Danilov I. —
Understanding the political and legal category of "Empire" in legal science
// Genesis: Historical research. – 2024. – ¹ 12.
– P. 76 - 83.
DOI: 10.25136/2409-868X.2024.12.69656
URL: https://en.e-notabene.ru/hr/article_69656.html
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Abstract: The article is devoted to the study of the fundamental concept of "empire" in legal science, its essence, nature and semantic content. In the Russian legal doctrine, which was formed under the long-term influence of Marxist-Leninist postulates, this category is not used in the scientific circulation of the classical theory of state and law. At the same time, the ambiguity of this term, its obvious relevance to the characteristics of the state structure and the extensive historical experience of the existence of imperial states make its legal analysis and comprehension extremely promising. The identification of the essence of the imperial factor will allow us to form new approaches to the study of states and the analysis of their forms. The article examines the category of "empire" both from the point of view of its legal content and from the point of view of its philosophical, political and socio-cultural content. The methodology of scientific research is based on the application of general scientific methods of cognition (dialectical method of universal cognition, systemic, structural and functional), general logical (analysis, synthesis, abstraction, comparison); private scientific (formal legal, historical). The application of the historical method made it possible to comprehend the patterns of evolution of the concept of empire in legal, political and sociological science. Based on the conducted research, various ideas about the essence and nature of the empire have been identified. The scientific positions identifying the empire with the historical type of state based on the establishment of certain principles, values and ideals as dominants for the organization of the most just and organic life of peoples under its rule; with the method of territorial organization of multinational states; with the form of state-territorial structure are revealed.
The article compares the presented positions. The correlation of the legal content of this concept, philosophical-political and socio-cultural is carried out. It is concluded that the legal projection of the empire category consists in its definition as a form of state, which determines the specifics of the form of government, state-territorial structure and political regime. The key features of the empire in these aspects are highlighted.
The presented results can be used both in conducting a historical analysis of the structural and functional features of specific imperial states within the framework of the history of state and law, and in developing a general conceptual and categorical apparatus for studying states and their forms within the framework of the theory of state and law.