Karpov V.A. Interpretation of the concept of a legal state within Russian pre-revolution legal studies of the 19th – beginning of 20th centuries

Abstract: The subject of this research is the generalization of views of various pre-revolution scholars on the legal state, its concept, criteria, differentiation from similar legal state concepts, as well as other aspects used as an example for demonstrating the deeply indigenous interpretation of this category by Russian legal science. Out of the multifariousness of views and approaches of the pre-revolution Russian scholars towards the problems of legal statehood the author highlights generalized trends and aspects, and compares the ideas of legal state and absolutism. The author examines the concept of criteria for legal state, and highlights the character trait of the entire pre-revolution Russian concept of criteria for legal state: priority of moral and ethical criteria and non-governmental social regulators in the structuring of legal statehood. Analysis of the pre-revolution era of development of Russia’s legal science has demonstrated that the notion of law and legislation were not sufficiently demarcated, and were largely thought to be one and the same. The ideas of pre-revolution scholars on impermissibility of absolutization of the concept of legal state become rather relevant in the current political and legal conditions.

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