, on one hand, comprise the essential core of legal system, while on the other – are not capable of producing the equally efficient effect in all private cases of legal regulation. Such limitations are associated with the structure of law, the nature of which is substantiated by the objective flaws in legal language. As a result of the analysis of Herbert Hart’s theoretical views in legal system within the context of schools of legal positivism and realism, it seems possible to make the following conclusions: firstly, the behavioral norms are fixed in the legal system through the mechanism of legislation and precedent; secondly, the implementation of general rules is restricted by the sphere of relatively simple cases that do not require the clarification of legal assignments; thirdly, the need for interpretation of the rules emerges as a result of uncertainty, substantiated by the transparent structureof law; fourthly, the open system of law lies in the limited descriptive ability of legal language, which fixates the rules; fifthly, the fulfillment of restrictions of the rules functions is realized through the mechanism of authoritative precedent decision that eliminates the legal uncertainty; sixthly, precedent does not substitute the rules, because the courts, even having ultimately broad powers, are limited by the norms that constitute the legal system itself. The acquired results presents significantly value from the perspective of development of the fundamental legal science, due to introducing into the scientific discourse the new to the Russian legal doctrine provisions, formulated within the frameworks of neo-positivistic concept of law of Herbert Hart – one of the leading philosophers of law of the previous century, whose works remain little-studied in Russia.  
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


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.
Dmitriev A. - State legal ideas of the Russian Freemasons of the late XVIII first quarter of the XIX century: questions of source study and historiography pp. 65-86


Abstract: This article is dedicated to the works of pre-Soviet, Soviet, and modern authors pertaining to the state legal ideas of Russian Freemasons of the late XVIII - first quarter of the XIX century. The study covers extensive research material published within the framework of historical, philosophical, and legal sciences, as well as in the area of culturology, philology, and political science. The article contains a literature review for the period of more than 150 years, as well as provides general description to the works of separate authors aimed at examination of Freemasonry alongside their legal and political teachings. The authorial assumptions are illustrated using the references and examples. The article carries out and chronologically classifies the selection of the main sources on the Russian Freemasonry for further legal research. Conclusion is made about the admissibility of application in the legal research of the results and conclusion made in the context of other sciences that explore the same object – the legacy of Russian Freemasonry of the late XVIII and first quarter of the XIX century.
Slobozhaninov O.K. - Science of the encyclopedia of law in the writings of German jurist Daniel Nettelbladt pp. 76-84


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.
Gorban V.S. - On the development of methodology of source criticism in the area of philosophy of law pp. 78-92


Abstract: This article explores the problem of development of methodological framework of source criticism in the area of history of political and legal doctrines (history of philosophy of law). Deficit of the related developments in both, national and foreign legal literature, has a highly negative effect on the quality of selection of the source research material and formulation of valid scientific conclusions that allow conducting historical-philosophical and problematic-theoretical reconstructions of legal and political ideas of the past and modernity in a proper way. The scientific novelty of this work consists in substantiation of scientific importance and possibilities of practical application of such relevant vector of legal methodology as the methodology of source criticism in the area of philosophy of law (history of political and legal doctrines), which is interpreted not only as a set of instrumental cognitive acts, but also as a combination of principles and techniques of ensuring veracity of the content, concept and purpose of legal and political ideas of the past and modernity.
Mamychev A.Y., Filippova M.K. - Medieval tradition of archetypal research of the public authority organization pp. 82-94


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.  
Gorbunov M.D., Romanovskaya V.B. - Methodological prerequisites of neopositivist concept of law in the scientific works of Herbert Hart pp. 93-101


Abstract: This article analyses the methodological grounds of neopositivist concept of Herbert Hart that found reflection in early works of the legal philosopher. Hart’s criticism of the doctrine of logical-philosophical analysis of language allowed forming a new method of philosophical definitions of the social terms based on understanding of contextuality and relativity of verbal expressions. Linguophilosophical theory of legal language, formulated in Hart’s works, determined the theoretical-legal views of the scholar being translated into his fundamental work “The Concept Of Law”, which significantly influenced he establishment of the school of analytical jurisprudence. Having analyzed the early works of Herbert Hat, the author was able to formulate a method of philosophical definition of the social terms that comprised the foundation of his philosophical and theoretical-legal methodology. At the same time, the scholar does not create a holistic methodology and meaningful concept of legal language, being limited by the questions of peculiarity of the use of legal language and specificity of the analysis of legal concepts. Hart’s application of knowledge in the area of linguistic philosophy took the form of analytical tradition in jurisprudence. The acquired results are of great importance for the development of legal theory and philosophy of law, because allow more precisely determining the grounds of the neopositivist concept of law of Herbert Hart – one of the leading philosophers of law of the previous century, whose works are relatively unknown in Russia.
Apol'skii E.A., Mamychev A.Y., Mordovtsev A.Y., Trigub G.Y. - Legal mentality and methodological foundations of the dissertation development of legal studies in Russia (late XIX early XX centuries) pp. 110-117


Abstract: The object of this research is the political legal though of the late XIX – early XX centuries; while the subject is the process of formation of the national methodological foundations of the dissertation development of state legal studies over the period of the XIX – early XX centuries in the Russian Empire. Particular attention is given to the mainstream, mental elements and development trends of the national political legal thought, “methodological preferences”, worldview orientations in examination of the political and legal phenomena and processes. The authors considered the master’s and doctoral theses on state law, defended in the law faculties of universities of the Russian Empire, which selected the issues and questions of the methodology of science as the subject of research; using the legal-hermeneutic and comparative-historical methods, were examined the goals, tasks, content, and results of the theses of the indicated timeframe. The work determines the general patterns of genesis and development of the methodological legal studies contained in the pre-revolutionary theses, which were justified by the specificity of evolution of the legal science in Russian in the late XIX – early XX centuries. A conclusion is formulated about the peculiarities of origination of the national methodological grounds of dissertation development of the legal studies in Russia over the indicated timeframe.
Slobozhaninov O.K. - The science of encyclopedia of law in the Russian Empire for the period from XIX century to 1917 pp. 122-140


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.
Krasnov A.V., Skorobogatov A.V. - Legal value in Russia: theoretical-legal and retrospective analysis pp. 126-143


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. - 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


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.
Kodan S.V. - Historiography within the structure of history of political and legal doctrines: subject field, objectives, tasks, and functions pp. 126-137


Abstract: The scientific context of studying the historiography of the history of political and legal doctrines is associated with its positioning within the structure of the indicated historical legal science, and represents a challenging problematic that orients the researcher towards understanding the processes of development of this science through the prism of historiography as a reflection of its history. This necessitates to determine the subject field, objectives, tasks, and functions of historiography within the structure of the indicated science, which is the key vector of this research. At the same time, the analysis of these questions leans on universal vision of the development of historiography in the social sciences and humanities. The scientific novelty is defined by the fact that the historiographical problematic in the history of political and legal doctrines is studied insufficiently; therefore, this article is the first attempt to position historiography as a scientific discipline of historical legal trend, and present an original perspective on the topic. Emphasis is placed on examination of the key characteristics of historiography as part of history of political and legal doctrines: subject matter, objectives, tasks, and functions. At the same time, the author relies on the historiographical developments in social sciences and humanities, namely in the historical science, based on which presents an original perspective on the role of historiography as a part of history of political and legal doctrines is.
Korovin K.S. - The forming political legal doctrine of the Soviet constitutionalism and peculiarities s of its studying in the history of political and legal teachings pp. 138-149


Abstract: The subject of this research is the political legal doctrine of Soviet constitutionalism during the period of establishment of the Soviet State. The author presents his interpretation of the political legal doctrine as a specific form of material incarnation of the idea of the state. Its Soviet version had certain historical and conceptual peculiarities. First and foremost, it implied the ideology of Marxism-Leninism, which fully determined the content of the fundamental notions and concepts of the political legal doctrine, developed in the constitutional commission of 1918. The framework of the Soviet constitutional system were reflected therein, as well as in the text of the Constitution of the RSFSR. It appears that ideocracy became the key vector of self-identification of the Soviet Russia. The analysis of the main ideological postulates of the Constitution of the RSFSR of 1918 allowed concluding that the Soviet State is a typical example of the ideocratic state, which should be interpreted as a social system founded on the dominant ideology. Its basis was the Soviet constitutional identity that predetermined the level of perception and approval of the government actions by the population. Methodological specificities of the analysis of the Soviet political legal doctrine reflected in its logical-theoretical framework and provisions. The logical-theoretical framework was analyzed via morphological (structural) approach that focuses on studying the structure of ideologies on the micro-level. The provisions of the political legal doctrine were reflected in the discussions and discursive practices in terms of the constitutional commission, which were examines in the course of this research via studying speech acts and political language.
Korovin K.S. - Lenins understanding of the right of nations to self-determination and the Soviet constitutional doctrine of 1922-1923 pp. 180-189


Abstract: The internationalist socialist ideas, originated in Europe and reflected in the ideas of Bolsheviks, manifested in the slogan of the right of nations to self-determination. The genesis of such principle using methodology of the history of notions allowed determining the conceptual grounds of the Soviet constitutional project. Prior to the Revolution of 1905, V. I. Lenin started to write on the national self-determination, in which he initially saw the bourgeois and counterrevolutionary content. However, by 1913 Lenin attached the class and proletarian meaning to it, since it became evident to Bolsheviks that tactically the use of bourgeois nationalism may be profitable for integrating the socialist republics into a single union. The period from 1917 to 1921 the principle of sovereign equality of states was recognizes at the party congresses and conferences; in essence, the right to secession for the constituent republics of USSR was formulated. It is worth noting that the aforementioned ideas reflected in the Treaty and Declaration on the Creation of the USSR, and later in the Soviet Constitution, which concept was elaborated in 1922-1923. Namely the question on the form and content of the constitution founding document of the future union became the matter of disputes, as the right of nations to self-determination dictated particular framework for sovereignty of the republics. The article provides a detailed analysis of genesis of the idea of self-determination of the nations in V. I. Lenin’s political doctrine, as well as its implementation in the constitutional doctrine of the future Union State.                   
Vasilev A.A. - Neoconservative Political and Legal Ideology of Alain de Benoist pp. 223-240


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.   
Vasilev A.A. - State and Law Ideology of the Conservative Revolution in Europe at the Beginning of the 20th Century: Oswald Spengler pp. 252-274


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.
Korovin K.S. - Socialist idea and methods of constitutional implementation in 1918 pp. 268-283


Abstract: This article demonstrates that socialism was the key political concept for the nascent Soviet constitutionalism. The matter is that the political-legal ideas of V. I. Lenin underlied the ideology of Bolshevism, which became the basis of the entire legal system of the Soviet state. The author traces the evolution of socialist ideas and their reception by the Russian social democracy. In the Bolshevik party, the idea of a socialist society has acquired rather utopian and radical forms than the initial European model. This was associated with the fact that socioeconomic, political and cultural conditions dictated certain framework for the implementation of socialism. The Communist Party had to establish the socialist principles and fundamentals of the Soviet society on the constitutional level. This led to robust debates on the issue in the constitutional commission. The discourse that emerged due to the adoption of the Constitution of the RSFSR of 1918 is poorly reflected in the scientific publications; therefore, the author provides brief biographical data of the key members of the constitutional commission. This allows correlating the political-legal ideas with the historical and personal contexts. It is worth noting that such concepts as “socialist society”, “association” and “union” underlie the comprehension of the essence of state and law. This served as the basis for further discussion of the goals and objectives of the councils, first steps, as well as rights and responsibilities of citizens.
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


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


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


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


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


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


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


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


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., Ziganov V.I. - Conception of Legal Anthropocentrism in Works by Hugo Grotius pp. 490-500


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.
Vasilev A.A. - Heuristic and normative foundations of the conservative legal ideology Russia pp. 501-540


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


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


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


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.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.