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Korzhenyak A.M.. From Bentham to Hart: Dynamics of Development of Juspositivism Key Ideas in the English-Speaking World (XIX - XXI Centuries) // Law and Politics.  2024. № 12.  P. 16-47. DOI: 10.7256/2454-0706.2024.12.69574 EDN: VMNWSB URL: https://en.nbpublish.com/library_read_article.php?id=69574
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Abstract: This article analyzes the peculiarities of the development of legal positivism (juspositivism) in the countries of the Anglo-Saxon legal family. This approach to legal understanding was developed by professional lawyers and reflects the specifics of their legal consciousness focused on the study of positive law and its practical implementation. The key concepts defining the historical trajectory and problem field of legal positivism in the Anglo-American tradition, namely the legal teachings of Thomas Hobbes, David Hume, Jeremy Bentham, John Austin, Matthew Hale, William Blackstone, John William Salmond, William Jethro Brown, Herbert Hart are explored. As a result of the research the author made the following conclusions. The theoretical basis of the “first” legal positivism in England was largely laid by the political-legal teachings of T. Hobbes, in which it is possible to identify some common features with the legal concepts formulated by J. Bentham. The methodological basis for the British theories of legal positivism can be found in the concept developed by D. Hume. It presupposes the separation of two spheres: that which ought to be (“proper”) and that which is in effect (“essence”). At the same time, it is argued that the object of cognition and scientific research should be only the area of “essence”. The peculiarities of the genesis of the key institutions in the family of common (precedent) law determine the directions of the development of juspositivism concepts in the Anglo-American tradition. However, it is important to fix the special manifestations peculiar to “common law” and ways of adapting them to the provisions and principles of analytical jurisprudence. The paper also provides a brief overview of selected criticisms of Herbert Hart’s positivist project by John Finnis, Joseph Raz, Neil McCormick, and some other representatives of contemporary analytic jurisprudence.
Keywords: John Austin, Jeremy Bentham, analytical jurisprudence, legal consciousness, command concept, Anglo-American tradition, legal positivism, philosophy of law, Herbert Hart, post-Hartian juspositivism
Reference:
Biyushkina N.I.. The views of scientists-police officers on the problem of epidemic prevention // Law and Politics.  2024. № 5.  P. 38-48. DOI: 10.7256/2454-0706.2024.5.68708 EDN: KMJXKQ URL: https://en.nbpublish.com/library_read_article.php?id=68708
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Abstract: The subject of the study is the provisions formulated by foreign and domestic jurists in the field of policeistics regarding the prevention of epidemic threats. The article provides a comparative legal analysis of the views of cameralist authors on these issues in antithesis with the views of representatives of social Darwinism. The aim of the study is the scientific reconstruction of the political and legal model of the functioning of state power structures, namely the executive and medical police for the prevention of epidemic diseases, presented in the works of scientists-police officers of the late XVIII – early XX centuries. Abstraction, comparative legal and content analysis were chosen as the methods of study, with the help of which the works of political scientists were studied. The scope of application of the results and their novelty lies in the awareness of the value of the accumulated social and state-legal experience in the prevention of various kinds of epidemics. In the context of the emergence of a new coronavirus infection, the problem of determining and promptly applying a set of effective anti–epidemic measures has become particularly acute, many of which had deep historical roots and were reanimated as living conditions and everyday life, on the one hand, and the imperious dictates of the state, on the other. The conclusions and results of the work were accumulated on the basis of studying the works of representatives of the science of the police state and law. It was revealed that the stated problems are historically imperishable. The complex of preventive measures of an anti-epidemic nature was developed which historically spontaneously and entered into the usual norms of everyday life in Russia since ancient times. Since the XIV century, all kinds of quarantine and other restrictive measures have been taken to counteract mass diseases. At the same time, these diverse measures had a common focus despite the various sources of origin and development.
Keywords: medical police, Medical regulations, royal decrees, restrictive measures, government orders, normal standards, combating mass diseases, preventive measures, epidemic threat, police science
Reference:
Gorban V.S., Gruzdev V.S.. The nature of G. Kelsen's legal views // Law and Politics.  2023. № 11.  P. 91-100. DOI: 10.7256/2454-0706.2023.11.68818 EDN: LKOTWB URL: https://en.nbpublish.com/library_read_article.php?id=68818
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Abstract: The article examines the legal ideas of the Austrian lawyer H. Kelsen, which became a significant milestone in the history of legal thought in the second half of the twentieth century and remain relevant for the modern theory of state and law. The interest in H. Kelsen's ideas is conditioned by both substantive moments and reasons related to ensuring a proper understanding of the nature and place of his legal teaching in the history of political and legal thought. Along with the scientific and cognitive significance of his work for the modern theory of state and law, it is nevertheless accompanied by numerous inaccuracies, ideological distortions and falsifications. The article shows that the research of H. Kelsen only continues the long tradition of "pure" teachings on law, largely reproduces the previously known and quite popular ideas of their predecessors. It is not at all a source for the modern theory of law, as is often stated in the scientific literature, but only demonstrates the possibilities of a certain development of legal understanding and ways of knowing law based on a combination of the traditions of Kantianism ("pure doctrines of law"), neo-positivism, interpretation as an explicit problem of philosophy. The research methodology is based on special methods of studying political and legal doctrines, including source analysis, linguistic analysis of foreign texts, comparison.
Keywords: logical positivism, interpretation of law, pure law, modern theory of law, neo - Kantianism, normativism, Kelsen, history of legal thought, normological positivism, normal law
Reference:
Gorban V.S., Gruzdev V.S.. About the realism of legal realism // Law and Politics.  2023. № 10.  P. 24-37. DOI: 10.7256/2454-0706.2023.10.68817 EDN: MXZIJS URL: https://en.nbpublish.com/library_read_article.php?id=68817
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Abstract: The article discusses the problems of clarifying the nature, content and orientation of legal realism, which has become a popular modern approach to understanding law, primarily related to the history of legal thought in the United States, as well as the works of some Scandinavian authors of the twentieth century. The article demonstrates that legal realism in the interpretation of American and Scandinavian authors often reproduces realism in a peculiar way as a technique of epistemological and ontological nature. As a kind of original paradigm for understanding issues of legal practice and overcoming gaps in legal regulation, American legal realism can be an interesting object of study, however, as a theoretical concept or methodological technique, it has many vulnerabilities, which are especially evident when properly reconstructing the history of legal thought. The novelty of the research lies in highlighting the problems of legal realism from a critical position, both in terms of its name and semantic content. The study draws parallels between the ideas of Marxism about the prospect of the extinction of over-the-top phenomena, such as law, and the slogans of American legal realists about the need to fight theory and conceptualism. New directions and perspectives of the analysis of the history of legal thought of the twentieth century are outlined, which make it possible to more accurately identify the actual scientific and cognitive potential of approaches claiming a realistic understanding of law. It is shown that the requirement of reasonableness and overcoming excessive dogmatism are a cross-cutting theme for the history of legal thought.
Keywords: american legal thought, normativism, pragmatism, understanding the law, legal realism, marxism, history of legal thought, instrumentalism, economic basis, legal superstructure
Reference:
Sekretaryov R.V.. The works of Professor A. S. Smykalin on canon law and state-confessional relations: ad deliberandum. // Law and Politics.  2023. № 9.  P. 60-70. DOI: 10.7256/2454-0706.2023.9.44028 EDN: ZSSQDZ URL: https://en.nbpublish.com/library_read_article.php?id=44028
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Abstract: The object of the study is the state-confessional relations in Russia at the present stage. The subject of the research is state (secular) legal acts regulating the legal status of religious organizations, the norms of canonical (church) law, as well as the works of Professor A. S. Smykalin, in which the scientist explores the stated topics and gives a legal assessment of both public relations in which the state and religious organizations interact, and intra-church legal phenomena (internal the institutions of religious organizations). In preparing the work, the author sought to follow the principles of scientific objectivity and consistency, primarily using the formal legal method in analyzing the norms of secular legislation and the comparative method in comparing secular legislation and canonical (ecclesiastical) law. Since a significant part of the professor's work is interdisciplinary (at the intersection of jurisprudence and history), historical and functional methods of cognition were also used. The scientific novelty of the undertaken research is the theoretical understanding of modern state-confessional relations through the prism of the works of Professor A. S. Smykalin. The reference ad deliberandum ("to reflection") in the title of the article is made in order to formulate the author's opinion on particular issues. The author considered it possible not to limit himself to references to the research results of a prominent scientist, but also to express his own point of view on the phenomena under consideration, focusing on the most problematic points.
Keywords: law enforcement practice, state-confessional relations, freedom of religion, freedom of conscience, cults, sects, religious associations, secularization, canon law, church law
Reference:
Semenov V.A.. Methodology for analyzing the decision-making process in the political system according to the CACI method // Law and Politics.  2023. № 8.  P. 80-114. DOI: 10.7256/2454-0706.2023.8.43823 EDN: XYWCXN URL: https://en.nbpublish.com/library_read_article.php?id=43823
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Abstract: This article presents a method for analyzing the decision-making process in a political system. The subject of the study is represented by the core of political decision-making, which is one of the subsystems of the political system. The object of the study is the political system of society. The study examines how the core of political decision-making interacts with the rest of the subsystems of the political system within short and long political cycles, and analyzes the stages of the political decision-making process. At the same time, within the framework of this work, the political system itself is presented in the context of a synergistic paradigm, as an open dynamic system included in the contour of social processes. The novelty of the study lies in the development of the CACI (conditions-actors-competition-implementation) method used to analyze the core of political decision-making. In the process of research, a revision of the internal content of the political system is also carried out according to the model of G. Almond, in particular, the separation of such an element as the core of political decision-making was carried out, and the redistribution of functionality between the remaining subsystems was carried out based on the principle of abstract functionalism of T. Parsons. It should also be noted that scientific novelty is expressed in the development of a clearer and more detailed model of the political system.
Keywords: Y-balance method, corruption clod method, method of determination chains, political regimes, structure of the political vector, iron triangles method, open dynamic systems, decision-making process, Political system, synergetics
Reference:
Gorban V.S., Gruzdev V.S.. On the Diversity of "Pure" Doctrines of Law // Law and Politics.  2022. № 11.  P. 32-43. DOI: 10.7256/2454-0706.2022.11.39415 EDN: ZZQHPY URL: https://en.nbpublish.com/library_read_article.php?id=39415
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Abstract: The subject of this study is one of the largest epistemological problems in the history of political and legal thought, as well as the modern theory of the state and the law. We are talking about the attempts of the authors of various historical periods, at least over the past two centuries, to construct a model of the study of the law as a "pure" phenomenon or call for the "purity" of the methods of its cognition. There is a strong opinion in modern legal literature that the "pure doctrine of law" is the creative result of the Austrian lawyer Hans Kelsen. His teaching is often a variant of logical positivism, in which an interpretive model of the law was created, in which one subject corresponds to a special and only method—legal—and all the others were declared superfluous. In fact, in the history of legal thought, attempts have been made more than once to write "pure" doctrines about law long before Kelsen. The scientific novelty of this research lies in the analysis and illumination of new facets of political and legal thought history that previously remained completely unexplored in both domestic and foreign political and legal thought. This article analyzes well-known and previously unknown scientists and thinkers who have developed original concepts of the "pure doctrine of law." In this regard, Kelsen's teaching is justifiably considered one of the many variants of this kind of thought, the uniqueness of which is connected only with the idea of interpretation as a philosophical paradigm, which allowed him to combine well-known legal concepts and techniques within the framework of the methodological doctrine of the law.
Keywords: logical positivism, Stammler, pure law, legal epistemology, neo-Kantianism, normativism, Kelsen, history of legal thought, Picard, Mehmel
Reference:
Gorban V.S., Gruzdev V.S.. The Philosophical and Legal Heritage of V.S. Nersesyants // Law and Politics.  2022. № 10.  P. 15-22. DOI: 10.7256/2454-0706.2022.10.39090 EDN: HBWEFO URL: https://en.nbpublish.com/library_read_article.php?id=39090
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Abstract: This article analyzes the legal views of one of the most interesting and original philosophers of the law from the last quarter of the twentieth century to the beginning of the twenty-first century and Academician of the Russian Academy of Sciences, V.S. Nersesyants. His legal ideas are rooted in ancient philosophy and German idealistic philosophy. Therefore, comparing his legal views with those of the Hegelian philosophy of law, taking into account both Nersesyants' dissertations, is traditional for contemporary connoisseurs of the theory of law. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his ideas are also connected with other representatives of the German intellectual and philosophical culture of thinking about law. It is the understanding of the nature of the successive and new aspects in Nersesyants' system of legal views that can serve as the basis for the development of his legal views in modern topical and prospective studies. The scientific novelty of the conducted research of Nersesyants's philosophical and legal heritage consists of some significant clarifications of the nature of his ideas, clarifying their connection with the ideas of Hegelian philosophy and the teachings of I. Kant, I. Fichte, G. Mehmel, as well as the later ideas of the neo-Kantian lawyer R. Stammler. At the same time, comparing Nersesyants' legal views and the interpretation of the law in G. Mehmel's Pure Doctrine of Law allows us to present Nersesyants' theory of law as an original version of this doctrine. The article also points to the inexplicability of the concept of justice in Nersesyants' philosophy of law and promising studies of social theory as a prerequisite for the socio-practical doctrine of civilization.
Keywords: legal libertarianism, civilism, law and legislative act, legal neo-Kantianism, german idealistic philosophy, justice, concept of law, Nersesyants, history of legal thought, dialectics of the legal form
Reference:
Mikhailov A.M.. Understanding the Rule of Law in Joseph Raz's Positivist Doctrine // Law and Politics.  2022. № 9.  P. 45-60. DOI: 10.7256/2454-0706.2022.9.38771 EDN: QSBRWA URL: https://en.nbpublish.com/library_read_article.php?id=38771
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Abstract: The subject of the present paper is the interpretation of the doctrine of the rule of law in the teaching of the leading representative of exclusive legal positivism, Joseph Raz (1939–2022). The importance of analyzing the doctrine of the rule of law from this perspective lies in the fact that such a study is able to identify the fundamental ideas of the positivist understanding of the law and the rule of law from the standpoint of the post-Hartian stage of its evolution. The article reveals two main approaches to understanding the rule of law in modern British legal literature: material and formal concepts. Raz's views on the rule of law are compared with the classical ideas of Albert Venn Dicey, the principles of the "inner morality" of law by Lon L. Fuller, and the position of Friedrich August von Hayek. The scientific novelty of the article is that, for the first time, an attempt has been made to reveal the differences between formal and material concepts of the rule of law in British jurisprudence in Russian legal literature. Raz's arguments about the nature and goals of the rule of law are not generally accepted in English constitutional doctrine but are quite indicative of the position of post-Hartian legal positivism on the problem of building a stable and predictable legal order. On the one hand, the principles of the rule of law revealed in Raz's teachings relate exclusively to the legal form, which is generally characteristic of the neo-positivism of the twentieth century. On the other hand, sociological attitudes can also be distinguished in Raz's teaching, which allows us to assert that post-Hartian legal positivism combines a number of ideas of "classical" and "sociological" positivism.
Keywords: F. A. Hayek, analytical jurisprudence, discretionary power, Lon Fuller, Joseph Raz, post-Hartian positivism, law and order, principles of law, rule of law, legal positivism
Reference:
Zaseeva A.S., Ivanova M.I.. The Problem of the Legitimacy of the Political Elite // Law and Politics.  2022. № 8.  P. 28-36. DOI: 10.7256/2454-0706.2022.8.38613 EDN: VJTRNH URL: https://en.nbpublish.com/library_read_article.php?id=38613
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Abstract: The object of this study is the problem of the legitimacy of the political elite. The subject of the study is the views of a number of Western and domestic researchers on the political elite. The study aims to generalize the views of theorists from different countries and periods of time regarding the qualities of the political elite as a legitimizing foundation. The dialectical method, which was used in the analysis of the categories of "political elite" and "legitimacy," their essence and interrelation, played a decisive role in achieving the goal of this study. This method has become key in understanding the texts of the works under study. The method of system-structural analysis allowed us to explore the views of the philosophers in question holistically—when the authors' positions complement each other and create a general picture of the understanding of the legitimacy of the political elite. The conclusion of the study is as follows: in the modern world, the main method of legitimizing the political elite is a democratic election procedure, but the choice of citizens should be based on a clear idea of the qualities of a political leader, confidence that the candidate has serious professional competencies, as well as deep moral convictions and moral principles. This will help to avoid falling under the power of amateurs who put their incompetence and lack of values, stability, and security in society at risk. The result of the study of the ideas of domestic and Western philosophers is the confirmation of the judgment that the legitimate political elite should be considered people with high moral and spiritual values acquired or consolidated as a result of traditional upbringing, classical education, military service, and long-term work experience in the social and political sphere.
Keywords: the aristocracy of the spirit, legitimation, moral values, vocation, politics, state, society, political power, political elite, legitimacy
Reference:
Savenkov D.A.. The meaning of the "ideal type" construction for the formation of the conceptual apparatus of sociological and psychological theories of law // Law and Politics.  2022. № 3.  P. 1-10. DOI: 10.7256/2454-0706.2022.3.37633 URL: https://en.nbpublish.com/library_read_article.php?id=37633
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Abstract: The article examines the features of the formation of the conceptual and methodological apparatus of sociological and psychological theories of law from the point of view of the use of such a key concept as "ideal type" and its analogues. The study demonstrates that, although both areas of study and understanding of law – sociological and psychological – were based on empirical research methods and corresponding logical-conceptual constructions, quasi-rationalistic techniques were essential for them, which gave the character of an "understanding" science, which is not limited only to descriptive tasks, but claims to express normative judgments. Using the example of the ideas of M. Weber, R. Stammler, V. Wundt, G. Radbruch, L.I. Petrazhitsky and some other legal scientists and social philosophers, the spread of the "ideal type" technique and its analogues in empirically oriented theories of law is shown. The novelty of the research lies in the fact that it presents original judgments about the role and meaning of the "ideal type" construction for the formation of the conceptual and logical apparatus of socio-psychological theories of law in the recent history of legal thought. It is demonstrated that this construction is a characteristic method of analyzing law in psychological and sociological approaches to it, and is present in one form or another in a wide range of relevant areas of legal thought. The study shows that the construction of the ideal type is associated with such socio-psychological attitudes as "healthy legal psyche", "normal legal consciousness" and others.
Keywords: Petrazhitsky, sociology of law, psychological theories of law, Stammler, Weber, subjective meaning, legal psyche, the ideal type, psychology of law, history of legal thought
Reference:
Savenkov D.A.. Scandinavian Psychological Theory of Law // Law and Politics.  2022. № 2.  P. 11-18. DOI: 10.7256/2454-0706.2022.2.37607 URL: https://en.nbpublish.com/library_read_article.php?id=37607
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Abstract: The article examines the nature and main characteristics of the legal views of Scandinavian lawyers, who are traditionally identified in the history of modern legal thought as representatives of legal realism. The focus is, first of all, on the nature and methods of substantiating law as a psychological fact, which largely determines the profile of the legal views of Scandinavian realists (on the example of the writings of A. Hagerstrem and A. Ross). In this regard, the psychological orientation of the theoretical and legal views of the Scandinavian realists makes it possible to more accurately highlight the question of the place, meaning and orientation of the psychological by its nature Scandinavian theory of law in the history of modern legal thought. In addition, the study focuses on the features of epistemological approaches underlying the legal views of the realistic movement in legal thought in the Scandinavian countries. В  The novelty of the research lies in the fact that it gives a problem-critical assessment of the content of the legal views of the Scandinavian realists, determines the specifics of the semantic load of realism as an epistemological attitude underlying their philosophical, ethical and legal views, reveals the peculiarities of the interpretation of law as a psychological fact, and also demonstrates the possibilities of typologizing the corresponding ideas about law as a psychological theory law and its regional interpretation. In addition, clarifications are made to the definition of the place and significance of the psychological theory of law of Scandinavian authors in the history of pan-European legal thought, and some essential features of psychologism in the legal understanding of the considered regional group are identified.
Keywords: legal sense, criticism of metaphysics, psychological theories of law, Ross, objective cognition, Scandinavian legal realism, Hagerstrem, the scientific nature of jurisprudence, psychology of law, history of legal thought
Reference:
Kovalev A.A.. Conceptual interpretations of law in foreign sociology and their importance for effective public administration // Law and Politics.  2021. № 12.  P. 1-21. DOI: 10.7256/2454-0706.2021.12.34868 URL: https://en.nbpublish.com/library_read_article.php?id=34868
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Abstract: The goal of this research lies in determination of the core philosophical-legal concepts in foreign social philosophy and sociology, which are relevant in modern era for the effective solution of political and administrative tasks. The article examines the views of the prominent foreign philosophers and theoreticians in the field of sociology of law (M. Weber, E. Durkheim, H. Kelsen, D. Nelken, D. Balkin, and others). In light of the uniqueness of their views, they can be encapsulated into the following perspectives: law is the order of relations between people who comprise the society, i.e. social order; politics is one of the regulators of social order, determines the relations between the government and individuals; such political order alongside the economy and culture is one of the three global social systems that are closely intertwined with each other and permanently affect each other. The essence of sociological interpretation of legal ideas can be formulated in three positions: 1) law should be understood as an aspect of social relations, since it is utterly associated with coexistence of individuals in social groups; 2) social phenomena of law should be viewed empirically, through detailed consideration of variability and continuity of social coexistence in the actual historical models, rather than in respect of idealized or abstractly imagined social conditions; 3) social phenomena should be examined systematically: from the empirical fact of social reality to socio-philosophical theory. Sociological comprehension of legal ideas methodologically expresses the own disparate and diverse characteristics of law. It must inform about the legal ideas and provide their interpretation for solving particular tasks of politics and public administration.
Keywords: scientific thought legal, sociocultural traditions, public administration, politics, social phenomena, sociology of law, philosophy of law, understanding, discourse, political power
Reference:
Savenkov D.A.. The problem of anti-psychologism in Hans Kelsen’s “Pure Theory of Law” // Law and Politics.  2021. № 12.  P. 22-28. DOI: 10.7256/2454-0706.2021.12.37176 URL: https://en.nbpublish.com/library_read_article.php?id=37176
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Abstract: This article examines the nature and specificity of the criticism of psychologism as a theoretical-methodological orientation towards studying law and its interpretation, which in particular was associated with such version of interpretation of law as the “Pure Theory of Law” of Hans Kelsen. More in-depth representations of modern legal theory in understanding the patterns of law and its essential aspects requires the due coverage of the history of psychological and anti-psychological approaches towards law that form of the major oppositions in the development of legal though at the turn of the XIX – XX centuries. Multiple aspects of H. Kelsen's legal views are yet to be examined, including the correlation of his doctrine with other doctrines, as well as the nature of substantiation of law and the analysis of legal phenomena. The scientific novelty of lies in the fact that based on the analysis of legal views of the Austrian jurist Hans Kelsen wirh his pronounced claim to exclude all “non-legal’ elements, it is revealed that a significant part of conceptual-logical apparatus of Kelsen’s teaching and the approaches towards substantiation of law were psychological in nature. Unlike the objective-idealistic positions of H. Kelsen, legal Neo-Kantianism was methodologically more accurate in elucidation of interrelation between the actual legal phenomenon and the role of gnoseological methods of perception and comprehension of law. The assessment of H. Kelsen’s doctrine as the theory of law is subject to criticism in this article, since in reality it is limited to the issues of legal methodology.
Keywords: phenomenology, criticism of psychologism, legal methodology, neo - Kantianism, normativism, Kelsen, history of legal thought, logical positivism, objective idealism, logic of legal understanding
Reference:
Mikhailov A.M.. Interpretation of jurisprudence and law in the doctrine of T. E. Holland // Law and Politics.  2021. № 12.  P. 46-60. DOI: 10.7256/2454-0706.2021.12.37185 URL: https://en.nbpublish.com/library_read_article.php?id=37185
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Abstract: The subject of this research is the legal doctrine of the leading representative of English legal positivism of the last quarter of the XIX – first third of the XX centuries of Thomas Erskine Holland. The article is dedicated to examination of the two key aspects of his concept – comprehension of the nature of jurisprudence as a science, and law as a type of social norm. Leaning on the classic work of the British jurist “The Elements of Jurisprudence” (1880), the author defines the understanding of jurisprudence and law, reveals the historical-cultural meaning of Holland's legal doctrine for the subsequent development of English jurisprudence. Methodological framework is comprised of the historical approach, elements of biographical approach, techniques and procedures of legal hermeneutics, rules and techniques of formal logic, and elements of comparative-legal method. The scientific novelty lies in the fact that this article is first within Russian legal science to conduct the concept analysis of the key theoretical-legal definitions (jurisprudence and law) of T. Holland’s doctrine, as well as reveal the ideological interrelation between the views of the British jurist and the founders of analytical jurisprudence. The author also substantiates the position, according to which Holland's approach towards comprehension of the nature of jurisprudence as a science can be defined as dogmatic. T. Holland's contribution to the development of legal positivism consists in argumentation of the formal and analytical nature of legal science, as well as in carrying out gradual differentiation of positive law from natural and social norms, and analysis of the crucial theoretical concepts of legal science.
Keywords: theory of law, John Austin, Jeremy Bentham, Thomas Holland, analytical school of law, concept of law, legal science, English jurisprudence, legal positivism, history of legal thought
Reference:
Korovin K.S.. Doctrinal arrangement of social-territorial structure of the Soviet system in 1918 (based on the materials of the Commission for Drafting the Constitution of the Soviet Republic under the All-Russian Central Executive Committee) // Law and Politics.  2021. № 12.  P. 127-137. DOI: 10.7256/2454-0706.2021.12.37223 URL: https://en.nbpublish.com/library_read_article.php?id=37223
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Abstract: Based on the vast array of archival materials, the article reconstructs the discussions that took place in the process of adoption of the 1918 Constitution of the RSFSR. It is worth noting that the issues that are somehow related to the model of the Soviet federation were the most discussed. Such situation existed due to the fact that the Marxism-Leninism ideology was initially internationalistic, and the Bolsheviks were enormously interested in expanding their influence. The federation was also a fully legal instrument for uniting the communist parties of various countries into economic, military and political alliance. Although V. I. Lenin had a dialectical perception of federation and the state, this did not diminish the interest of the members of the commission to this problematic. The question of federalism was strictly practical and tactical, since the fate of the world socialist revolution depended on the extent to which the federation would be proletarian and unique. Therefore, the members of the commission had to solve the issues associated with the type of federation, ethnic question, the administrative-territorial division of the state, and representation in the councils. The latter was of crucial importance, since both the social base of the political regime and the governability of the entire Soviet state depended on the content of the Soviet institutions. Therefore, the Bolsheviks placed emphasis namely on the representation of workers, rather than peasants. The conclusion is made that the legal issues of the structure of the Soviet federation were equally as important as the ideological arrangement of the Soviet state.
Keywords: administrative-territorial division, sovdeps, Soviets, commune, soviet federation, federalism, socialism, soviet constitutionalism, state structure, Lenin
Reference:
Gorban V.S.. Qualified reader or interpreter: on the attitude of the researcher towards the sources of cognition of legal and political doctrines // Law and Politics.  2021. № 9.  P. 133-142. DOI: 10.7256/2454-0706.2021.9.36491 URL: https://en.nbpublish.com/library_read_article.php?id=36491
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Abstract: This article determines and analyzes certain characteristics of modern approaches towards the problem of attitudes to the sources of study on the history of political and legal thought. The attempts to speculate on hermeneutic practices as the constitutive method in analyzing the political and legal views of the philosophers of the past and modernity are subject to critical evaluation; and, on the other hand, the importance of qualified interpretation and analysis of the classical legal heritage is emphasized. It is demonstrated how conventional, shallow, or ideologized attitude towards the sources of study on the history and political thought creates fallacious and often just quasi-religious patterns of interpretation of the fundamental ideas and concepts, content of the discussed topics and problems, and social-practical orientation of their views. The scientific novelty lies primarily in determination and clarification of certain crucial aspects of modern methodology of the history of political and legal doctrines that are meaningful for the philosophy of law and legal theory overall. This pertains to the improvement of cognitive techniques and practices of the political and legal ideas of the past and modernity,  namely through minimization or elimination of such approaches towards their cognition that speculate on anti-historical attitudes; constitute interpretation as the key semantic unit in assessing the legal views of various philosophers; neglect the principles of objectivity and integrity in reconstructing the intellectual heritage; tendentiously articulate the accents of artistic, rather than documentary reconstruction of legal and political representations.
Keywords: classic, western philosophy of law, sources of cognition, postmodernism, modernism, methods of cognition, history of legal doctrines, interpretation, general history of thought, Russian philosophy of law
Reference:
Popova S.M.. The results of snap analysis of gender sensitivity of the Russian legislative acts (December 2018 – March 2021) in the context of feminization of migration // Law and Politics.  2021. № 6.  P. 1-18. DOI: 10.7256/2454-0706.2021.6.35684 URL: https://en.nbpublish.com/library_read_article.php?id=35684
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Abstract: Women comprise nearly half of world’s migration. They are particularly vulnerable, thus their rights, interests, and special needs must be protected. In the period from 2016 to 2018, the Russian Federation has become one of the active participants in the development of international acts on refugees and migrants, which contain provisions aimed at feminization of migration related issues. These acts are not legally binding; however, Russia along with other countries that have joined this initiative, conducts the activity on implementation of internationally ratified principles into the national legislation. The article provides the results of snap analysis of the federal acts adopted in the period of December 2018 – March 2021, which was performed for pilot assessment of the current state of Russian law from the perspective of gender sensitivity and presence of favorable conditions for solution of the problems pertaining to feminization of migration. It was essential to understand whether the effective normative legal acts “see” a migrant woman as a special legal phenomenon, and which specific characteristics and needs of women are reflected in these acts. The conclusion is made that the Russian legislation is currently of gender neutral nature. Other than a range of documents related to implementation of the National Strategy for Women 2017 – 2022, the gender sensitivity of federal acts is generally low. The documents included into sampling, for the most part reflect the specific biological characteristics of women, which determine their health needs, as well as the need for targeted social support due to childbirth and maternity leave. The analyzed international acts have a broader outlook upon the characteristics and needs of women in general and migrant women in particular than the Russian legislation (other than the National Strategy for Women).
Keywords: Human rights, Discrimination, Gender sensitivity, Gender equality, Women migrant workers, Migrant women, Refugees, Migrants, Migration Laws, Migration Policy
Reference:
Gruzdev V.S.. Activity as a dominant of conceptual legal realism // Law and Politics.  2021. № 6.  P. 30-44. DOI: 10.7256/2454-0706.2021.6.35799 URL: https://en.nbpublish.com/library_read_article.php?id=35799
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Abstract: The subject of this research is the concept of activity – one of the semantic characteristics of conceptual legal realism. The latter is viewed as a certain paradigm or gnoseological strategy, which serves as the basis for the development of cognitive attitudes. Legal realism is often erroneously reduced to the regional and local schools and trends of the legal thought. However, the study of legal realism as a conceptual technique, which has different interpretation of one of the central and meaning-making themes in the history of legal thought, allows introducing significant clarifications into the understanding of realism in jurisprudence from the perspective of the history of its formation, as well as heuristic capabilities in modern legal science. Activity is viewed as one of the key characteristics of the realistic approach towards law, taking into account various interpretations of realism. The novelty of this research consists in examination of the problem of realism in jurisprudence and its fundamental semantic characteristics through the prism of conceptual approach. The problem of psychology of activity, which was actively developed by the Soviet philosophical-psychological school, is closely related to the development of realistic interpretations of law in the contemporary history of legal thought. The author substantiates the position that application of the construct on the differentiation of the objective meaning from subjective-personal sense in the area of cognition of law allows to critically reconsider such trends on the modern legal thought that position themselves as the varieties of legal realism, clarify possible directions in the development of realism in jurisprudence.
Keywords: Leontiev, Rubinstein, activity-based approach, subjective meaning, objective value, activity, psychology of law, legal realism, Geny, legal behaviorism
Reference:
Kornev G.P., Korneva L.S.. The scenarios for consolidation of the constituent entities of the Russian Federation based on the economic macro-regions // Law and Politics.  2021. № 3.  P. 1-16. DOI: 10.7256/2454-0706.2021.3.35156 URL: https://en.nbpublish.com/library_read_article.php?id=35156
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Abstract: The subject of this research is the matters of reforming the federal structure of Russia in the aspect of unification and consolidation of the constituent entities of the Russian Federation that are under discussion in the current political discourse. The object this research is the transformation of the constituent structure of the Russian Federation based on the strategy of spatial development of Russia, federal legislative acts that laid the groundwork for the unification process, primarily the Federal Constitutional Law “On the Procedure of Admission into the Russian Federation and Creation of a New Constituent Entity". The authors explore such aspects of the topic as the results of unification processes of the constituent entities of the Russian Federation of 2003-2008, gaps in their legislative regulation, political errors and risks, including of ethnic nature, which impeded planned consolidation of the constituent structure of the Russian Federation, as well as strategy for the future unification processes. The novelty of the author's position is that the unification processes scenarios of the constituent entities of the Russian Federation are founded on the declared by the government “Strategy of Spatial Development of the Russian Federation until 2025”. The research methodology employs comprehensive interdisciplinary political, economic and legal approach. The drawn conclusions are related to the description of these scenarios, determination of the constitutional legal status of the new consolidated entity formed at the premises on an economic macroregion, considering such significant characteristics of the macroregion, as the number of constituent entities of the Russian Federation therein, size of their territories, population density, and peculiarities of the ethnic composition. It is proposed to fill the gaps in determination of the status of a constituent entity that ceased to exist as such and became a part of the consolidated entity by introducing amendments to the federal constitutional and current legislation without changing the fundamentals of the Constitution of the Russian Federation.
Keywords: national subject of the Russian Federation, administrative-territorial unit, economic macro-region, economic zoning of Russia, unification process of subjects, constitutional status of the subject, subject of the Russian Federation, territorial subject of the Russian Federation, federal reform, Constitution of the Russian Federation
Reference:
Kovalev A.A.. Law and social theory: problem of dialectical connection in the works of philosophers of the XIX – XX centuries // Law and Politics.  2020. № 12.  P. 57-75. DOI: 10.7256/2454-0706.2020.12.33201 URL: https://en.nbpublish.com/library_read_article.php?id=33201
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Abstract: This article examines the problem of correlation and dialectical connection between the theories of social being and law in the works of the prominent philosophers of the XIX – XX centuries (Émile Durkheim, Max Weber, Karl Marx, Georges Gurvitch, Jean Baudrillard, Michel Foucault, Niklas Luhmann, Jürgen Habermas, and others) who worked at the intersection of several fields of social sciences and made significant contribution to the theory of state and law. These scholars predicted multiple problems of modernity; therefore, reference to their theoretical heritage is valuable in the search of new legal understanding, the need for which has existed for a long time. The scientific novelty consists in the analysis of views of the leading theoreticians who dealt with the correlation between law and social sciences. Social in the social sciences was often considered from the perspective of evolution of human relations. The essence of the social was revealed in various types of cohesion of population or connectedness between the members of social groups. In such relations, an important element was morality, which emerged much earlier than law. Morality emerged with the conception of the social, while law – only with the advent of the state. The classical social theories of the late XIX – early XX centuries, identified the concept of “society” mostly with the politically organized and territorially restricted society of the modern Western national state.
Keywords: Emile Durkheim, justice, statism, theory of law, social, dialectical relationship, social theory, Law, Michel Foucault, Jurgen Habermas
Reference:
Gruzdev V.S.. On the nature of American classical legal realism // Law and Politics.  2020. № 9.  P. 15-22. DOI: 10.7256/2454-0706.2020.9.33566 URL: https://en.nbpublish.com/library_read_article.php?id=33566
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Abstract: The subject of this research is one of the trends in the American legal thought – legal realism in the context of clarification of its specificity, key theoretical-methodological perspectives formed in the classical period, represented by the founders of this direction O. W. Holmes, R. Pound and K. Llewellyn. Studying the heritage of the classical American realists is important for the purpose of elucidation of their views, since many aspects remain unclear or simplified, and interpreted in form of patterns and schemes; as well as due to the fact that in the modern American legal science and well beyond it, more popularity multiple variations of “clarification” of realism in form of “neo-“ versions, and realism itself is declared the symbol of modern age. Main attention is given to the question of overcoming simplifications with regards to legal views of the classical American realists. The scientific novelty of this work consists in elucidation of the perceptions of the nature and specificity of legal views of the representatives of classical American legal realism. This is primarily associated with the fact that orientation towards demythologization of conceptualism in the works of legal realists of the period of establishment of this trend is erroneously identified with the rejection of moral arguments in substantiation of law, which to a large extent was justified by the desire of some researchers to substantiate the meaning of radical pragmatism as a philosophical foundation of the modernized legal theory. Secondly, unjustified broadening of the concept of legal realism and its identification with naturalization of conceptual apparatus of law is one of the factors that led to multiple simplifications and distortions of the methodological importance of the fundamental principles of legal realism.
Keywords: criticism of conceptualism, Llewellyn, Pound, Holmes, ontologization of social experience, pragmatism, legal realism, legal morals, cultural purpose, legal values
Reference:
Khasanov D.R.. Modern understanding of legal policy // Law and Politics.  2020. № 6.  P. 97-104. DOI: 10.7256/2454-0706.2020.6.32470 URL: https://en.nbpublish.com/library_read_article.php?id=32470
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Abstract: This article is dedicated to the theoretical understanding of the problem of ambiguity of the concept of “legal policy” as a complicated phenomenon that has a substantial number of attributes, which connect it with multiple occurrences within the legal sphere of social life and outside it; as well as overcoming such ambiguity through analyzing the diversity of characteristics of legal policy presented in the definitions of modern authors , and formation of the unified definition on their basis that would serve as methodological framework for the research of legal policy in all branches of juridical science. Research methodology includes the general scientific methods, such as analysis, synthesis, comparison, generalization, classification, and systemic approach. The author analyzes different points of view of the Russian scholars on formation of the concept of legal policy; describes their specific features; makes an attempt of their systematization. The conclusion is made on the presence of two different types of approaches towards determination of the content of legal policy. The author highlights most substantial characteristic suitable for both approaches, and offers an original version of a unified definition of legal policy of the state.
Keywords: jurisprudence, enforcement of regulations, lawmaking, legal policy of the state, policy, right, society, state, statehood, law
Reference:
Savenkov A.A.. On the problem of legality-legitimacy in theory of law and philosophy of law // Law and Politics.  2020. № 3.  P. 19-27. DOI: 10.7256/2454-0706.2020.3.32414 URL: https://en.nbpublish.com/library_read_article.php?id=32414
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Abstract: The subject of this research is the problem of understanding and interpretation of the meaning and designation of one of the key concept of modern legal lexicon – “legitimacy”. Legitimacy became an attribute of the current scientific paradigm of legal thinking, because broadening the area of application, it is used as a certain standard of highest legality, often perplexing comprehension of the problems of legal theory, as on etymological level its leans only on one of the Latin versions of the word “legal”. In the same platitude, legitimate legality and legal legitimacy are a common tautology, which in the context of theory of law and philosophy of law, insistently dictates the necessity to clarify this term and definition. Research methodology suggests the analysis of the problem of legality-legitimacy from the perspective of differentiating legal and other disciplinary approaches: political scientific, sociological, etc. The novelty of this study consists in the problematic-critical analysis of the concept of “legitimacy” on the context of theory of law and philosophy of law. The conducted research demonstrates that the problem of legitimacy represents is a terminological substitution within the framework of legal-positivistic doctrine for the so-called not “purely” legal aspects: sociological, psychological, political scientific, and other. 
Keywords: rule of law, legality as a requirement, legality as a principle, legality as a method, concept of law, living law, legitimacy of legal norms, legitimacy, legality, legitimation
Reference:
Gorban V.S.. The problem of novelty in legal science: to the question on methodological aspects of studying legal doctrines // Law and Politics.  2020. № 3.  P. 28-39. DOI: 10.7256/2454-0706.2020.3.32425 URL: https://en.nbpublish.com/library_read_article.php?id=32425
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Abstract: The subject of this research is the problem of interpretation of continuity and novelty in carrying out historical-philosophical and problematic-theoretical reconstructions of legal doctrines of the past and modernity. The absence of due knowledge on the origin, history of acquisition and application of theoretical ideas of the past often leads to significant modifications, distortions and loss of historical linkage within the legal picture of the world. The repetition of legal ideas and theoretical constructs of the past is natural, but firstly it can and should be viewed as a methodological prerequisite for searching of approaches and means to substantiate the interests to certain aspects of law, and secondly, for ensuring scientific value of modern research, it must be clarified not by the conventionality of scientific knowledge, but based on the reconstruction of origin, application and valid meaning and designation of ideas. The methodology leans on the comparative analysis of legal ideas of the past and modernity in synchronic and diachronic angle. The novelty of the conducted research consists in interpretation of the problem of novelty in legal science based on the requirement for preservation of continuity in terms of their historical-philosophical and problematic-theoretical reconstruction. At the same time, such requirement reveals in a number of specific reconstructions and examples of utilization of methodological approaches for their conduct.
Keywords: legal norm, legal realism, recognition in law, novelty of the legal ideas, methods of legal philosophy, natural law, Stammler, Ihering, Bierling, Hart
Reference:
Gruzdev V.S.. New legal realism // Law and Politics.  2019. № 12.  P. 1-8. DOI: 10.7256/2454-0706.2019.12.31681 URL: https://en.nbpublish.com/library_read_article.php?id=31681
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Abstract: The subject of the study is one of the actively developing trends in Western legal thought over the past two decades, especially American, which is called "new legal realism" and positions itself both as a special variant of the "organizational paradigm of interdisciplinary research" and as a progressive empirical doctrine of law that overcomes the shortcomings of "traditional approaches to law".. The program of this direction is based on the idea of the possibility of effectively solving the problems of classical American legal realism by updating, first of all, the methodology of legal research. The study critically analyzes not only the content of the main ideas of the "new legal realists", but also an attempt to articulate the well-known developments of their predecessors, especially European ones, as a "new" direction in legal science. The methodology of the research is based on such methods of working with the ideas of foreign authors as the study of original texts, program statements (materials of conferences, symposiums and speeches), tracing the connection of past and modern teachings, analysis of involvement in the discussion of traditional issues and topics of legal issues. The conclusions of the essentially critical analysis of the content of the ideas of "new legal realism" are as follows: a narrowly focused behavioristic analysis of judicial activity with the pathos of the scale of the tasks being solved creates a paradox of the absence of a problem of law (even in the sense of classical realists) in the "new" legal doctrine; the methodology of "new realists" in the form of interdisciplinary practices and orientation to the analysis of "big arrays of data" is not something new, remaining within the framework of sociological approaches to law; manipulation of traditional legal issues leads to the reproduction and distortion of the ideas of predecessors.
Keywords: empirical studies of law, the concept of law, court decision, legal behaviorism, Holmes, Llewellyn, new legal realism, legal realism, interdisciplinarity, american legal thought
Reference:
Avatkov V.A.. The state-predetermination: the state of peace or war? // Law and Politics.  2019. № 5.  P. 103-110. DOI: 10.7256/2454-0706.2019.5.29601 URL: https://en.nbpublish.com/library_read_article.php?id=29601
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Abstract: The subject of this research is the states-predeterminations. The goal lies in studying the peculiarities of genesis, functionality and demise of the states-predeterminations. Among such peculiarities author highlights the factors of neighborhood, historical development, religious and ethnical components. Focus is made on the essence and specificities of cross effect of the states-predeterminations, considering the possibility of transformation of their actions for the good of their own interests. Major attention is given to the potential impact of the states-predeterminations upon establishment of the environment of peace and environment of war within current system of international relations. The author particularly examines the factors contributing to consolidation or disunity of the states-predeterminations; as well as justifies the need of influencing the relations between the countries, rather than the birth or demise of the states-predeterminations. The author substantiates the heightened attention of the states towards each other, underlining that it can weaken or increase at certain stages. The relations between the states-predestinations are characterizes by the significant sustainability, but may be vulnerable to fluctuation. As from the perspective of world politics, the major conflicts occur between the most significant actors, which are the states-predeterminations, the author emphasizes the need for giving careful attention to them. Lack of due attention to the work with such types of countries may result in the large-scale uncontrolled conflicts that have led to the world wars. This is related to the fact that under such circumstances, the states are bounded by a fine threat that may either improve the global political environment, or contribute to its failure.
Keywords: relations, great power, world power, conflicts, peace, war, state-predetermination, international relations, bilateral relations, world politics
Reference:
Vinokurov S.N.. The role of good faith in relational contracts in common law countries // Law and Politics.  2019. № 1.  P. 1-10. DOI: 10.7256/2454-0706.2019.1.28691 URL: https://en.nbpublish.com/library_read_article.php?id=28691
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Abstract: The subject of this research is the role of good faith in relational contracts and the key aspects of the theory of relation contracts adopted in common law countries. The research relies on the case law of England, United States, Canada, Australia and New Zealand. On the example of case law, the author attempts to elucidate the content of requirements of good faith in relational contracts, as well as bring forth a hypothesis of recognition of requirements of good faith conduct as an implied obligation for relational contracts. Moreover, this work demonstrates court rulings of English courts rejecting the connection with requirement of good faith in relational contracts and expresses the opinion that the process of search for place and role of requirements of good faith conduct in relational contracts is still ongoing. The main conclusion of the conducted research is the determination of the role and content of good faith in relational contracts, as well as description of the key concepts of the theory of relational contracts. The author presents demonstrative examples of court rulings of the common law countries, which establish a connection between good faith and relational contract, and set requirements for good faith conduct as an implied condition for long-term relational contracts.
Keywords: Canada, USA, England, precedent, law, relational, contract, good faith, New Zealand, Australia
Reference:
Zhdanov P.. Legal concepts of early positivism in the context of worldview foundation in the philosophy of law of Modern Era // Law and Politics.  2018. № 10.  P. 38-47. DOI: 10.7256/2454-0706.2018.10.27532 URL: https://en.nbpublish.com/library_read_article.php?id=27532
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Abstract: The subject of this research is the legal views of the representatives of early legal positivism, particularly John Austin. The goal lies in identification of the character of relation of legal concepts of positivism to the worldview foundations of the philosophy of law of Modern Era, namely the principles of rationalism. Examining the legal concept of John Austin, the author focuses attention on the aspects that demonstrate its dependence on the new-European philosophical-legal tradition. The article analyzes the category of divine law or principle of utility, which Austin implements as a extralegal criterion of the assessment of effective law, replacing the previous ideal criterion of natural law of the rationalistic doctrines. The ideas of legal positivism in the context of new-European philosophical tradition were analyzed with general orientation towards the system-structural approach. The study of the positivistic theory of law within the system of cultural and worldview processes of the turn of XVIII-XIX centuries, allows revealing its correlation with the major ideological trends of that time. Particularly, John Austin’s criticism of the natural legal concept can be interpreted as an echo of anti-metaphysical movement that originated in the philosophy of Enlightenment and developed in the philosophical A. Comte. A conclusion is made that the early legal positivism, refuting the metaphysical constructs in jurisprudence, remains faithful to the basic principles of the rationalistic worldview of Modern Era.  At the same time, reason in positivism is deprived of the status of sovereign source of natural law as a universal criterion of legal truth, and fulfils a purely instrumental role. Therefore, legal positivism manifests as a product of natural development of the new-European philosophy of law, rather than a crisis phenomenon.
Keywords: rationalism, Modern period, worldview, utilitarianism, principle of utility, natural law, philosophy of law, legal positivism, historicism, historical school of law
Reference:
Peterburgskii M.Y.. Class interpretation of psychological theory of law by Mikhail Reisner // Law and Politics.  2018. № 10.  P. 48-57. DOI: 10.7256/2454-0706.2018.10.27711 URL: https://en.nbpublish.com/library_read_article.php?id=27711
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Abstract: This article is dedicated to the biographical path of the prominent Russian and Soviet legal scholar and social psychologist M. A. Reisner and his contribution to Leon Petrazycki’s psychological theory of law. Biography of the scholar is viewed in the context of his socio-philosophical pursuits and transformation of his outlook. The main attention is given to the synthesis of Marxist and psychological theory of law, as it became the key area for M. A. Reisner’s scientific pursuits. The study refers to the comparative aspect, draw parallels between the theories of L. Petrazycki and M. A. Reisner, indicating their similarities and inconsistencies. The basic research method lies in the analysis of the scholar’s doctrinal contribution to the psychological theory of law, examination of his autobiography and works of other researchers, who left valuable reminiscences about M. A. Reisner. The scholar scrupulously worked at the development of the concept of intuitive law and its transformation into the positive law, as well as substantiation of the proletariat's right to revolution. However, some of his conclusions cause reasonable doubt. Particularly, in the context of modern legal consciousness, the subject of law is an individual rather than a social community (class), which M. A. Reisner believed was fair. The author emphasizes Reisner’s great contribution into the study of socio-psychological basis of law. Despite a certain idealism of his works, the scientific contribution of M. A. Reisner manifests as the brightest layer of the national science on law, which was and remains of great relevance due to lack of research conducted on its multiple aspects.
Keywords: positive law, intuitive law, class, psychological theory of law, revolution, marxism, emotion, experience, will, ideology
Reference:
Vinokurov S.N.. The modern concept of good faith in the law of obligations of France, Germany, United States and England // Law and Politics.  2018. № 8.  P. 1-12. DOI: 10.7256/2454-0706.2018.8.27104 URL: https://en.nbpublish.com/library_read_article.php?id=27104
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Abstract: The apprehended from philosophical thought by the national law idea of good faith or bona fides is traditionally and inevitably featured in civil circulation regardless of jurisdiction. The Western doctrine of law enforcement practice formulates various approaches towards bona fides through which it is enshrined in the national legal orders. As a principle that coordinates the private legal relations, bona fides is legally enshrined in legal system of the countries of continental and common law. The goal of this article lies in description of the content of essential elements (structure) of bona fides presented in the Western European and American legal doctrine, as well as the law of obligations of France, Germany, United States and England. As a legal concept, bona fides has become firmly established in the law of obligations of the majority of European countries and has objective grounds. The author examines the similarities and differences between the concepts of good faith among the related legal systems, determines the fundamental distinctions in understanding of the structure of such principle between the countries of common and continental law, as well as its role in the modern private law.
Keywords: France, Germany, obligation in relationship, common law, continental law, principle, concept, good faith, England, the USA
Reference:
Belikova K.M.. Investment contract (agreement): concept, legal nature, examples of execution (based on Russia and China models) // Law and Politics.  2018. № 8.  P. 122-139. DOI: 10.7256/2454-0706.2018.8.27185 URL: https://en.nbpublish.com/library_read_article.php?id=27185
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Abstract: This article presents research of the concepts, essence and legal nature of investment contracts on the example of Russia and China. The author offers a multifaceted complex research of this concept from the position of international and national laws, including civil and administrative laws. The accent is made on the fact that it has situational interpretation and depends on other conditions of activity that is contractually formalized. The novelty of this research is justified by determination of the characteristics of an investment contract from the position of the complex approach, which considers representation of internationalists, as well as civilists and administrationists in conjuction with the analysis of practicle examples of investment interaction between Russia and China from the positions of modernity and retrospect. The author determines that investment cooperation between Russia and China is currently largely based on intergovernmental agreements and framework agreements for providing equipment, rendering services, construction, organizational support, personnel training, etc..
Keywords: civil law, legal nature, international law, intergovernmental agreements, China, Russia, investment contract, investments, administrative law, cases
Reference:
Pozhidaev V.E.. Multi-family residential building as an object of property right: main approaches and legal status issues // Law and Politics.  2018. № 8.  P. 140-145. DOI: 10.7256/2454-0706.2018.8.27214 URL: https://en.nbpublish.com/library_read_article.php?id=27214
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Abstract: The relevance of this research is justified by the difficulties in definition of the legal status of a multi-family residential building in the modern legal theory and legislation. The change in the current approaches is especially relevant in the context of the launch of the renovation of the residential areas in Moscow. The subject of this research is the legal status of multi-family buildings as an object of property right. The author examines the doctrinal approaches towards determination of the legal status of multi-family residences, exploring the advantages and disadvantages of each of them. Special accent is made on the position, according to which a multi-family residence represent a single unit of real estate. A conclusion is made on the impossibility of application of the Integral Real Estate Complex legal regime by the interpretation of the current civil code, and requires designation of the category of residential property complex. The author formulates the concept of residential property complex and highlights the key features distinguishing it from the Integral Real Estate Complex. The main conclusion is the recognition of the imperfection of the current approaches towards the legal regulation of multi-family residential buildings as the objects of civil law. The author advances that a multi-family residence should be recognized as a single real estate unit, for which the category of “residential property complex” is being proposed. Formalization of this concept in Russian legislation would allow recognition of a multi-family residence as an abject of property right.
Keywords: real estate, critical analysis, conveyance of multi-family house, single immovable complex, right of property, property, civil law, multi-family house, accommodation, shared ownership
Reference:
Gorban V.S.. Adolf Merkel’s “General Theory of Law” as “euthanasia” for the philosophy of law and its ideological origins // Law and Politics.  2017. № 11.  P. 17-28. DOI: 10.7256/2454-0706.2017.11.24536 URL: https://en.nbpublish.com/library_read_article.php?id=24536
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Abstract: The subject of this research is the problem of genesis and disciplinary formation of the “General Theory of Law”, the appearance of which was associated with the name of the prominent German legal expert Adolf Merkel (1836-1896).  The “General Theory of Law” represented an original disciplinary version of the philosophy of positive law, on one hand contributing into the revival of the philosophy of law in form of positive law, while on the other, having attempted to eliminate the difference between positive and suprapositive law, became the “euthanasia” for the classical philosophy of law. The originality of Merkel’s position consisted in the fact that he posed a direct question about the disciplinary correlation of the philosophy of law and positive jurisprudence, suggesting the genuine explanation of the role of the philosophy of law as a “general part of jurisprudence”. Merkel’s interpretation of the aforementioned problematic was inspired by the political legal theory of his mentor Jhering. The scientific novelty is defined by the fact that this work explores the little-studied problematic of genesis and program orientation towards the “general theory of law”, which as a disciplinary form, remains topical in the area of legal study and legal consciousness. The research demonstrates that Merkel’s position that devaluated the importance of classical philosophy of law, was considerably the development of the scientific agenda of Jhering.
Keywords: Social justification of law, General concepts of law, Structural functional analysis, Task of the philosophy of law, Philosophy of positive law, Positivism, Theory of law, Philosophy of law, Jhering, Merkel
Reference:
Bilalutdinov M.D.. Otto Rilk about the National-Socialist perception of competition and its legal effect // Law and Politics.  2017. № 10.  P. 85-93. DOI: 10.7256/2454-0706.2017.10.19597 URL: https://en.nbpublish.com/library_read_article.php?id=19597
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Abstract: The subject of this research is the political legal views of the German lawyer who supported the Nazi regime Otto Rilk upon the German competition law. The author examines O. Rilk’s attitude towards the objects protected by competition law, unfair competition, sources of legal regulation of the competition law, “Jewish impact” on competition law. The article explores the key aspects of seeing the issues of protecting competitiveness through the prism of ideology of the German National Socialism, as well as analyzes Rilk’s directives on expanding the discretional powers in the area of enforcing legal responsibility for unfair competition, and unification of law enforcement practice. This article is first within the Russian historical legal science to examine the Nazi totalitarian approach towards the problems of legal regulation of competition. Views of Rilk on competition law sought taking the legal protection of the whole, rather than the private to the absolute. Even when he spoke on protection of consumer rights, he implied protection of the entirety of German consumers from European traders, and not protection of private interests. The author reveals the connection between racism and anti-Semitism as system-forming elements of the Nazi ideology with the doctrine of competition law. A conclusion is made on the archaic, incompatible with the market economy views of Rilk on the competition law.
Keywords: general clause, law enforcement, unfair competition, Jewish impact, advertising, competitive law, legal regulation, enterprise, traders, sale
Reference:
Gorban V.S..
Rudolf Stammler’s “The Doctrine of the Right Law” as a synthesis of the formal-rationalistic (Kantian) approach towards legal consciousness and R. Jhering’s teleological concept of law
// Law and Politics.  2017. № 9.  P. 1-11. DOI: 10.7256/2454-0706.2017.9.24027 URL: https://en.nbpublish.com/library_read_article.php?id=24027
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Abstract: The subject of this research is the problem of interpretation of the notion of law, as well as formation of methodological approaches towards its substanuation in the legal doctrine of Marburg Neo-Kantian – Rudolf Stammler, who introduced interpretation of law as a “natural law with the variable content” and formulation of the concept of “right law”.  The core construct of Stammler’s entire intellectual activity lies in the problem of cognizing law as the central and leading factor of social development. The specific features of Stammler’s legal consciousness manifest in the original modification of R. Jhering’s teleological concept from the perspective of formal-rationalistic (Kantian) philosophy. The scientific novelty consists in the fact that the initial hypothesis of the study on the meaningful impact of legal views of R. Jhering upon the establishment of legal doctrine of R. Stammler, particularly the concrete theoretical and methodological approaches towards analysis of the category of “legal concept”, as well as methods of substantiation of the “right law” concept, was confirmed by the results of examination of the original compilation texts of the thinkers and specific comparable concepts of their teachings.
Keywords: Method of substantiation of law, Goal, Right law, Idea of law, Teleological concept of law, Kant, Legal content, Concept of law, Jhering, Stammler
Reference:
Gorban V.S.. Impact of Hegel’s philosophy upon the formation and development of Jhering’s doctrine on law (the beginning) // Law and Politics.  2017. № 5.  P. 77-97. DOI: 10.7256/2454-0706.2017.5.22214 URL: https://en.nbpublish.com/library_read_article.php?id=22214
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Abstract: The subject of this research is the question of succession and novelty of Jhering’s teaching on law that ie examined from the perspective of ideological origins in Hegel’s philosophy. Among the philosophical and jurisprudential schools and disciplines, which significantly affected the establishment and transformation of Jhering’s legal understanding, the decisive role belonged to the entire philosophical system of Hegel, including philosophy of law, history, religion, and logic. Historical legal studies usually point at the very fact of influence of Hegelian philosophy upon the formation of Jhering’s legal worldview, leaving aside such important aspect as: which specific logical and conceptual constructs were critically and non-critically interpreted by Jhering; character and level of such influence; which meaning carried Hegel’s philosophy for the formation of Jhering’s teaching on law. The scientific novelty of this work consists in determination and description of the direct impact of Hegel’s philosophy upon the establishment and transformation of the legal worldview of Jhering at various stages of his creative path. The conducted research allowed proving the original hypothesis that Hegel’s philosophy at times had stronger effect that the historical school of law in development of Jhering’s legal understanding. Identification of the separate successive features in Jhering’s legal understanding with regards to Hegelian philosophy pointed at the elements of novelty in accordance with Jhering’s expression – “enrichment of jurisprudence using philosophical legal means”.
Keywords: Dialectics of goal, Dialectics of development, Idea of law, Reality, Realization of law, Law as idea, Philosophy of law, Notion of law, Hegel, Jhering
Reference:
Gorban V.S.. Impact of Hegel’s philosophy upon the formation and development of Jhering’s doctrine on law (the conclusion) // Law and Politics.  2017. № 5.  P. 98-114. DOI: 10.7256/2454-0706.2017.5.22215 URL: https://en.nbpublish.com/library_read_article.php?id=22215
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Abstract: The subject of this research is the question of succession and novelty of Jhering’s teaching on law that ie examined from the perspective of ideological origins in Hegel’s philosophy. Among the philosophical and jurisprudential schools and disciplines, which significantly affected the establishment and transformation of Jhering’s legal understanding, the decisive role belonged to the entire philosophical system of Hegel, including philosophy of law, history, religion, and logic. Historical legal studies usually point at the very fact of influence of Hegelian philosophy upon the formation of Jhering’s legal worldview, leaving aside such important aspect as: which specific logical and conceptual constructs were critically and non-critically interpreted by Jhering; character and level of such influence; which meaning carried Hegel’s philosophy for the formation of Jhering’s teaching on law. The article analyzes the views of Hegel and Jhering on the meaning of compulsion, as well as struggle and interests as the factors of legal understanding and legal cognition. The scientific novelty of this work consists in determination and description of the direct impact of Hegel’s philosophy upon the establishment and transformation of the legal worldview of Jhering at various stages of his creative path. The conducted research allowed proving the original hypothesis that Hegel’s philosophy at times had stronger effect that the historical school of law in development of Jhering’s legal understanding. Identification of the separate successive features in Jhering’s legal understanding with regards to Hegelian philosophy pointed at the elements of novelty in accordance with Jhering’s expression – “enrichment of jurisprudence using philosophical legal means”. The author substantiates a conclusion that the theoretical foundation of the constructs of Jhering’s legal theory on the concept of compulsion, struggle and interests consists in the corresponding ideas of Hegel’s philosophical doctrine.
Keywords: Development of law , Struggle for law, Living standards of society, Struggle , Realization of law, Interests , Concept of law, Compulsion , Hegel, Jhering
Reference:
Gorban V.S.. On R. Jhering’s legal understanding // Law and Politics.  2017. № 4.  P. 1-16. DOI: 10.7256/2454-0706.2017.4.22651 URL: https://en.nbpublish.com/library_read_article.php?id=22651
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Abstract: This article examines the question of determination of the typological affiliation of R. Jhering’s legal understanding, which is associated with the contradictory, antithetical, and often ambiguous interpretation of the character and type of legal worldview of the thinker. One of the significant reasons for various interpretations of Jhering’s legal understanding is the fact that his work was very dynamic, and the manner of presentation of the legal views notable for the substantial stylistic distinction: vast amount of metaphors, frequent textual hyperbolization of separate moments (as for example, struggle form law, state compulsion, etc.). The article reviews the following aspects: key signs of Jhering’s legal understanding, including due to the further development of separate directions of the political legal thought; question of differentiation of law and legislation within Jhering’s legal theory; and formulated by Jhering definition of law. The scientific novelty consists in the conclusion on typologization of Jhering’s legal doctrine as an empirical and sociological juridical positivism, which integrated the original sociological approach to law based on the empirical analytical cognition and interpretation of law, as well as the positivistic interpretation of the role of state recognition of the established by society legal norms.
Keywords: Ethical minimum, Justice, Anti-positivism, State compulsion, Legal goal, Living standards of society, Juridical positivism, Sociological approach, Type of legal understanding, Jhering
Reference:
Gorban V.S.. Rudolf von Jhering’s “The Struggle for Law” concept // Law and Politics.  2017. № 3.  P. 1-14. DOI: 10.7256/2454-0706.2017.3.21770 URL: https://en.nbpublish.com/library_read_article.php?id=21770
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Abstract: The subject of this research is the formulated in the early 1870’s R. Jhering’s concept of the struggle for law, which was the quintessence of the key ideas and constructs of the thinker’s legal understanding developed during the preceding period. The aforementioned concept established the final transition of Jhering towards the empirical-sociological legal positivism. In the concept of the struggle for law, Jhering formulated the original theory of social development and social changes, which is promoted and driven by law. The structure of the concept examines the following key components: perception of law as a practical notion; participation of each individual in the progress of law; and determination of the ethical and spiritual-moral motive as the most significant among all the motives of realization of law. The originality and novelty with regards to Jhering’s development of legal understanding, consists in elevation of the subjective law to the attribute of personal dignity. The concept of the struggle for law remains relevant in the modern political-legal literature and practice. The scientific novelty of this work lies in determination and interpretation of the main components of Jhering’s concept on the struggle for law in the context of progression of his legal views, formation of his style of creative philosophizing, empirical-sociological perception, as well as discussion of law. The concept of the struggle for law is views as a theoretically substantiated model of social development and social changes by the virtue of law and active participation of the contemporaries in realization and advancement of law.
Keywords: Realization of law, Idea of law, Moral self-assertion, Progress of law, Social development, Interests, Evolution of law, Jhering, Legal sense, Struggle for law
Reference:
Gorban V.S.. Formation and application of the sociologically oriented methodology of legal knowledge and legal understanding in Jhering’s doctrine of law // Law and Politics.  2017. № 3.  P. 15-29. DOI: 10.7256/2454-0706.2017.3.22519 URL: https://en.nbpublish.com/library_read_article.php?id=22519
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Abstract: The subject of this research is the legal teaching of Jhering reviewed from the perspective of formation and application of the original methodology of legal knowledge and legal understanding, which articulated the sociological orientation of the thinker’s legal outlook. The peculiarity of Jhering’s methodology of legal teaching consisted in paradigmatic ideology of social realism oriented towards the general cultural positivistic ideology, according to which the society and its development was considered based on the image and likeness of the natural sciences. Due to this fact, Jhering substantiated and implemented within the legal knowledge and legal understanding the methods of structural functional and empirical analytical examination of law alongside the factors of social development, the principal of which was law. In addition, the article explores the meaning of the “jurisprudence of notions” in establishment of sociologically oriented methodology of Jhering’s legal teaching. The scientific novelty consists in research of the methodological foundation of Jhering’s sociologically oriented legal teaching. The author demonstrates the actual meaning of the “jurisprudence of notions” in ideological and methodological formation of Jhering’s original sociological approach to law. A position is substantiated that Jhering was the first legal expert, who prior to the conceptual arrangement of the structural functional analysis in sociology, has applied this method towards the analysis of law, as a social phenomenon that is determined and verified by the social reality.
Keywords: Legal definition, Empirical analytical method, Structural functional analysis, Empirical experience, Legal reality, Living standards of society, Social realism, Jurisprudence of notions, Sociological approach, Jhering
Reference:
Solionov A.V.. P. N. Tkachev on the origin, evolution, and concept of law // Law and Politics.  2017. № 1.  P. 112-121. DOI: 10.7256/2454-0706.2017.1.20713 URL: https://en.nbpublish.com/library_read_article.php?id=20713
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Abstract: This article explores the outlook of the accomplished representative of Narodniks movement P. N. Tkachev upon the law and state in genetic and ontological regard. The subject of this research is the regularities and peculiarities of genesis and evolution of the thinker’s ideas on the essence of law with reference to the entire assemblage of knowledge of the modern general theory of law and political science. The author carefully examines the philosophical-worldview and theoretical-legal foundations of P. N. Tkachev’s views upon the origin and concept of state and law, their genetic, functional, and value characteristics. A special methodological accent is made on the systemic and comparative approach towards the research of P. N. Tkachev’s heritage. The fundamental conclusion of the conducted research consists in the thesis that distinct feature of Tkachev’s legal consciousness is the interpretation of the essence of law as the power of state coercion, which systematically finds its practical realization in legal order. Tkachev associates law, by its origin, with the interest realized by the dominant classes in legislation through the abilities of the state. The author underlines that Tkachev alongside the founders of Marxism have identical views upon the nature of law.
Keywords: primitive communal system, Marxism, philosophy, genesis, evolution, state, law, Narodniks, Socialism, authority
Reference:
Sardaryan G.T.. Liberal turn of the Catholic social teaching during the pontificate of Leo XIII // Law and Politics.  2016. № 11.  P. 1433-1439. DOI: 10.7256/2454-0706.2016.11.52735 URL: https://en.nbpublish.com/library_read_article.php?id=52735
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Abstract: The subject of this research is the perception by the Catholic Church of the problems of development and establishment of the states in the late XIX – early XX centuries, as well as significant changes in reactionary approach of the Church, inherent to it during the first years after the French Revolution. The object of this research is the Catholic social teaching during the period of pontificate of Leo XIII. The author gives particular attention to the key encyclical “Rerum Novarum”, and underlines that it should not be viewed as the starting point of the Catholic social doctrine, but rather as a crucial state in its development. The main conclusion consists in the fact that the popular in the Western and Russian science approach, which suggests consideration of the pontificate of Leo XIII as the reference point of the Catholic social doctrine, is inherently erroneous. Moreover, the assurance that “Rerum Novarum” and other encyclicals of Leo XIII are the embodiment of the liberal turn of the Catholic Church, is quite far from the truth. Nevertheless, it in no way diminishes the importance of the change of paradigm of perception of democracy and liberalism realized by Leo XIII.
Keywords: Christianity, Leo XIII, Catholic Church, encyclical, democracy, politics, religion, Catholic social doctrine, Rerum Novarum, Human rights
Reference:
Sushkova Yu.N.. State and Legal Views and Human Rights Protection Activities of Leo Tolstoy // Law and Politics.  2016. № 9.  P. 1204-1219. DOI: 10.7256/2454-0706.2016.9.52704 URL: https://en.nbpublish.com/library_read_article.php?id=52704
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Abstract: Leo Tolstoy is famous not only as a writer, but also as a public figure who has made a significant contribution to the development of original political and legal ideas about the law, the system of public administration, international relations, education and other important spheres of life. The subject of the study includes the analysis of the main state-legal ideas of Tolstoy, as well as his life path associated with direct participation in the political and legal processes. In the context of the protection of human rights, Tolstoy actively represented the interests of Russian Doukhobors who were forced to emigrate in the late XIX and early XX centuries from Russia to Canada. Many of the episodes in Tolstoy's literary works written according to the materials of the real judicial cases, which demonstrated the shortcomings of the justice system and the state legal system as a whole. The most important ideological concept of Tolstoy is pacifism, the rejection of military action in favor of diplomatic and peaceful conflict resolution. Tolstoy paid great attention to the analysis of social structure of the Russian village, customary law of the peasants and their relationship with the public authorities. Political and legal views of Tolstoy have become a unique source of knowledge and approaches to improve the modern model of the Russian legal system, to overcome such issues as the legal nihilism, corruption, and bureaucracy. His literary legacy contains profound philosophical, methodological, and fundamental ideas about the nature of life, purpose of man, the role of religion, civil and state institutions, which could be regarded as “eternal themes”, constantly attracting the interest of many generations in search of true values and constants of life. Analysis of the most important aspects of the topic were based on historical, formal-legal, comparative legal methods of scientific research.
Keywords: state and legal views, Doukhobors, pacifism, human rights protection, human rights, Tolstoy studies, Lev Nikolaevich Tolstoy, antistatesman, people, judicial reform
Reference:
Kembaev Zh.M.. Political law views of the ideologists of the Third Reich regarding unification of Europe // Law and Politics.  2016. № 9.  P. 1197-1203. DOI: 10.7256/2454-0706.2016.9.52703 URL: https://en.nbpublish.com/library_read_article.php?id=52703
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Abstract: The subject of this research is the views of the ideologists of the Third Reich such as Hitler, Rosenberg, Himmler, Goebbels, and Ganzer regarding unification of Europe. A claim is made that at the basis of the views of Nazi ideologists lied the socio-Darwinistic understanding of human development as a constant struggle for existence of individuals, as well as nations and states, where the winner, and thus the one who has the right to live, is the fittest. The author substantiates that Nazi ideologists rejected the equality of men, nations, and states, and even the very possibility of their harmonious coexistence. The conducted researched allowed making the following conclusions: 1) the political law views of the ideologists of the third Reich regarding unification of Europe are characterized by the rather aggressive form of national self-establishment, based on the idea of national exceptionality and supremacy; 2) these views rejected humanism and value of human individuality; 3) they rejected equality of people and various nations, and thus the equality of states; 4) they led to the “annihilation war” and put existence of humanity at risk.
Keywords: Unification of Europe, Ganzer, Himmler, Goebbels, Rosenberg, fascism, Hitler, Germany, Kant, World War II
Reference:
Skorobogatov A.V., Krasnov A.V.. Legal reality as a category of juridical science // Law and Politics.  2016. № 7.  P. 934-940. DOI: 10.7256/2454-0706.2016.7.52670 URL: https://en.nbpublish.com/library_read_article.php?id=52670
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Abstract: This article is dedicated to the juridical meaning of the category of “legal reality”, introduced into the scientific use within the framework of post-classical juridical science. The goal of this work is to study the “legal reality” as a category of juridical science, determine and analyze the ontological and gnoseological meaning of this concept, which defines the bases for functionality of the legal phenomena in a specific society. The legal reality is being examined from the positions of various methodological approaches, which allows seeing it not only on different ontological levels and aspects, but to also determine its gnoseological potential for development of juridical science. The author gives an original definition to the category of “legal reality” and original definition is given to the category of “legal reality”. The author studies the key element and aspects of this category, and makes a conclusion that the legal reality as a fundamental category of juridical science is a complexly organized multi-level system, which encompasses both, the realistically existing legal phenomena, as well as the legal ideal, and defines the sphere of being of the law for the individual and society.
Keywords: Anthropological legal research, Juridical science, Methodological pluralism, Post-classical scientific reality, Post-modernistic legal concepts, Legal phenomenon, Legal science, Being of law, Category of juridical science, Legal reality
Reference:
El'chaninova O.Yu.. The category of the “source of law”: the problems of universality, specificity, and concretization (the experience of understanding of the approaches of pre-revolutionary scholars) // Law and Politics.  2016. № 6.  P. 813-821. DOI: 10.7256/2454-0706.2016.6.52655 URL: https://en.nbpublish.com/library_read_article.php?id=52655
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Abstract: The object of this research is the basic category of legal science that is the “source of law”. The subject of this research is the main approaches devised by the historical and juridical sciences towards the concept of “source of law”. The author demonstrates that unlike in historical sciences, where the concept of “source of law” was examined only as a private case of the concept of “primary source”, in the legal science as a whole and law history in particular this is one of the fundamental categories. Among the main conclusions of the conducted research are the theses that the content of the definition of the “source of law” is influenced by the specific historical context, starting with the dominating legal tradition and ending with the value system that have been entrenched in the public consciousness of a specific era. The desire to move away from ambiguity of the concept of “source of law” led to emergence of new terms: “form of law”, “normative factor”, “monument of law”, and others.
Keywords: normative act, form of law, source of Russian law, legislation, law, historic Landmark, customary law, source of law, legal practices, legal system
Reference:
Sardaryan G.T.. Catholic Church’s political position during the French Revolution // Law and Politics.  2016. № 5.  P. 674-679. DOI: 10.7256/2454-0706.2016.5.52639 URL: https://en.nbpublish.com/library_read_article.php?id=52639
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Abstract:  The subject of the study is the position of the Catholic Church on the most important aspects of political and economic development of society during the French Revolution, as well as the reaction of the Church to the introduction of a secular constitution in France along with the Civil Constitution of the Clergy, as an attempt to subordinate the Church to the secular authorities. The author analyzes the main sources containing the position of the Catholic Church on the secular trend in European countries - the papal encyclicals during the pontificate of Benedict XIV (1740-1758), Clement XIII (1758-1769), Clement XIV (1769-1774) Pius XVI (1775-1799), as well as the sources including the Church’s position on natural law doctrine and the secular source of state power - papal encyclicals during the period of Pius VI pontificate. The author comes to the conclusion that despite the fact that the Catholic Church recognized the majority of human rights and freedoms assigned to individuals as a result of the French Revolution, the strive of the French Assembly to recognize the natural state of a human as a source of these rights and freedoms and attempts to subordinate clergy to secular power, predetermined the reconciliation with the Holy See impossible, even to the extent of concordat with Napoleon.
Keywords: Catholic Church, encyclical, French Revolution, politics, religion, Catholic social doctrine, Pius VI, Christianity, Civil Constitution of Clergy, human rights
Reference:
Ruvinskiy R.Z.. Between legal order and the state of nature // Law and Politics.  2016. № 2.  P. 272-280. DOI: 10.7256/2454-0706.2016.2.52594 URL: https://en.nbpublish.com/library_read_article.php?id=52594
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Abstract: This article presents an attempt to re-actualize the concept of “state of nature” used in the work of the modern era thinkers. The article is divided into a brief introduction and two parts. The first part addresses the political-legal concept of the “state of nature”, its origin and semantic content. A special accent is made on the connection between the notion of “state of nature” and “the war of all against all”. The author assesses the possibility of using said concepts to describe the present and the future situation in the world. The second part is dedicated to the description of the crisis state of the social, political, and legal orders of the early XXI century. The notion of “global crisis” of the modern society is being introduced, giving characteristics and description to the key causes of this state. The author analyzes the peculiarities of the society of the modern global crisis, noting the trend towards decomposition and failure of the previous, customary political-legal forms and institutions. For the first time in the Russian theoretical-legal science the modern state of the international and national orders is compared to seemingly outdated concept of the “state of nature”. In the context of the research issues at hand, the views of the philosopher Jean-Jacques Rousseau of the state of nature of the society is being examined from a different perspective.
Keywords: sovereignty, law, instability, crisis, state, war, anarchy, Rousseau, Hobbes, state of exception
Reference:
Solionov A.V.. Evolution of Pyotr Tkachev’s assessment of the potential of mass legal awareness among the Russian peasantry // Law and Politics.  2016. № 2.  P. 281-286. DOI: 10.7256/2454-0706.2016.2.52595 URL: https://en.nbpublish.com/library_read_article.php?id=52595
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Abstract: This article analyzes the early publications of Pyotr Tkachev, a prominent representative of the people’s movement, written by him during the 1860’s in the period of “Great Reforms” dedicated to the issues of law. The subject of this research is the regularities of the genesis and evolution of the thinker’s assessment of the potential of the mass peasantry legal awareness. The author substantiates the fact of the gradual evolution of his outlooks upon this issue and highlights the final point of this process, which testifies that he completely reevaluated his earlier positions; an attempt is also made to explain the root causes for such substantial metamorphoses. The main conclusion of this research is the thesis that the revolutionary’s publications dedicated to the participation of the public element in the jury trial greatly differ between those published before and after 1865. In author’s opinion, namely Tkachev’s complete resolution of this issue has served as the foundation for the political doctrine created by him during emigration in the 1870’s, which rejected the active role of the masses in both, the political and social revolution in favor of a small group of ideological revolutionaries.  
Keywords: authority, Pyotr Tkachev, narodniks, judicial reform, legal awareness, magistrates court, jury trial, feudal culture, society, history
Reference:
Kraevskiy A.A.. Reflection of international law in the Soviet theory of state and law of the late 1930's-1980's // Law and Politics.  2015. № 12.  P. 1765-1772. DOI: 10.7256/2454-0706.2015.12.52563 URL: https://en.nbpublish.com/library_read_article.php?id=52563
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Abstract: The paper presents analysis of legal-theoretical reflection of the issues of international law in Soviet legal science of 1930-1980. The conference on the issues of the science of Soviet state and law of 1938 under the guidance of A.Y. Vyshinsky opened a new period of the development of Soviet jurisprudence. Legal science became more practically oriented, abandoned legal-economical conceptions of Y. B. Pashukanis and several more authors and combined Marxism with classical legal etatism. General theoretical innovations affected the problems of the theory of international law. Methodological basis of paper consists of general and special scientific methods, especially descriptional and comparative methods, methods of analysis and synthesis. Positivistic approach of Soviet jurisprudence appeared in the critic of the project of Declaration of Human Rights, influenced by the natural law philosophy. Soviet reception of the G. Jellinek’s conception of state sovereignty was connected with international political situation of 1930’s, when USSR had to shift from the idea of world revolution to the conception of peaceful coexistence. The role of international law in later Soviet legal-theoretical investigations was less important, except L. S. Yavich’s conception of the essence of law.
Keywords: sovereignty, L. S. Yavich, A. Y. Vyshinsky, legal positivism, Soviet theory of law, general theory of law, international law, system of law, S. S. Alekseev, human rights
Reference:
Puzhaev V.V., Romanovskaya V.B.. Emmanuel Levy and Critical Legal Studies: historical parallels in the political and legal thought of the XX century // Law and Politics.  2015. № 12.  P. 1759-1764. DOI: 10.7256/2454-0706.2015.12.52562 URL: https://en.nbpublish.com/library_read_article.php?id=52562
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Abstract: This article is the first within the Russian legal science to research the question on the similarities of the sociological and psychological theory of the French lawyer Emmanuel Lévy and the social and legal ideas proclaimed within the framework of the Critical Legal Studies movement. The authors thoroughly examine the general peculiarities of legal understanding by Emmanuel Lévy and the supporters of the critical legal studiess of the “first wave” (Dunkan Kennedy, Roberto Unger, and others); also the ideological and theoretical foundations (philosophical, political, and legal) of their scientific views are being determined.  The authors come to the conclusion that since the beginning of the XX century, prior to the emergence within the British-American law of the school of Critical Legal Studies, the similar in its essence ideas were expressed by the lawyer and sociologist Emmanuel Lévy. These ideas include: criticism of the liberal legal tradition from the left political positions; idea on the continuity of law and politics in form of the corresponding practices; examination of the legal argument itself as a certain form of manifestation of political activity; criticism of the neutral legal principles and strict anti-formalism; as well as the perception of law as the combination of beliefs (ideologies), etc.
Keywords: legal formation, law and politics, critical legal studies, Emmanuel Lévy, legal socialism, sociological school of law, faith and law, policy of law, law and ideology, legal realism
Reference:
Fal'chenko M.G.. The ideas of Christian socialism in Russia in the XIX-XXI centuries. Legal Aspect // Law and Politics.  2015. № 12.  P. 1750-1758. DOI: 10.7256/2454-0706.2015.12.52561 URL: https://en.nbpublish.com/library_read_article.php?id=52561
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Abstract: This article presents the analysis of the ideas of Christian socialism in Russia, spanning over 125 years, beginning with the positions in this phenomenon in the works of Dostoevsky, up until the modern doctrinal formulations by the Russian Christian philosophers. The subject of this research is the philosophical concepts of Christian Socialist orientation in Russia. The object is the evolutionary process of the idea of Christian socialism throughout the last 125 years. The author comprehensively examines such aspects of the work as interconfessional correlations within the framework of Christianity in Russia on the questions of understanding of Christian socialism. A special attention is given to the evolution of the Christian socialist ideology in the XXI century. The author uses systemic scientific retrospective analysis with consideration of the fundamental principles formulated in Holy Scripture, as well as socialist concepts. The author’s special contribution into this work is the examination of interconfessional cooperation within the development of a unified opinion towards understanding the concept of Christian socialism in Russia. The scientific novelty consists in the establishment of a new image of the Christian socialism in Russian through the prism of its evolution throughout the period of 125 years.
Keywords: Pope Leo XIII, Protestantism, Catholicism, Berdyaev, Dostoevsky, Socialism, Christianity, Pope Francis, Florensky, Solovyov
Reference:
Zhdanov V.L.. “Space policy”: concept and essence // Law and Politics.  2015. № 11.  P. 1629-1632. DOI: 10.7256/2454-0706.2015.11.52544 URL: https://en.nbpublish.com/library_read_article.php?id=52544
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Abstract: This article examines the definitions of the term “space policy”. The author analyzes the interpretation of the existing terms of this direction within space policy. This research reviews the works of such scholars as I. M. Moiseyev, K. A. Karp, Y. A. Matveyev, E. I. Zhuk and others. The author proposes a scientifically broader definition of “space policy”; reveals the essence of the space policy, as well as the main tasks that it is set to accomplish. It is pointed out that space policy is the policy that concentrates on space and all related vectors of political activity, and this sphere actively represents the interests of not only separate states, but the society as a whole. The number of these tasks grows as the time progresses, and in the future this trend will most likely not only continue, but increase. The author accents his attention on the fact that the space policy actively represents the interests of states, as well as public space organizations.
Keywords: Political science, Space policy, Domestic policy, Cosmos, Politics, Political theory, Scientific discipline, Space, Tasks, Essence
Reference:
Udartsev S.F.. “SENT BY THE PROVIDENCE FOR GLOBAL REVOLUTIONS…” (For the 200th anniversary of the birth of Mikhail Bakunin) // Law and Politics.  2015. № 10.  P. 1466-1478. DOI: 10.7256/2454-0706.2015.10.52520 URL: https://en.nbpublish.com/library_read_article.php?id=52520
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Abstract: This article presents the general characteristic of Mikhail Bakunin (1814-1876) as an individual, political actor, and renowned political thinker. His work contained ideas that were critical and positive, utopian, and often ahead of their time. The thinker is portrayed as the representative of ideas and processes of global integration of human civilization, bright expresser of critical ideas and revolutions as periodically repeating phases of development within historical evolution of humanity. The article touches on the issues of evolution and the specificity of the thinker’s ideas about political integration of humanity, the future and role of the consciousness of social development, controversial consequences of criticism towards statehood and augmentation of personal liberties, as well as revealing the “hidden side” of the potential of statehood and the limits of its realistic effect upon the evolution of political institutions. The significance of this article lie in its generalizing character, attempt to understand the place of the thinker and his ideas within history from the modern perspective of acknowledging revolution as a controversial, often tragic ans costly technique of clearing the path for the future, although during specific historic moments becoming unavoidable in certain countries even in the XXI century.
Keywords: Jurisprudence, Integration of humanity, Freedom, Revolution, Critical thought, Evolution of statehood, Globalization, Anarchism theory, Understanding state potential, Constitutional doctrines
Reference:
Sosenkov F.S.. Ideas of national unity within the political and legal views of Alexander Pushkin // Law and Politics.  2015. № 9.  P. 1329-1333. DOI: 10.7256/2454-0706.2015.9.52502 URL: https://en.nbpublish.com/library_read_article.php?id=52502
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Abstract: The subject of this research is the ideas of national unity expressed in the work of the great Russian poet Alexander Sergeyevich Pushkin. The goal of this work is to analyze the creative and scientific-historical works and personal sources (correspondence) in order to determine the positions of the writer with regards to the issues of national unity and counteraction of the centrifugal trends within the history of Russia, and the Russian Empire contemporary to Pushkin. A special attention is given to sources such as the poems “To the Slanderers of Russia”, “The Anniversary of Borodino”, “Poltava”, historical essays “Notes on Eighteen-century Russian History”, “Essays on the History of Ukraine”, as well as his correspondence with Pyotr Vyazemsky. The scientific novelty of this research consists in the presentation of the problem and the use of materials that virtually have not previously been implemented in the research on the history of education on law and state. This work allowed making a conclusion that Alexander Pushkin in his works of various genre has systematically established a precise position on the issue of the need to ensure national unity in Russia.
Keywords: centrifugal tendencies, Ukraine, Poland, sovereignty, Russian statehood, territorial integrity, state unity, Pushkin, separatism, state crime
Reference:
Semin S.V.. Special aspects of the development and establishment of the classical elite theory // Law and Politics.  2015. № 8.  P. 1181-1186. DOI: 10.7256/2454-0706.2015.8.52483 URL: https://en.nbpublish.com/library_read_article.php?id=52483
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Abstract: The subject of this research is the review of the issues pertaining to development and establishment of the classical elite theory, as well as the approaches associated with it: reputational, pluralistic, value, and elite, by analyzing works of such renowned thinkers as Vilfredo Pareto, Robert Michels, Max Weber, Nikolai Berdyaev, and others. A special attention is given to the study of so-called “elite circle”, or individuals who are part of the elite. The author identifies the general characteristic features inherent in the teachings about the elites in the writings of various scholars. The main conclusion of this research is the determination of the general signs intrinsic to the elites; the author also gives an original definition to the term of “elite”. The results of this work can be used to further examine the elite theory.
Keywords: general features of the elite, members of the elite, signs of elite, definition of elite, recruitment of elites, elite, problems of elites, classical elite concept, elite theory, elite features
Reference:
Shugurov M.V.. Modern philosophy of the legal education: challenging globalization // Law and Politics.  2015. № 3.  P. 411-428. DOI: 10.7256/2454-0706.2015.3.52390 URL: https://en.nbpublish.com/library_read_article.php?id=52390
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Abstract: This article is dedicated to the analysis of the foundations and tendencies of modernization of the professional legal education that is defined by the vectors of development of law under the conditions of globalization. The author refers to the fundamental issues of the modern legal education through the prism of legal globalistics. These positions are the basis for rethinking the purpose and the point of legal profession in the modern society, which defines the limits of politics in the area of reform of the content and institutional aspects of legal education. A substantial part of this research includes the illumination of the integrational processes within the European education system as a whole, and the European field of legal education. The conducted analysis is directly linked to the research of the possible paths of development of the legal education system in Russia. The methodological foundation of the analysis consists in the understanding of the philosophy of modern legal education as more general approaches and principles that establish the purpose for the legal profession on both, national and international levels. The author bases the conclusion on the notion that increasing the role of law under the conditions of globalization suggests the forming of a new format of professional legal education that would solidify the value of law.
Keywords: Legal profession, values of law, legal globalistics, Bologna process, juridical science, utilitarianism, fundamental education, educational sphere, European values, competitiveness of education
Reference:
Sosenkov F.S.. On the political views of Niccolo Machiavelli upon ensuring the territorial integrity of a State // Law and Politics.  2015. № 2.  P. 260-264. DOI: 10.7256/2454-0706.2015.2.52370 URL: https://en.nbpublish.com/library_read_article.php?id=52370
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Abstract: This article is dedicated to the political views of Niccolo Machiavelli upon ensuring the territorial integrity of a nation and counteraction of regional separatism. It analyzes the treatises “The Prince” and “The Art of War”, and generalizes the experience of diplomatic work of the classic of political thought. The article demonstrates the dependency of the intensity of the centrifugal forces on the model of state governance: ruling a nation through nobility or governors. The issue of government unity is mostly prevalent in the nations that belong to the first type. Discussing the acceptable forms of ruling, the thinker comes to the conclusion that in order to unify a nation under the conditions of feudal fragmentation and clashing of the clans, the monarchy is more suitable than a republic. Taking into account the conquering nature of the politics of the medieval nations, an analysis is conducted on the legal and other means of maintaining the conquered countries within the borders: preservation of the legal and financial systems, and transfer of the capital into the newly conquered territory. Part of the methods is defined as forceful, and extralegal: destruction of the cities, and killing of the entire bloodline of the previous ruler. Certain recommendations are evaluated as rational for the modern countries that are fighting against separatism.
Keywords: Nicollo Machiavelli, Territorial integrity, Government borders, Statism, Government unity, Centrefugal forces, Separatism, Army, Civil peace, Law enforcement .
Reference:
Zhdanov V.L.. The infl uence of the information and post-industrial society upon the space politics in the era of globalization // Law and Politics.  2014. № 11.  P. 1774-1777. DOI: 10.7256/2454-0706.2014.11.52309 URL: https://en.nbpublish.com/library_read_article.php?id=52309
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Abstract: This article analyzes the influence of the theories of information and post-industrial society upon the development of space politics. It examines the works of such researches in this field like Daniel Bell, Rimantas Pleikis, and Alvin Toffler. The author emphasizes that the space politics in particular can be viewed as the axis of political theories, which passes through the concept of industrialism, as well as being a reflection of post-industrialism theories and information society as a whole. The space politics affects not only the direct access to information, but can also be an element of censorship in a very near future; but the problem of access to information is one of the most politically sensitive. It is namely the access to information as the cornerstone example of freedom that carries a direct impact on the forming of space politics, which is very relevant in the era of globalization.
Keywords: Political sciences, space politics, cosmic consciousness, post-industrial society, information society, space technologies, information, frequency jamming, censorship, globalization.
Reference:
Baharev, D.V.. Issues of theory and methodology of studying the causes for the territorial differences in crime as refl ected in the works of the Soviet criminologists // Law and Politics.  2014. № 10.  P. 1590-1595. DOI: 10.7256/2454-0706.2014.10.52288 URL: https://en.nbpublish.com/library_read_article.php?id=52288
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Abstract: The article provides a brief historical and comparative analysis of the main approaches of the criminologists of the Georgian, Latvian, Lithuanian, and Estonian Soviet Socialist Republics of the former USSR towards territorial differences in crime markers and their causes. The author describes theoretical nature and methodological elements of the approaches, such as comparative criminological analysis, studies of geography of crimes and their dynamics, systemic approaches towards territorial (area-related) structures (residential structures, administrative regions, certain regions), etc. The article involves comparative historical method for the studies of approaches of scientific schools and certain criminologists of the former USSR (1970s-1980s) towards studying the causes of territorial differences in crime. The article contains analysis of initial prerequisites and further approaches towards widening and deepening of the scope of territorial and methodological basis for the studies of the causes of territorial differences in crime. For example, by the mid-1980s the Soviet criminologies have theoretically substantiated the need to understand territorial (regional) and residential structures as types of complicated social and economic structures. At the same time the complications and contradictions in the functioning of such systems should inevitably influencing the markers of the criminal activities of the population.
Keywords: Soviet criminology, territorial differences in crime, Georgian SSR, Latvian SSR, Lithuanian SSR, comparative criminological analysis, geography of crime, systemic approach, causes of crime.
Reference:
Milchakova, O.V.. Modern ideas on defi ning constitutional control // Law and Politics.  2014. № 10.  P. 1596-1602. DOI: 10.7256/2454-0706.2014.10.52289 URL: https://en.nbpublish.com/library_read_article.php?id=52289
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Abstract: In the XXI century the need for the constitutional control in a democratic rule of law state, which is based upon the principle of separation of powers, is undoubted. The institution of constitutional control held various forms and methods of implementation throughout its history. The article is devoted to one of the issues in the theory of constitutional control, namely, the definition of this institution. The author attempts to take part in the scientific discussion regarding definition of “constitutional control” and its correlation with the “constitutional supervision”. In the course of the analysis of the key existing approaches towards defining “constitutional control” in the science of constitutional law, the author mostly employs formal legal and comparative legal methods. Having analyzed the main current approaches towards the definition of “constitutional control”, the author provides her own definition of this institution based upon various matters, including the experience of the former Yugoslavia states in the sphere of constitutional justice. In the opinion of the author constitutional control is the activity of the competent state government bodies towards control (and if necessary, support) compliance or non-compliance of laws, other normative and general acts, acts and omissions of public government bodies, organizations and non-governmental organizations to the Constitution.
Keywords: Constitutional control, constitutional supervision, constitutional court, constitutionality, lawfulness, former Yugoslavia states, constitutional order, Constitution, non-constitutionality, illegality.
Reference:
Udartsev S.F.. Сosmic state: the forming and development of the idea in the history of thought // Law and Politics.  2014. № 4.  P. 548-561. DOI: 10.7256/2454-0706.2014.4.52187 URL: https://en.nbpublish.com/library_read_article.php?id=52187
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Abstract: The article considers the philosophical-legal issues when forming and developing the idea about the cosmic state made by thinkers during different periods of time, starting from the Ancient World till Russian cosmism in the 20th century. It includes interpretations of ideas about the cosmic state in ancient mythology, in works of such thinkers as Antisfen, Diogenes of Sinope, Krates, Zeno, Platon, Iambulos, Seneca, Cicero, Dante, Augustine of Hippo, Thomas Paine, N.F. Fyodorov, K.E. Tsiolkovsky, A.F. Agienko, P.I. Ivanitsky, V.I. Vernadsky, N.K. Roerich, etc. Logical, historical, and comparative methods were used. The evaluation of the offered information contained in works of different thinkers was given from the position of a modern vision of the questions being studied, taking into consideration the level and prospects of the technical development of humanity, and the challenges of the XXIst century. It is observed that more intensive understanding of the potential of the state as a historical phenomenon took place while understanding cosmic aspects of the state in the history of political thought. Thinkers of different countries started to comprehend more deeply the unity of the world, the cosmic nature of a person and humanity, the foresight and comprehension of the coming cosmic human era and its appropriate political organization. The ideas about the cosmic state played a particular role in the liberation of the individual, and contributed to the development of the conception and forms of economic, political and legal integration, thereby extending the historical horizons of political consciousness.
Keywords: Space, state, civilization, mythology, Cynics, Plato, Tsiolkovsky, Roerich, cosmism, biocosmism.
Reference:
Churnosov, I.M.. The concept of law by Ronald Dworkin // Law and Politics.  2014. № 4.  P. 529-547. DOI: 10.7256/2454-0706.2014.4.52186 URL: https://en.nbpublish.com/library_read_article.php?id=52186
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Abstract: The object of studies in this article is critical evaluation of the concept of law by the well known legal theoretician Ronald Dworkin. In the first part of the article the author studies his early works with special attention to the polemics between Dworkin and Hart. It is also explained how the defects of the early theory of Dworkin led to the radical changes in his methodology and the number of his theses. In the second part of the article the author focuses on legal views of Dworkin, as formulated after 1981. The author provides detailed description of his interpretation theory and his theory of the integrity of law. The third part of the article contains criticism of his views from the pluralism standpoint. The method of the author mirrors the method of Dworkin, and it is entitled “constructive interpretation”. Its use allows to imagine an object of studies in the best light, complicating its criticism. Ronald Dworkin was and still is one of the central pillars of the Western jurisprudence. Unfortunately, most of his works are not translated into Russia, but still his ideas need to be critically evaluated from the standpoint of their perspective application, as well as lack of inner contradictions by the Russian legal community. And the views of Ronald Dworkin contain many attractive idea, while the central thesis on integrity may be potentially dangerous for the very freedoms, which the law is meant to safeguard.
Keywords: Law, Dworkin, law as an integrity, norms and principles, Hart, Raz, hermeneutics, interpretation theory, positivism, normative jurisprudence.
Reference:
Ismailov, N.O.. Ethics of the discourse by J. Habermas within the context of justice // Law and Politics.  2014. № 4.  P. 521-528. DOI: 10.7256/2454-0706.2014.4.52185 URL: https://en.nbpublish.com/library_read_article.php?id=52185
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Abstract: The article concerns the main idea of the ethics of the discourse by J. Habermas, who is one of the best known modern philosophers. Ethics of discourse is regarded as an attempt of implementation of justice in the life of social communities and individual. Understanding of justice within the ethics of discourse is studied in the light of enriching this sphere. The author regards the ethics of discourse as a reflection of the reality of the modern society and attempts to uncover the ideas, which may be used in implementation of justice in the modern social conditions. The author studies ethics of the discourse within the context of justice from the standpoint of unity of all spheres of social life, causal and functional links, interrelation and interdependency of needs, interests and values. The discourse ethics is regarded as an attempt of synthesis of liberalism and communitarianism. The discourse ethics of J. Habermas has its positive features, such as measures offered by him for the achievement of public consent, attention to cultural differences, interests of social communities and individual persons, achievement of the said goals via state and law. At the same time the author fails to find in the studies of J. Habermas the correlation between the duty and benefit, needs, interests and values, interrelations of the main spheres of social life, economic and ideological relations.
Keywords: Justice, freedom, equality, solidarity, multiculturalism, deontology, discourse, needs, interests, values.
Reference:
Parkhomenko, R.N.. Citizenship and national identity as understood by J. Habermas // Law and Politics.  2014. № 3.  P. 379-386. DOI: 10.7256/2454-0706.2014.3.52170 URL: https://en.nbpublish.com/library_read_article.php?id=52170
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Abstract: The article concerns the ideas of one of the renowned modern German philosophers J. Habermas (born in 1929) regarding the definitions of citizenship and national identity .J. Habermas was always interested in the issues of cultural influence of the national identity upon the development of specific states. J. Habermas is trying to analyze how the globalization processes influence the social living factors, such as legal security, sovereignty of a citizen, collective identity in a society, and democratic legitimacy of the nation states. As a result of analyzing the ideas of J. Habermas, the author draws a conclusion that J. Habermas unilaterally supports the universalist understanding of liberal principles. In his opinion the identify of a political community is based on the “legal principles rooted in a political culture, rater than special ethnic and cultural form of life in general”. The political practice of a democratic states does not allow for the existence of any privileged cultural form of life in a state.
Keywords: political science, J. Habermas, citizenship, national identity, state, liberalism, legitimacy, sovereignty, law, globalization.
Reference:
Mikhailov, A.M.. Defi nition and functions of the legal dogmatics // Law and Politics.  2014. № 3.  P. 387-395. DOI: 10.7256/2454-0706.2014.3.52171 URL: https://en.nbpublish.com/library_read_article.php?id=52171
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Abstract: The article provides a definition of legal dogmatics. The author points out three levels within the structure of legal dogmatics. The first level is represented by the sources and norms of law, by which the contents of law gains defined character and general obligation to comply with it. The second level of dogmatics includes legal constructions and definition, which are common for several branches of law. The third level is represented by the most fundamental legal definitions, constructions and principles forming the basis for the legal system. From the methodological perspective the legal dogmatics may be regarded as an objectivated legal thinking. Unique qualities of the legal thinking are expressed in special legal terminology, legal constructions, definitions and basic genetic structures.
Keywords: jurisprudence, legal dogmatics, legal thinking, legal methodology, theory of law, dogmatic method.
Reference:
Minniakhmetov R.A.. Shafi ’i school of thought in the Islamic law // Law and Politics.  2014. № 2.  P. 239-244. DOI: 10.7256/2454-0706.2014.2.52156 URL: https://en.nbpublish.com/library_read_article.php?id=52156
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Abstract: The subject of research is the Shafi’i law school, which is known to be formed in the framework of classical Sunni Islam in the early medieval period. By the level of influence and popularity in the Islamic school of law, Shafiizm is second after Hanafizm. The value of this doctrine in the evolution of Islamic justice system was so great that in varying degrees, Shafiizm can be traced in the laws of some countries of the modern East. In the early medieval period, Shafiizm penetrated the territory of modern Russia. The paper investigates the creative path of the founder of Shafi’i law school – a famous thinker of the early Middle Ages ash-Shafi’i (767-820); his views are analyzed in the current system of justice. Particular attention is paid to the sources of law, the appeal to which was allowed within Shafiizm. This is explained by the fact that this classification of sources of law and their methods determines the agenda of legal science in a given time. In this article, for the first time in Russian jurisprudence, the author considers the Shafi’ites approach to the problem of the sources of law in sufficient detail. The study analyzes the features that were inherent to Shafi’i school of law when appealing to both the main and auxiliary sources. Besides, the author focuses on the compromise nature of Shafiizm, which managed to synthesize the most promising provisions of more “liberal” Hanafizm and conservative Malikizm using scientific methods. The importance of domestic experts studying Shafi’i law school is particularly emphasized due to the fact that this doctrine is sufficiently represented in the traditions and practices of some Russian peoples.
Keywords: Shafiizm, al-Shafi’i, legal school, the Arab Caliphate, source of law, the Koran, the Sunnah, judgments of companions, decision at the discretion, area of application.
Reference:
Dobrynin, N.M.. On the anniversary of the Constitution: an essay on problems of interaction and interdependence of the Constitution of the Russian Federation and constitutionalism: nature, reality, specifi c features and the myth // Law and Politics.  2013. № 13.  P. 1866-1881. DOI: 10.7256/2454-0706.2013.13.52124 URL: https://en.nbpublish.com/library_read_article.php?id=52124
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Abstract: The object of study in this article concerns the problems of interaction and interdependence of the Constitution of the Russian Federation and constitutionalism: its nature and specific features, principles and factors, as well as the perspectives for the constitutional target-setting in the light of an inevitable constitutional reform. The author provides detailed and comprehensive analysis of the definition of constitutionalism, and in-depth analysis of the evolution and the current period of its development within the framework of the Russian state. Based on many years of his research and studies, analysis of works of legal scholars, comparative analysis of norms and principles of the Constitution with political, economic, social and cultural reality, the author makes a conclusion on substantial inner contradictions in the Russian constitutionalism, especially pointing out its insufficiency and lack of due interrelation with the Basic Law of the State. The study involved the methods of classification, analysis, synthesis, comparative legal method, empirical method, and historic method. The article has elements of scientific novelty, including the author’s own definition of constitutionalism, its key elements and conditions for the existence of the Russian constitutionalism, interrelation and interdependency of Constitution and constitutionalism in defining the vector for the constitutional target-setting in Russia and the key prerequisites for the urgent constitutional reform.
Keywords: interdependence, democracy, constitutional reform, constitutional crisis, constitution, legal culture, social systems, administration, functions of the constitution, target-setting.
Reference:
Poyarkov, S.Y.. Constitutionalism as a basis for the rational political system in a modern society // Law and Politics.  2013. № 13.  P. 1882-1890. DOI: 10.7256/2454-0706.2013.13.52125 URL: https://en.nbpublish.com/library_read_article.php?id=52125
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Abstract: The object of this article is constitutionalism as the basis for the rational political system in the modern society. The goal of the analysis is to substantiate the systemic role of constitutionalism in the formation of the political system as a special perfect form of rationality, based on the maximization principle, allowing to establish and achieve the rational interaction between the state and civil society, and allowing for the maximum positive effect. Based on the methodology of the systemic approach, the author points out that constitutionalism serves as a special system, defining the form of organizations and dynamics of political power in the interactions between the state and civil society, while the inherent contradictions serve as the source for its development. Based on such an understanding, it is stated that constitutionalism is capable of forming the basis for the rational interaction, providing for certain parameters of the political power organization and functioning of the political system as an entity. It follows from the fact that the role of constitutionalism is to provide activity resources (the sub-system of ideas and values), to determine the parameters for the activity (institutional sub-system) and factual methods and forms of activity (behavior sub-system) in the political system of a society. Accordingly, it is in the process of constitutional mediation that the “confusing” influences of the environment on the political system are substitute, allowing for the structuring and functioning of its elements adequately to constitutionalism.
Keywords: constitutionalism, political system, systemic approach, rationality, state, political power, civil society, political and legal environment, wholeness, society.
Reference:
Dobrynin, N.M.. Brief essay on the fate of Russian constitutionalism: on nature, evolution and urgency of the constitutional reform // Law and Politics.  2013. № 12.  P. 1737-1752. DOI: 10.7256/2454-0706.2013.12.52110 URL: https://en.nbpublish.com/library_read_article.php?id=52110
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Abstract: The object of study in this article is Russian constitutionalism, its nature, principles and factors, allowing for its implementation, as well as the perspectives of constitutional target-setting in Russia in the light of urgent need for constitutional reform. The author pays much attention to the definition of constitutionalism, as well as the history of its development in the Russian state. Based upon his own study and analysis of numerous works of legal scholars, as well as upon the comparison of provisions declared by the Constitution with the political, economic, social and cultural reality, then the author draws a conclusion that there are deeply rooted contradictions in the Russian constitutionalism, and they allow one to call it non-sustainable. In the process of studies the author used the following methods: classification, analysis, synthesis, comparative legal studies, empirical and historic methods. The article includes scientifically novel elements, such as author’s definition of constitutionalism, as well as defining the vector for the constitutional target-setting in Russia and the main prerequisites for the constitutional reform.
Keywords: state system, constitutionalism, constitutional reform, constitutional crisis, constitution, legal culture, social systems, administration, functions of the constitution, target –setting.
Reference:
Leusenko, D.A.. Integration theory and genetic method in cognition of law by B.A. Kistyakovskiy // Law and Politics.  2013. № 12.  P. 1731-1736. DOI: 10.7256/2454-0706.2013.12.52109 URL: https://en.nbpublish.com/library_read_article.php?id=52109
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Abstract: The article is devoted to explication of the theoretical position of B.A. Kistyakovskiy regarding the basic elements of the research program for the legal studies, role of social norms in the formation of social scientific platform for the studies, and contents of genetic method of legal studies. The author analyzes various aspects of legal thought of B.A. Kistyakovskiy, his attitude to legal positivism, his criticism of dogmatic jurisprudence, correlation of social and legal matters, importance of method in law, formation of law within the social matter, etc. Special attention is paid to the methodological criticism of the “descriptive” methods of dogmatic (positive) jurisprudence and characteristics of “cause-and-genetic-explanation” methods. It is important to note that in the opinion of B.A. Kistyakovskiy study of norms in the cognitive activity of people requires application of “obligation category” to scientific cognition. The author states that the concept of integrative genetic legal understanding was formed in Russia within the sociological school of law. He notes that it is in the works of P.I. Novgorodtsev, S.A. Muromtsev, B.A. Kistyakovskiy that we may find the theoretical scheme for the synthetic understanding of law, based on unity of method and understanding and scheme for legal cognition, rather than upon uniting various aspects of legal understanding, which was what B.A. Kistyakovsky insisted on.
Keywords: research program, axiomatic standards, integration theory, genetic method, social norm, social and scientific terms, natural scientific terms, causation relations, generality category, necessity category.
Reference:
Leusenko, D. A.. Integrated legal consciousness and the genetic method in legal sciences // Law and Politics.  2013. № 11.  P. 1550-1556. DOI: 10.7256/2454-0706.2013.11.52087 URL: https://en.nbpublish.com/library_read_article.php?id=52087
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Abstract: This article considers the problems of establishing a theory of integrated legal consciousness in Russia, outlines the particulars of developing the genetic method in the Russian school of legal sociology, and presents an analysis of the theoretical position of Bogdan Kistyakovsky in relation to the possibility of objective law and the role of the inherent concept of the “public sphere” when discussing the nature of law. The article focuses on the essence of the genetic method of learning and the nature of the historiographical situation in Russian legal science at the turn of the 20th century. For Kistyakovsky, the hermeneutical schema was of particular importance in the formation of the genetic method in Russian legal sociology. This alludes to the logical relationship between the reality of objective laws and the normative system of society – the social norms which form society. The framework of the genetic method gives rise to an understanding of law primarily through the study of the problems of the origins of law: the study of the nature of law which brings about its operationality. The problems of the origins of law were touched upon by the majority of the representatives of the Russian school of integrative legal consciousness (Maxim Kovalevsky, Sergey Muromtsev, Bogdan Kistyakovsky). On the one hand, contemporary discussion of the types of legal consciousness is characterized by an increased interest in the problem of generating a consistent integrative theory of legal consciousness. On the other hand, there is a lack of serious theoretical interest in the pragmatic and practical tradition of the study of law using the genetic method, as outlined in Russian jurisprudence in the late 19th and early 20th centuries.
Keywords: normative theory of law, school of legal sociology, legal autonomy, origins of law, social norms, objective law, genetic method, integrated legal consciousness, scientific-integrated approach, operationality of law
Reference:
Malyutin, R.A.. Philosophy and politics: the experience of comparing methodologies based upon an example of the dialogue between Alexander Kozhev and Leo Strauss // Law and Politics.  2013. № 10.  P. 1408-1414. DOI: 10.7256/2454-0706.2013.10.52069 URL: https://en.nbpublish.com/library_read_article.php?id=52069
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Abstract: The article is devoted to the methodological problems of political sciences. Based on an example of the polemics between Leo Strauss and Alexander Kozhev, the author shows the key working methods of modern researchers, and their weak spots. The author also provides analysis of the causes of the problems and potentially productive options for their resolution. The author takes the development of economic sciences as a reference point. The political science has been institutionalized only recently, and it still uses the philosophical vocabulary, that is why its achievements sound archaic compared to achievements of other humanities. The lacking involvement of mathematics, neurosciences, statistics, etc. causes loss and stagnation of knowledge. The typical thesis on power written in the early XXI century rarely differs from the theses, which appeared two to four centuries ago. Esoteric and philosophic tendencies are being criticized as harmful and thwarting further progress.
Keywords: literature, criticism, statistics, knowledge, cognition, development of science, methodology, power, philosophy, politics, interdisciplinary studies.
Reference:
Loba, V.E.. Formation and development of the Russian doctrine on definition and goals of punishment in the thesis work on criminal law in the universities of the Russian Empire // Law and Politics.  2013. № 10.  P. 1415-1420. DOI: 10.7256/2454-0706.2013.10.52070 URL: https://en.nbpublish.com/library_read_article.php?id=52070
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Abstract: This article is devoted to the views of the Russian lawyers on definition and goals of punishment, as expressed in their theses. The object of study includes theoretical concepts, ideas, legal constructions, which are devoted to punishment, its nature, goals and influence, as provided for in the dissertation theses on criminal law, presented at the Law faculties of the Universities of the Russian Empire in XIX and early XX centuries. The goal of the article is to analyze evolution of the Russian doctrine on punishment, as reflected in dissertation theses on criminal law presented at the Law faculties of the Universities of the Russian Empire in XIX and early XX centuries. The methodological basis for the study includes three groups of methods: general methods, general scientific methods, and special legal methods. The article evaluates the process of formation and development of the Russian teachings on criminal punishment, as reflected in the dissertation theses at the Universities of the Russian Empire. The results of the studies may be used in scientific work on formation and development of the Russian legal doctrine, criminal law, theory and history of state and law.
Keywords: dissertation studies, goals of punishment, Universities, punishment, criminal law, definition of punishment, the Russian Empire, doctrine, teaching, scientific studies.
Reference:
Aleinikov, A.V., Osipov, I.D.. Historiology of the Russian Constitutionalism: political and philosophical analysis // Law and Politics.  2013. № 10.  P. 1421-1427. DOI: 10.7256/2454-0706.2013.10.52071 URL: https://en.nbpublish.com/library_read_article.php?id=52071
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Abstract: The article is devoted to the roots of constitutional process in Russia and the historical paradigms of the Russian Constitutionalism. The authors analyze the views of various Russian scientists on the ideas of Constitutionalism in various historic periods, provide analysis and classification of such views. The authors single out and provide detailed analysis of two main forms: Constitutionalism, which politically and legally limits the supreme power, and Constitutionalism, which is based on trust to the supreme power. The authors analyze evolution of dualistic and triadic models of Constitutionalism in the Russian thought, and provide detailed descriptions of original liberal, conservative and radical concepts, paying special attention to the differences in their axiological bases. The authors prove that the current Russian Constitution is a result of the reasonable compromise among various social values, directly referring to the basic principles of the Constitutionalism. It enshrines both liberal values of natural rights and freedoms of person and citizen, doctrine of ruleof- law state, separation of powers, democracy and civil society, and conservative elements for unity and sovereignty of the strong Russian statehood, while supporting the principle of federalism and historic tradition of the people.
Keywords: Russia, Constitution, constitutional process, Constitutionalism, liberalism, conservative, state, supreme power, law, philosophy of law.
Reference:
Zhdanov, V.L.. On the issue of formation of the astro-policy // Law and Politics.  2013. № 9.  P. 1210-1213. DOI: 10.7256/2454-0706.2013.9.52045 URL: https://en.nbpublish.com/library_read_article.php?id=52045
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Abstract: The article regards the process of formation of the “astro-policy”, its correlation with the “space policy”, “geopolicy” and “astro-strategy”. The author analyzes the topical issues regarding the true nature of the term “astro-policy”, as well as the works of the American political scientist, Professor of the USAF Air University: School of Advanced Air and Space Studies E. Dolman. in the sphere of astro-policy, geo-policy and cosmic exploration. The author also evaluates and analyzes the views of the renowned political scientist L. Savin and his attitude to the work of E. Dolman. The attention is brought to the fact that the scientific works of E. Dolman shall be topical for a long time, causing disputes and disagreements. The article provides detailed analysis of the key provisions of the works of the American political scientist and the conclusions are made on the value of his research.
Keywords: political science, astro-policy, astro-strategy, astro-political trend, astro-political theory, evolution, space policy, geo-policy, space, transformation.
Reference:
Seliverstov, M.V.. On the issue of terminological specific features of the definition “international law” in the German legal science in late XIX century – early XX century // Law and Politics.  2013. № 9.  P. 1214-1222. DOI: 10.7256/2454-0706.2013.9.52046 URL: https://en.nbpublish.com/library_read_article.php?id=52046
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Abstract: The article concerns the issues regarding the attitudes of German lawyers in late XIX and early XX centuries towards the terminological specificities of the term “international law” in legal science. The works of German lawyers in most cases regard international law as a special legal order, regulating the relations among the subjects of this legal system. At the same time another definition provides that international law is a combination of legal norms, regulating the legal relations among the subjects of international law, which does not belong to their domestic law. The discussion of there issues have long history. The development of international law followed from the ancient Roman and Medieval ius gentium (law of peoples) to ius inter gentes (law among the peoples) of the Spanish era (1494-1648) and the dominating French approach (1648-1815) of the inter-state law, and than later to the modern international public law – «internationals öffentliches Recht». The scientific and theoretical views on terminological differences within the term “international law”, as provided by the scientists in XVII-XIX centuries, have formed the basis for the German scholars and their modern approaches to its definition. In order to find the most objective definition, which would reflect separate aspects of international law, the German scholars used the alternative methods and brought together three scientific approaches of their predecessors towards the scientific category in question: from the standpoints of international legal sources, subjects of international law and object of legal regulation. The conclusions of the author are the following. Firstly, the scientific approaches to the term “international law” prove presence of contradictory and sometimes mutually excluding opinions of the lawyers and pluralism of their opinions. Secondly, in spite of an individual approach of German lawyers and pluralism of their opinion, they cannot find a fixed definition of international law, which would apply to all of the historical periods.
Keywords: Westphalian system, Viennese system, external state law, European public law, coordination law, interstate law, international law, international legal order, the science of international law, legal community.
Reference:
Seliverstov, M.V.. Doctrine as a source of international law (scientific approach of German lawyers) // Law and Politics.  2013. № 8.  P. 1107-1110. DOI: 10.7256/2454-0706.2013.8.52034 URL: https://en.nbpublish.com/library_read_article.php?id=52034
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Abstract: The article is devoted to the study of the issues regarding the approach of German lawyers to doctrine as one of the sources of international law. The German legal system does not recognize doctrine as a formal source of law, but it is recognized as a existing accessorial source of law, which possesses de facto influence on it. The influence of doctrines of the most highly regarded scholars on the formation of the norms of international law may be implemented in various ways, and it may be reflected in the decisions of international court as means of peaceful resolution of disputes, in signing of international treaties, and in exceptional circumstances based upon the generally accepted positions on the formation of such norms, as well as in unilateral statements of heads of the state. The author correlates legal, ideological and political aspects of doctrine. He studies evolution of this source of law based upon scientific works of German lawyers of XVII – XIX centuries. He analyzes the doctrines of “external state law”, “eternal peace”, “ formation of international legal obligations out of wrongful acts”, etc. The author concludes that the modern international law may be characterized by formation of a large number of doctrines and interpretations in order to establish the generally valid norms of international law, and the growing number of contradictions in the international legal norms is what follows from it. Taking into account that each of those persons interpreting the norms (consciously or unconsciously) supports the position, which is profitable for his state or political government, the role of doctrine is being forfeited.
Keywords: Germany, German concept, eternal peace, external state law, doctrine, ideology, law, politics, source of law, realism.
Reference:
Antonov, I.P., Seliverstov, M.V.. Formation and development of the theory of state sovereignty in the works of Germany scientists in XVII – XIX centuries // Law and Politics.  2013. № 8.  P. 1098-1106. DOI: 10.7256/2454-0706.2013.8.52033 URL: https://en.nbpublish.com/library_read_article.php?id=52033
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Abstract: The processes of development of the state as a main subject of international public law is inseparably connected to the evolution of sovereignty theory. This article studies the key provisions of the sovereignty theory in accordance with the teachings on state based upon analysis of the scientific works of German scientists of XVII – XIX centuries. The authors follow the connection between the types of state and their classification and the forms of limitations to sovereignty. As for the theory of state sovereignty, the authors note that sovereignty as one of the characteristic features of the state is variable in its form, since it is connected with the legal capacity of the state. But since under the general theory of law only the rights may be divided, and not the legal capacity itself, the idea of invisible sovereignty becomes obvious. Therefore, depending on the goals of the state in the spheres of its domestic and foreign policy, the types of sovereignty change, and the sovereignty itself remains an inalienable characteristic feature of a state. From the practical standpoint the lack of balance between legal and political elements of sovereignty in the foreign relations often depends on inner factors and outer influences from the other subjects of international law.
Keywords: Germany, power, state, natural law, sovereignty, concept of international law, protectorate, right of way, condominium, legal positivism
Reference:
Kornaukhova, N.V.. V.N. Leshkov on independence of municipal government // Law and Politics.  2013. № 4.  P. 553-559. DOI: 10.7256/2454-0706.2013.4.51964 URL: https://en.nbpublish.com/library_read_article.php?id=51964
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Abstract: The article includes analysis of the views of one of the merited legal scholars of the second half of the XIX century – V.N. Leshkov, who devoted his work to the issues of selfgovernment and its independence from the state. While his concept is not ideal and it has some contradictions, it should be noted that he was one of the first scientists, who viewed community as the basis for the self-government, and people as the moving force of history. His concept has elements of the social theory of local self-government.
Keywords: jurisprudence, Leshkov, V.N., self-government, country council, theory, independence, state, society, reform, position.
Reference:
Redin, M.P.. Problem of stages of the crime in the scientific works of N.F. Kuznetsova and its further solution. // Law and Politics.  2013. № 3.  P. 427-435. DOI: 10.7256/2454-0706.2013.3.51949 URL: https://en.nbpublish.com/library_read_article.php?id=51949
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Abstract: The article is devoted to the scientific achievements of N.F. Kuznetsova in the sphere of solving the problem of stages of crimes, their correlation with the incomplete crime. The author shows the value of these achievements for the further development of the teaching on stages of implementation of criminal intent as a new paradigm in the global criminal law. The author establishes the intellectual connection between the stages of implementation of criminal intent (stage of preparation for the implementation of crime and the stage of implementation of crime), and such terms as attack and encroachment, which previously were deemed to be unconnected. The author discusses the key provisions of the teaching and legislative novelties, which are based on it. Then he discusses the issue of the need to introduce this teaching and legislative novelties which are based on it into the teaching process and criminal legislation.
Keywords: N.F. Kuznetsova, scientific achievements, stages of committing crime, crimes depending on the stage of their completion, correlation of committing the crime and crimes depending on the stage of their completion, crimes with direct intent, teaching on the stages of implementing the crime, new paradigm in the global criminal law science, stage of preparation for a crime, stage of implementation of a crime, encroachment, attempt, combination of scientific and legislative novelties.
Reference:
Parkhomenko, R.N.. State and law in the works of B. Chicherin. // Law and Politics.  2013. № 3.  P. 436-444. DOI: 10.7256/2454-0706.2013.3.51950 URL: https://en.nbpublish.com/library_read_article.php?id=51950
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Abstract: The article is devoted to the ideas of the renowned Russian thinker and legal scholar Boris Nikolaevich Chicherin (1828-1904) on state, civil society and definition of law. Now, when one is to speak of the philosophical heritage of Boris Chicherin, the researchers point out the fact that he was at the very source of the formation of Russian political and legal science. Boris Chicherin wrote a number of works, which were directly or indiretly related to the legal issues, politics, history and theory of state. The cornerstone of his philosophy was the term of human individual as a free person, and his political credo was to combine the liberal state and the strong government, which he regarded as a specific feature of the Russian state. The method of this work was to study a number of little known works of Boris Chicherin, and the author also studied political philosophy and philosophy of law in Russia (the Moscow State University named after M.V. Lomonosov) and in Germany (the Humboldt University of Berlin, the Tuebingen State University), which allowed him to understand the ideas of Boris Chicherin better and to evaluate them properly. As the result of the research, the author shows that Chicherin was trying to find a compromise between Slavophiles and pro-Western tendencies in the Russian philosophy of XIX – XX centuries, as well as between the ideas of anarchy and despotism. The philosopher also was trying to find a positive balance between the terms of freedom and equality. All of the above-mentioned matters lead him to the creation of the philosophic and legal concept, which one may now evaluate as liberal-conservative. The sphere of application of results of this study may be its use in the courses on history of political teachings and law, as well as in the scienctific research in the sphere of theory of state and law.
Keywords: political science, state, law, politics, society, freedom, person, history, property, liberalism.
Reference:
Zhdanov, V.L.. On the issue of the formation of the Russian Cosmism. // Law and Politics.  2013. № 2.  P. 260-265. DOI: 10.7256/2454-0706.2013.2.51927 URL: https://en.nbpublish.com/library_read_article.php?id=51927
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Abstract: In article describes and analyzes the works of Russian cosmists like Fudorov N., A. Sukhovo-Kobylin Tsiolkovsky, Vernadsky and A. Chizhevsky, who gave rise not only to the establishment of practical development of the cosmos, but also to the birth of the “space policy” . Their identity is revealed. It is noted that Russian cosmism includes two levels – religious, mystical and universal “unity.” Latter ideas influenced the formation and development of modern directions in the space policy. The attention is focused on the two fairly clearly defined schools of Russian cosmism – Moscow school and Kaluga school. N. Fedorov is recognized by most researcher to be the founders of the Russian cosmism. The conclusion is that the Russian Cosmism is one of the important sources for the theoretical space policy related to the practical exploring of the open space, and his ideas defined the overall direction of the cosmological theories.
Keywords: space policy, cosmological theory, cosmism, Russian space art, Soviet space art, antique space art, space, religious and mystical level, the universal “unity”, school of Russian cosmism, the ideas of heliocentrism.
Reference:
Zhdanov, V.L.. Methodological approach to the outer space policy. // Law and Politics.  2013. № 1.  P. 117-120. DOI: 10.7256/2454-0706.2013.1.51909 URL: https://en.nbpublish.com/library_read_article.php?id=51909
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Abstract: The article is devoted to the key methodological approaches to the outer space policy. The author analyzes empiric, general logic, dialectic methods, studies their nature. The author singles out a number of approaches to the studies of outer space policy, such as the functional methodology, comparative methodology, sociological, political and cultural approaches. It is noted that the dialectic and systemic approaches, as well as expert evaluation and sociological polls have much perspective in this sphere.
Keywords: political science, methodology, studies, general logic, open space, politics, dialectic, systemic, sociological
Reference:
Mikhailov, A.M.. Basic stages of genesis of the continental legal dogmas. // Law and Politics.  2012. № 11.  P. 1875-1884. DOI: 10.7256/2454-0706.2012.11.51863 URL: https://en.nbpublish.com/library_read_article.php?id=51863
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Abstract: The article includes a review on the development of legal dogmas in the continental legal studies. The author considers that dogmatic jurisprudence had formed the basis for the professional legal culture and key types of legal activities. The starting point of its evolution is the medieval school of glossators. The philosophical bases for the continental legal dogmas were formed by the scholastics. The process of the evolution of the dogmatic jurisprudence may be divided into three main stages. The first stage is medieval and it is represented by the academic school of glossators and commentators (post-glossators). The second period is characterized by the formation of the cultural and philosophical bases for the dogmatic traditions, which were formed due to the humanistic school of lawyers and the school of natural law. The third period is represented by the historical school of law, and the jurisprudence of definitions, which completed the development of the dogmatic jurisprudence.
Keywords: jurisprudence, legal dogmas, continental legal system, general theory of law, glossators, commentators, humanistic school, school of natural law, historic school of lawyers, jurisprudence of definitions.
Reference:
Vasiliev, A.A.. State and legal views of the protective state-supporters Pobedonostsev, K.P., Katkova, M.N. // Law and Politics.  2012. № 10.  P. 1768-1773. DOI: 10.7256/2454-0706.2012.10.51839 URL: https://en.nbpublish.com/library_read_article.php?id=51839
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Abstract: The article is devoted to a topical issue of the state-related and legal views of the Russian protective state-supporting thinkers K.P. Pobedonostsev, M.N. Katkov. The author tried to avoid a negative approach to a conservative legal thought, which still dominates in the Russian legal studies. The article shows strong points of the teachings and inß uence of K.P. Pobedonostsev and M.N. Katkov on the Russian political and legal practice in late XIX century. The author viewed the teachings on protected autocracy showed the inß uence of the protective legal doctrine as a source of Russian law during the rule of Tsar Alexander the III.
Keywords: jurisprudence, conservatism, protective, reaction, stability, succession, autocracy, tradition, custom, order.
Reference:
Schedrina, Y.V.. The irremovability of judges from offi ce in Russia in second half of 1860 to the late 1880s: legislative provisions an practice of their implementation. // Law and Politics.  2012. № 9.  P. 1628-1633. DOI: 10.7256/2454-0706.2012.9.51838 URL: https://en.nbpublish.com/library_read_article.php?id=51838
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Abstract: The article is devoted to the process of legislative provisions of the irremovability of judges in several decades after the judicial reform. The author analyzes the key elements of this principles, as well as the problems of its implementation on the territory of the Russian Federation. The author evaluates points of view of the Russian authors on the further reforms of the Judicial Charters, the introduction of the Highest Disciplinary Court of the Governing Senate. The author then comes to a conclusion that the Law of May 20, 1885 was aimed to correct the norms of the Judicial Charters in part of the provisions on irremovability of judges, and not to abolish them.
Keywords: judicial reform, counter-reform, independency of judges, irremovability of judges, the Highest Disciplinatory Court, Judicial Charters, disciplinary responsibility, justice of peace, Crown judges.
Reference:
Udartsev, S.F.. The idea of the cosmic state in the history of political thought. // Law and Politics.  2012. № 8.  P. 1386-1399. DOI: 10.7256/2454-0706.2012.8.51814 URL: https://en.nbpublish.com/library_read_article.php?id=51814
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Abstract: The article is devoted to the history of the idea of the cosmic state in the political thought from the time of the Ancient World to the Russian Cosmism of early XX century. The author evaluates the interpretations of the idea of cosmic state in the ancient mythology, as well as in the works of thinkers from the time of Ancient Greece and Rome to the early XX century (Fedorov, Tsiolkovsky, Agnenko, Ivanitsky, Vernadsky, Roerich, etc.). The ideas of a cosmic state showed and deepened the understanding of unity of the world, the cosmic nature of human being and human kind, prediction and analysis of the coming cosmic era of the humankind and proper political organization for it. The article may be useful for the researchers in the sphere of fundamental problems of nature of the government, specialists in the sphere of legal philosophy, theory of state and law, political science, history of political and legal teachings.
Keywords: jurisprudence, cosmic state, cosmic civilization, mythology of the Ancient Sumerians, cynics, Plato, Tsiolkovsky, Roerich, Russian cosmism, bio-cosmism.
Reference:
Samenkova, S.E.. Justice: idea, norm, reality. // Law and Politics.  2012. № 8.  P. 1400-1404. DOI: 10.7256/2454-0706.2012.8.51815 URL: https://en.nbpublish.com/library_read_article.php?id=51815
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Abstract: The author attempts to view the category of justice in three of its representations: as an idea, as a norm of law, and as a reality. The author then shows the quality and differences between all of them, their infl uence on the formation of understanding of justice (both everyday and scientifi c understanding), as well as on the way a political legal regime may be formed, changed or ceases to exist, and on the way the social relations may be regulated via the formation of legal norms.
Keywords: jurisprudence, justice, law, politics, idea, norm, reality, principle, image, society.
Reference:
Komarova, V.V.. On the creative achievements of the great Russian constitutional lawyer Academician O.E. Kutafin. // Law and Politics.  2012. № 5.  P. 977-981. DOI: 10.7256/2454-0706.2012.5.51770 URL: https://en.nbpublish.com/library_read_article.php?id=51770
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Abstract: This article is devoted to the analysis of scientifi c achievements of the great Russian constitutional lawyer O.E. Kutafi n. The author points out that O.E. Kutafi n had made a great input into the development of the constitutional legislation of the Russian Federation, its science and practice, and its brilliant works he laid the grounds for the need, social inevitability and progressive character of the transfer of the Russian constitutional law to the democratic system of protection of rights. He left great scientifi c heritage. Much attention is paid to the analyze of monographs and periodicals by O.E. Kutafi n, his textbooks. The author analyzes Kutafi n’s points of view towards the correlation of terms “social structure” and “state structure”, provides detailed analysis. The author also touches upon the problems of civil society, the object of constitutional law, democracy, representation of people, municipal self-government, elections, as the issues, which were analyzed by O.E. Kutafi n. The author describes the opinion of O.E. Kutafi n on these problems and analyzes the current legislation.
Keywords: jurisprudence, Kutafi n Oleg Emelyanovich, constitutional law, constitutional structure, social structure, representation, civil society, municipal self-government, elections as an institution, democratic system.
Reference:
Pavlova, E.V.. Understanding of moral responsibility in the works of the ancient Russian thinkers. // Law and Politics.  2012. № 4.  P. 767-772. DOI: 10.7256/2454-0706.2012.4.51746 URL: https://en.nbpublish.com/library_read_article.php?id=51746
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Abstract: The writers often state that the problem of correlation of the terms “law” and “truth” is a key confl ict of the Russian legal conscience. In fact this confl ict gained its value during the period of expansion of the Western culture and values, when the “truth” got separated from “law”, and at times opposed to it. The article includes analysis of the moral responsibility of the empowered in the works of the ancient Russian thinkers and the confl ict of Russian legal conscience, which was identifi ed by them at the time of the expansion of the Western culture and values in the ancient Russia. The author states that at that time the church was the only consolidating and moral power in the political territory of the Ancient Russia.
Keywords: jurisprudence, law, culture, religion, ideology, politics, Christianity, power, tradition, freedom.
Reference:
Ainutdinov, R.F.. Role and place of political power in the jural state. // Law and Politics.  2012. № 3.  P. 592-596. DOI: 10.7256/2454-0706.2012.3.51724 URL: https://en.nbpublish.com/library_read_article.php?id=51724
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Abstract: In article the various points of view of scientists of the past and the present on such phenomenon as «power», «the political power», «government» are considered. The occurrence reason «divisions of the authorities» and as consequence – «lawful state» occurrence is mentioned. The characteristic of «lawful state» and understanding of this phenomenon is given by scientists. The political power, its place and a role in a lawful state, and also degree of development legal the state in modern Russia is considered.
Keywords: power, the political power, government, division of the authorities, lawful state, political system, state, system of controls and counterbalances.
Reference:
Aleksenko, A.V.. The concept of legitimating of political and legal decisions of the N. Luhmann // Law and Politics.  2012. № 3.  P. 583-591. DOI: 10.7256/2454-0706.2012.3.51723 URL: https://en.nbpublish.com/library_read_article.php?id=51723
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Abstract: The article is devoted to one of the most important concepts of a German classic sociologist N.Luhmann, which was formulated in such books as Legitimation durch Verfahren (Legitimation via the Procedure), Rechtssoziologie (Sociology of law) и Politische Soziologie (Political sociology). Under this concept the legitimacy of norms of law, as established by the state, can be evaluated by the level of recognition and acceptance of these norms, as expected from an individual by a number of third persons. This result is based on the symbolically represented possibility of physical force and by the participation of people in political and legal procedures, such as judicial process and elections. The concept by N.Luhmann is compared with the concept of legitimation by Jurgen Habermas, which in turn points out the role of rational element in recognition of the offi cial decisions by the people. The article is interesting from the standpoints of political science, sociology of law, as well as of the history of state and law.
Keywords: political science, Luhmann, Habermas, legitimacy, law, state, sociology, discourse, procedure, obedience.
Reference:
Borisovsky, E.E.. Bezborodko, A.A. as a merited representative of conservative tradition of the state and legal development of Russia in late XVIII century. // Law and Politics.  2012. № 2.  P. 322-326. DOI: 10.7256/2454-0706.2012.2.51698 URL: https://en.nbpublish.com/library_read_article.php?id=51698
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Abstract: The article is devoted to political and legal views and practical state activity of Aleksandr Alekseevich Bezborodko – the merited representative of a conservative tradition in the Russian statehood, his name is mentioned in legal literature much less often than he deserves.
Keywords: jurisprudence, conservatism, Bezborodko A.A., Catherine the 2nd, Paul the 1st, reforms, XVIII century, Russia, statehood, changes.
Reference:
Bekbosynov, M.B.. Positions on federalism of Russian and foreign scientists. // Law and Politics.  2011. № 12.  P. 2097-2101. DOI: 10.7256/2454-0706.2011.12.51656 URL: https://en.nbpublish.com/library_read_article.php?id=51656
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Abstract: The article is devoted to the positions on federalism, as expressed by Russian and foreign scientists, he shows the key contradictions in the Russian federalism, paying much attention to the problems of the regions of Russia as political subjects.
Keywords: political science, federalism, state institution, subjects of the Russian Federation, political regional studies, ethnical policy, centralization, decentralization, region, unity of subjects.
Reference:
Kovalenko, K.E.. On the issue of the reasonableness of law. // Law and Politics.  2011. № 12.  P. 2102-2108. DOI: 10.7256/2454-0706.2011.12.51657 URL: https://en.nbpublish.com/library_read_article.php?id=51657
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Abstract: The key instrument of the theoretical analysis of the branch of law, its object, method, mechanism of legal regulation and legal system is a principle of law. The defi nition of the principle of reasonableness of law is a topical issue of the modern legal science. It is impossible to explain its nature without the theoretical study of the etymology of the term, its basic meaning and common understanding, its understanding in various scientifi c spheres, and the intent of the legislator. Based on the views of the antique, medieval and modern thinkers the author analyzes theoretical and legal concept of the term “reasonableness”, then the author formulates the position that the category of reasonableness is a required or acceptable standard of behavior, which is implemented when its subject is able to analyze the existing of presupposed situation, including motivation and aim to achieve a certain goal.
Keywords: jurisprudence, principle of law, reasonableness, source of law, judicial discretion, rationality, intuition, reasonability, fairness.
Reference:
Borisovsky, E.E.. The positions of the Russian liberal thinkers of late XVIII – early XIX centuries on state and law. // Law and Politics.  2011. № 12.  P. 2090-2096. DOI: 10.7256/2454-0706.2011.12.51655 URL: https://en.nbpublish.com/library_read_article.php?id=51655
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Abstract: The article is devoted to the political and legal views of the Russian liberal thinkers, such as A.N. Radischev, F.V. Krechetov, G.I. Popov, P.A. Slovtsov, V.V. Popugaev. The author studies their input into the development of the liberal views on the evolution of the Russian state in late XVIII – early XIX centuries.
Keywords: jurisprudence, liberalism, XVIII century, XIX century, Radischev, A.N., Krechetov, F.V., Popov G.I., Slovtsov, P.A., Popugaev, V.V., statehood.
Reference:
Kembaev, Zh.M.. Legal aspects of evolution of the idea of united Europe. // Law and Politics.  2011. № 10.  P. 1713-1732. DOI: 10.7256/2454-0706.2011.10.51618 URL: https://en.nbpublish.com/library_read_article.php?id=51618
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Abstract: This article is devoted to the analysis of the legal aspects of the formation and development of the idea of the united Europe from the ancient times to the current time. The author singles out and analyzes the key stages of evolution of the idea of the European unity (that is: early Middle Ages, Renaissance, Enlightenment, Romanticism, 1917-1945, and 1945-1991). He also analyzes and brings into the single system the political and legal concepts for the unity of the European states of such famous thinkers, as St. Augustine, Thomas Aquinas, Dante Alighieri, P. Dubois, the Pope Pius II, Erasmus of Rotterdam, T. Campanella, M. Sully, Y.Komensky, G.V. Leibniz, W. Penn, C. St-Pier, J.J. Rousseau, I. Bentham, I.G. Gerder, I.Kant, Napoleon Bonaparte, F. Genz, K. Krause, K. St-Simon, F.List, Justus von Schmidt-Phiseldeck, V.Hugo, M.A. Bakunin, Johann Kaspar Bluntschli, L.A.Kamarovskiy, R.N. Coudenhove-Kalergi, A. Brian, A. Spinelli, W.Churchill, J.Monnet, R.Shuman, C. de Gaulle, M.Thatcher, J. Delors.
Keywords: jurisprudence, history of the European integration, the United States of Europe, universal monarchy, the Union of States, Confederation, Federation, Immanuel Kant, the EU, Europe.
Reference:
Kembaev, Zh.M.. The idea of the United States of Europe in political and legal thought of V.I. Lenin and L.D. Trotsky. // Law and Politics.  2011. № 9.  P. 1551-1557. DOI: 10.7256/2454-0706.2011.9.51594 URL: https://en.nbpublish.com/library_read_article.php?id=51594
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Abstract: This article includes comparative analysis of political and legal views of V.I. Lenin and L.D. Trotsky regarding the formation of the United States of Europe. The article reflects development of this idea in the works of both leaders of international Communist movement, and shows the reasons for disputes among them regarding the ways of development of the Socialist revolution and uniting the states of Europe and finally the world into one organization. The author shows the reason why Lenin was critical towards this idea, and he also shows the position of Trotsky in favor of the USE.
Keywords: jurisprudence, V.I. Lenin, L.D. Trotsky, I.V. Stalin, USSR, October revolution, the theory of “permanent revolution” history of the European integration, the United States of Europe, history of legal and political thought.
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