Sheptalin A.A. —
On the Validity of the Separation of the Cathegory "Origins of Law" in the Theory of Law and State
// Genesis: Historical research. – 2024. – ¹ 5.
– P. 20 - 28.
DOI: 10.25136/2409-868X.2024.5.40763
URL: https://en.e-notabene.ru/hr/article_40763.html
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Abstract: The object of research attention in the article was the phenomenon of the origins of law. The main approaches in Russian historiography to the definition of the sources of law and their relationship with the sources of law are considered as the subject of the study. The purpose of the work is to attempt to substantiate the need to separate the sources of law from the semantically overloaded category of sources of law into an independent category. The author pays special attention to the polarity of opinions in the existing discussion regarding the origins of law, which is due to both the lack of elaboration of the problem, the polysemy of the term "source", and the differences in approaches to legal understanding.
The author focuses on the fact that in various classifications there is a special division of the sources of law into "primary", which once in ancient times laid the foundation for the institution of law, and "secondary", functionally feeding the law up to the present. On this basis, regardless of the approach to understanding law, it seems logical to separate the "primary" sources of law into a separate theoretical category of "sources of law" with the prospect of its consolidation in the theory of state and law. The practical significance of the allocation and the need for a special study of the origins of law are justified by the fact that the search and identification of the chronologically oldest sources of law in the system of regulatory regulation of a potestar-early class society can be the key to an attempt to develop a universal, integrative definition of law.
Sheptalin A.A. —
Genesis and establishment of the normative regulation of the institution of property in the primitive clan society
// Genesis: Historical research. – 2020. – ¹ 5.
– P. 52 - 69.
DOI: 10.25136/2409-868X.2020.5.31633
URL: https://en.e-notabene.ru/hr/article_31633.html
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Abstract: The subject of this research is the process of emergence and establishment of normative regulation of various forms and types of property in the kinship community. The object of this research is the normative regulation of property, usage of management of real and personal property at the stages of early and later kinship community in the historical dynamics. The goal consists in the attempt of approximate reconstruction of genesis, key stages and peculiarities of establishment of the normative regulation of initial forms and types of property based on the data of legal and economic anthropology. Research methodology is based on the anthropological concept of multilinear neo-evolutionism that allows accurate usage of materials on the synpolite primitive ethnoses for reconstructing the preliterate period overall, as well as different aspects of the genesis of state and law in particular. The novelty is defined by the fact that this topic has not previously become a topic of special examination within the Russian historiography. Using the wide variety of ethnological material, the author doubts the dominant in science representation of the primitive hypercollectivism, substantiates the emergence of complexly structures hierarchical system of property back at the stage of early kinship community, which was regulated by the ancient moral, religious and legal traditions – mononormativities. The consequences of Neolithic revolution are associated with the genesis of family property as the initial form of private property. Its establishment is demonstrated in the context of rights to real and personal property among the clans of economic-cultural types. The author believes that the formed in the Neolithic Age system of common law replaces the previously existing mononormativities in order to serve the new forms of property and socioeconomic relations in the stratified society that was moving towards the emergence of social classes and the state.