Antonov V.F. —
Evolution of perceptions on criminal volition in the context of establishment of the modern legal systems
// Law and Politics. – 2018. – ¹ 9.
– P. 35 - 42.
DOI: 10.7256/2454-0706.2018.9.43166
URL: https://en.e-notabene.ru/lamag/article_43166.html
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Abstract: This article examines the questions of theoretical substantiation of criminal responsibility in the historical and philosophical-legal aspects. It is commonly known that the established standards of the delivery of justice reflect the peculiarities of historical evolution of the traditional institutions of classical criminal law that regulated the grounds for criminal charges. The author notes that the current concept of criminal responsibility is built on the medieval representation on condemnation of criminal volition that manifest in the specific worldview orientations. Similar views are traced in the works of the representatives of German classical philosophy, as well as the more recent philosophical-legal doctrines. The conducted historical analysis demonstrates that in the countries belonging to the continental legal system, prosecution was traditionally administered within the framework of the worldview concept on the adverse impact of criminal volition. The grounds for criminal responsibility is the negative attitude of an offender towards the basic social values, which manifested in the specific unlawful acts. The work systematizes the theoretical representations on the legal nature of criminal responsibility, describes the philosophical views upon the subjective nature of crime. Particular attention is given to the analysis of theoretical views of the representatives of classical school of criminal law, who determined the conceptual content and functional purpose of the majority of modern criminal legal institutions.
Antonov V.F. —
Axiological aspects of lawful behavior
// Law and Politics. – 2015. – ¹ 10.
– P. 1449 - 1454.
DOI: 10.7256/2454-0706.2015.10.16299
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Abstract: The presented article is dedicated to the examination of axiological aspects of lawful behavior, as well as to the analysis of scientific approaches formed on that issue. The object of this research is the social relations, which provide the establishment of the mechanisms of lawful behavior in the conditions of free declaration of will. The subject of this work is the axiological aspects of lawful behavior that are manifested in various behavior traits. A special attention is given to the questions of emergence and development of the theoretical ideas on moral principles of the legal liability. The modern approaches towards understanding the nature of modern lawful behavior, as well as the outlook of the renowned scholars exploring this problem, are being analyzed in the course of this work. The scientific novelty of the research consists in determination of factors and prerequisites of lawful behavior, which comply with the system of values and positively affect the parties of the established system of legal relations. In author’s opinion, the lawful behavior is based on the fundamental values, which maintain a necessary level of legal order, moral, and ethic. Despite the multiple approaches towards the understanding of dialectical category of right and wrong, the article presents a proper outlook, which is based on the absolute values and substantiates the existing system of public responsibilities.
Antonov V.F. —
Axiological aspects of lawful behavior
// Law and Politics. – 2015. – ¹ 10.
– P. 1449 - 1454.
DOI: 10.7256/2454-0706.2015.10.42823
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Abstract: The presented article is dedicated to the examination of axiological aspects of lawful behavior, as well as to the analysis of scientific approaches formed on that issue. The object of this research is the social relations, which provide the establishment of the mechanisms of lawful behavior in the conditions of free declaration of will. The subject of this work is the axiological aspects of lawful behavior that are manifested in various behavior traits. A special attention is given to the questions of emergence and development of the theoretical ideas on moral principles of the legal liability. The modern approaches towards understanding the nature of modern lawful behavior, as well as the outlook of the renowned scholars exploring this problem, are being analyzed in the course of this work. The scientific novelty of the research consists in determination of factors and prerequisites of lawful behavior, which comply with the system of values and positively affect the parties of the established system of legal relations. In author’s opinion, the lawful behavior is based on the fundamental values, which maintain a necessary level of legal order, moral, and ethic. Despite the multiple approaches towards the understanding of dialectical category of right and wrong, the article presents a proper outlook, which is based on the absolute values and substantiates the existing system of public responsibilities.
Antonov V.F. —
Legal Regulation of Socially Active Behaviour
// Politics and Society. – 2015. – ¹ 5.
– P. 579 - 585.
DOI: 10.7256/2454-0684.2015.5.13793
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Abstract: The article examines controversial issues of the regulation of socially active behaviour under the circumstances of the establishment of the legal state and civil society. Sociological researches persuasively prove that social activity is based on the aspiration for self-fulfilment, which is manifested in different behavioural aspects. From the author's point of view, any social activity is a result of aspiration for the creative fulfilment, actualisation of talents and skills, aimed at the satisfaction of certain social demands. However, personal self-fulfilment is originally connected with the meeting of social and cultural demands of social, economic, political and ethnocultural kind. The article points out that such motivation is formed under the influence of the worldview attitudes and corresponding regulators of values, prevailing on a certain stage of social development.
The work outlines that in democratic states the dominating idea of free personal development traditionally resides in the range of constitutional principles of state development. Any artificial obstacles resisting the processes of intellectual, spiritual and moral development create prerequisites for the formation of anti-culture which destroys state and legal institutions. The novelty of the research involves the determination of the prioritised directions of state policy that provide social activity of citizens in modern democratic society. From the author's point of view, the stimulation of rightful behaviour implies social ascent of the citizens who provide the support of the fundamental values and actively participate in public initiatives. An essential condition for the functioning of the civil society are the legal mechanisms aimed at the formation of a leading stratum, participating in the implementation of the most significant fields of the state policy.
Antonov V.F. —
// Philosophy and Culture. – 2009. – ¹ 9.
DOI: 10.7256/2454-0757.2009.9.2399
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