scholarly journals Ethical and legal doctrines in Russian neo-Kantianism (P.I. Novgorodtsev and B.A. Kistyakovsky)

2021 ◽  
Vol 2 (3) ◽  
pp. 0
Author(s):  
Stanislav Kushner
Keyword(s):  
Civil Society ◽  
Moral Philosophy ◽  
Scientific Literature ◽  
Psychological Theory ◽  
Russian Philosophy ◽  
Philosophy Of Law ◽  
Ethical Aspects ◽  
History Of ◽  
Theory Of Law ◽  
Kantian Philosophy

The article is devoted to the analysis of the legal theories of P.I. Novgorodtsev and B.A. Kistyakovsky, based on the moral philosophy of I. Kant in comparison with the psychological theory of law of L.I. Petrazhitsky. The unity of the positions of Novgorodtsev and Kistyakovsky in focusing on the ethical aspects of law, as well as highlighting morality as the highest principle, is revealed. Attention is paid to the disclosure of neo-Kantian motives in the philosophy of law and in the context of the development of the theory of natural law in Russia. The main content of the article is a consistent analysis of Novgorodtsevʼs ideas in their dynamics, compared with the neo-Kantian philosophy of law of Kistyakovsky. It is emphasized that the psychological theory of the source of Petrazhitskyʼs legal relations is in the same intention of thought with the motives of the Russian neo-Kantians, which allows them to be compared in the history of the development of the Russian theory of law. The modern scientific literature is analyzed in order to identify the problem of comparing different approaches in the history of Russian philosophy of law, in which German transcendental philosophy is one of the key foundations. The question of the independence of Russian scientists in the construction of ethical and legal doctrines is actualized, but, at the same time, a single motive is emphasized with the Kantian provision on the need to establish a general civil society on the principles of a developed system of rules and norms.

scholarly journals Correlation between Philosophy and Theory of State and Law

2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Oleg Grygor ◽  
Yuri Krysiuk ◽  
Angela Boyko ◽  
Vadim Zubov ◽  
Igor Sinegub
Keyword(s):  
Civil Rights ◽  
Theoretical Aspect ◽  
The State ◽  
Theory And Practice ◽  
Philosophy Of Law ◽  
Depth Study ◽  
History Of ◽  
Theory Of Law ◽  
The Relationship

At first glance, the relationship between philosophy and theory of law is not applied but is considered a purely theoretical aspect. This thesis is not correct due to the adoption of the European legal standard of human and civil rights, the role of philosophy of law, the foundations of the theory of state and law in the training of lawyers, the formation of future lawyers of high philosophical and methodological culture.In this article, based on the analysis of the history of philosophy of law and the general theory of state and law and their development, the authors justify as an autonomous status in the jurisprudence of the two disciplines, their relationship and vice versa - differences.To do this, the authors explored the historical excursion of world philosophical and legal thought, grouped scientific and theoretical views on the relationship between philosophy of law and theory of state and law and provided an argument for the close intersection of philosophy of law and theory of state and law, mobility between scientific disciplines.Close contact between philosophy and jurisprudence contributes to the understanding of law not only as a function of the state but also the essence of human spirituality.The authors concluded that the in-depth study of scientific and theoretical aspects of the relationship between philosophy, philosophy of law and theory of state and law is the result of bridging the gap between theory and practice and will further focus on expanding the interaction of philosophy, theory and law results of the functioning of the state and law.Emphasizing the relevance of the topic in terms of bridging the significant gap between theory and practice, between the declarative provisions of laws and their actual implementation, the legal, scientific community is increasingly expanding to enter the plane of the practical application of philosophical - theoretical thought.

scholarly journals Doctrinal basis of the Soviet law science —epistemological and praxeological dimensions

2021 ◽  
Vol 7 (3) ◽  
pp. 45-53
Author(s):  
Evgeni A. Apolski ◽  
Andrei Yu. Mordovtsev ◽  
Aleksei Yu. Mamychev
Keyword(s):  
General Theory ◽  
Legal Theory ◽  
Scientific Research ◽  
Theoretical Knowledge ◽  
Legal Knowledge ◽  
Philosophy Of Law ◽  
Legal Thought ◽  
History Of ◽  
Theory Of Law ◽  
Further Development

The article considers the Soviet dissertation theoretical and legal doctrines as a scientific category with a set of specific features. The author draws attention to the fact that the massive layer of legal theoretical knowledge known as Soviet jurisprudence and the legal teachings reflecting the evolution of Soviet law are insufficiently studied in ontological and epistemological terms. In specific, the role, place, and significance of Soviet dissertation legal theoretical teachings are lacking in the literature. Moreover, the Marxist methodology of legal knowledge, which should be used in modern educational and scientific space, lacks clear assessment. The author analyzes the most important thesis on the theory of law, which reflect the ontological and methodological foundations of the Soviet law and legal theory presented in the theses. This article lays the basis and the vector of further development of Soviet jurisprudence. These dissertation doctrines are analyzed to further use them in the scientific research of laws and trends in the development of Soviet legal thought. The results of these analyses are crucial for the history of political and legal doctrines, general theory of law, and philosophy of law and can be used in other areas of legal (including industry) science, considering their interdisciplinary heuristic potential.

PHILOSOPHICAL HISTORY AND THE SCIENCE OF MAN IN SCOTLAND: ADAM FERGUSON'S RESPONSE TO ROUSSEAU

2013 ◽  
Vol 10 (3) ◽  
pp. 543-568 ◽  
Author(s):  
IAIN MCDANIEL
Keyword(s):  
Eighteenth Century ◽  
Civil Society ◽  
Roman Republic ◽  
Moral Philosophy ◽  
Political Thought ◽  
Adam Smith ◽  
The State ◽  
Scottish Enlightenment ◽  
Art And Culture ◽  
History Of

Jean-Jacques Rousseau's Discourse on the Origin and the Foundations of Inequality is now recognized to have played a fundamental role in the shaping of Scottish Enlightenment political thought. Yet despite some excellent studies of Rousseau's influence on Adam Smith, his impact on Smith's contemporary, Adam Ferguson, has not been examined in detail. This article reassesses Rousseau's legacy in eighteenth-century Scotland by focusing on Ferguson's critique of Rousseau in his Essay on the History of Civil Society (1767), his History of the Progress and Termination of the Roman Republic (1783), and his lectures and published writings in moral philosophy. Ferguson's differences from Rousseau were more pronounced than is sometimes assumed. Not only did Ferguson offer one of the most substantial eighteenth-century refutations of the Genevan's thinking on sociability, nature, art, and culture, he also provided an alternative to the theoretical history of the state set out in the Discourse on Inequality.

Fichte's Moral Philosophy

2020 ◽  
Author(s):  
Owen Ware
Keyword(s):  
Moral Philosophy ◽  
Distinctive Feature ◽  
Moral Life ◽  
Careful Examination ◽  
Moral Perfection ◽  
History Of ◽  
Intellectual Context ◽  
Open Dialogue ◽  
New Interpretation ◽  
Kantian Philosophy

This book develops and defends a new interpretation of Fichte’s moral philosophy as an ethics of wholeness. While virtually forgotten for most of the twentieth century, Fichte’s System of Ethics (1798) is now recognized by scholars as a masterpiece in the history of post-Kantian philosophy and a key text for understanding the work of later German idealist thinkers. This book provides a careful examination of the intellectual context in which Fichte’s moral philosophy evolved and of the specific arguments he offers in response to Kant and his immediate successors. A distinctive feature of the study is a focus on the foundational concepts of Fichte’s ethics—freedom, morality, feeling, conscience, community—and their connection to his novel but largely misunderstood theory of drives. By way of conclusion, the book shows that what appears to be two conflicting commitments in Fichte’s ethics, a commitment to the feelings of one’s conscience and a commitment to engage in open dialogue with others, are two aspects of his theory of moral perfection. The result is a fresh understanding of Fichte’s System of Ethics as offering a compelling resolution to the personal and interpersonal dimensions of moral life.

The History and Foundations of Criticism of H.L.A. Hart’s Legal Positivism in R. Dworkin’s Philosophy of Law

2019 ◽  
Vol 62 (7) ◽  
pp. 124-142
Author(s):  
Sofya V. Koval
Keyword(s):  
Legal Positivism ◽  
Legal Rights ◽  
Philosophy Of Law ◽  
American Philosophy ◽  
Rules And Principles ◽  
History Of ◽  
Competing Models ◽  
Anglo American ◽  
The Concept Of Law ◽  
Theory Of Law

The paper discusses the Anglo-American philosophy of law of the 20th century, more specifically the philosophy of law of Ronald Myles Dworkin and his criticism of the legal positivism of Herbert Lionel Adolphus Hart. The author presents the history of the criticism of legal positivism in Ronald Dworkin’s philosophy of law and distinguishes historical stages. The subject of the study is the critique of legal positivism but not the Hart-Dworkin debate itself, well known in Western philosophy of law. The reason is that the discussion was conducted between Dworkin and Hart’s supporters but not between Dworkin and Hart by himself. The latter responded to the criticism only after twenty seven years. The article explains why Dworkin chose for his criticism Herbert Hart’s version of legal positivism. This is due to the fact that Dworkin highly appreciated Hart’s positivist theory of law and characterized it as the “most clear.” The article presents the methodological foundations of criticism of Hart’s legal positivism in Dworkin’s philosophy of law. It reveals a methodological divergence between the two legal theories, which directly affects the understanding of the concept of law and its content. Therefore, we can assume that the legal theories of Hart and Dworkin are two competing models of law: Dworkin’s model considers law as a set of rules and principles and Hart’s model acknowledges only rules and court decisions as a source of law. The article also presents the key principles of positivism criticized by Dworkin. These principles, firstly, interpret law as a set of legal rules determined through a special legal criterion, secondly, provide the judge with an opportunity to make a decision “at his own discretion” in a situation not regulated by law, and, thirdly, recognize only legal rights and obligations enshrined in legal regulations. It is important to note that in this article the author describes criticism as an independent phenomenon of legal philosophy with a particular focus on the history and foundations of this phenomenon.

Legal Realism in Chicherin’s Philosophy of Law

2020 ◽  
pp. 68-71
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
Russian Philosophy ◽  
Philosophy Of Law ◽  
Legal Realism ◽  
Making Meaning ◽  
Social Facts ◽  
Legal Thought ◽  
History Of ◽  
Central Meaning ◽  
Legal Understanding ◽  
Xix Century

The paper considers the problem of determining the origins of legal realism by the example of the views of the outstanding representative of the Russian philosophy of law B.N. Chicherin as a generalized characteristic of the methods of legal knowledge and legal understanding that are widely used in modern legal thought. Taking into account the varie-ty of meanings and interpretations of the realism of law, the study demonstrates, first, the problem of articulating the central meaning of the principle of realism in the philosophy of law of the XIX century, which is fixed in Russian legal thought, secondly, the author substantiates the thesis that the name “legal realism” is not unambiguous and implies a variety of options for its conceptual design. Analyz-ing Chicherin’s legal views, the paper argues that legal realism in the modern history of political and legal thought is not seen only as the installation of the legal version of the philosophy of pragmatism, with its focus on making meaning based on social facts, but as a direction, articulated the recognition of the reality of law as a spiritual phenomenon.

scholarly journals Russian Neo-Kantianism: Experiments (self)definitions and modern perspective

2021 ◽  
Vol 2 (3) ◽  
pp. 0
Author(s):  
Vladimir Belov
Keyword(s):  
Objective Assessment ◽  
Transcendental Philosophy ◽  
Self Determination ◽  
Philosophical Tradition ◽  
Russian Philosophy ◽  
Research Practice ◽  
European Philosophy ◽  
History Of ◽  
Kantian Philosophy ◽  
Modern Perspective

One of the most important tasks in each philosophical tradition is to determine the methodological foundations and the target reason for research practice. Russian Russian neo-Kantianism raises several fundamental questions, including the criteria for distinguishing individual systems and the possibility of their integral reconstruction, the identification of the independence of Russian philosophers in overcoming the key contradictions of transcendental idealism, as well as discussions regarding the contribution of Russian neo-Kantians to the history of the development of Russian and European philosophy. No less significant is the problem of uniting Russian neo-Kantianism in the context of the general tradition of neo-Kantianism in its development to the latest trends. The prospect of turning to the heritage of Russian philosophers is largely determined by the design of post-Kantianism and post-Neo-Kantianism. In the works of A.I. Vvedensky, and then B.A. Focht, V.E. Seseman, S.L. Rubinstein, and many others, the transition from German classical idealism in the prism of the specifics of Russian philosophy to the formation of a new understanding of transcendental philosophy and its tasks was marked. In many ways, the proposed solutions were distinguished by originality and obvious independence, but at the same time they were implicitly within the boundaries of the tradition of German neo-Kantian philosophy set by I. Kant. Comparing the latest prospects for the development of neo-Kantian methodology, it can be assumed, not without reason, that Russian neo-Kantianism has largely anticipated the latest trends. Russian neo-Kantians need to reveal the unity of the entire tradition for an objective assessment and subsequent actualization of the heritage of the Russian Neo-Kantians, accompanying this process with a historical and philosophical reconstruction of individual systems of philosophy, but also identifying those perspectives for philosophy that were designated by Russian thinkers. Russian neo-Kantians' problem field of self-determination within the framework of the history of Russian and European philosophy is proposed in the content of the article. Special attention is focused on the unity of methodological tasks and the target reason for the research practices of thinkers who at different stages of their development contributed to the formation of the phenomenon of Russian neo-Kantianism.

scholarly journals The Logos of law: Parmenides - Hegel - Dostoevsky. On the Speculative and Logical Foundations of the Metaphysics of Law

2021 ◽  
Author(s):  
S.I. Zakhatsev ◽  
D.V. Maslennikov ◽  
V.P. Salnikov
Keyword(s):  
The Other ◽  
Philosophy Of Law ◽  
Postgraduate Students ◽  
Logical Foundations ◽  
The Social ◽  
History Of ◽  
Classical Philosophy ◽  
Law And Morality ◽  
Theory Of Law ◽  
Theoretical Foundations

The monograph studies the relation between the "first philosophy" as the doctrine about the unity of thinking and existence, on one hand, and the philosophy of law as a specialised philosophical science, on the other. This paper explores the methodological and general theoretical foundations for the interpreting of the classical philosophy of law, the problems of monism and dualism in the justification of the theory of law, the relations between law and morality, law and religion, and the Absolute in law. The notion of absolute freedom as a paradigm of the classical German philosophical and legal school of thought is considered herein. It is demonstrated that in the classical philosophy of law as presented by Kant, Fichte and Hegel, this foundation is used to overcome both the paradigm of substantive natural law and the paradigm of the social contract, which remains dominant to this day. The target audience of this monograph includes researchers specialising in the history of philosophy and theory of law, legal experts, instructors, postgraduate students as well as anyone who is interested in the philosophy of law.

A 200-Year History of the Study of Childhood Language Disorders of Unknown Origin: Changes in Terminology

2020 ◽  
Vol 5 (1) ◽  
pp. 6-11 ◽  
Author(s):  
Laurence B. Leonard
Keyword(s):  
Language Impairment ◽  
Specific Language Impairment ◽  
Scientific Literature ◽  
Language Disorder ◽  
Language Disorders ◽  
Unknown Origin ◽  
Developmental Language Disorder ◽  
The Past ◽  
History Of ◽  
The Many

Purpose The current “specific language impairment” and “developmental language disorder” discussion might lead to important changes in how we refer to children with language disorders of unknown origin. The field has seen other changes in terminology. This article reviews many of these changes. Method A literature review of previous clinical labels was conducted, and possible reasons for the changes in labels were identified. Results References to children with significant yet unexplained deficits in language ability have been part of the scientific literature since, at least, the early 1800s. Terms have changed from those with a neurological emphasis to those that do not imply a cause for the language disorder. Diagnostic criteria have become more explicit but have become, at certain points, too narrow to represent the wider range of children with language disorders of unknown origin. Conclusions The field was not well served by the many changes in terminology that have transpired in the past. A new label at this point must be accompanied by strong efforts to recruit its adoption by clinical speech-language pathologists and the general public.

Adam Ferguson and the Idea of Civil Society

2019 ◽  
Author(s):  
Craig Smith
Keyword(s):  
Civil Society ◽  
Moral Philosophy ◽  
David Hume ◽  
Adam Smith ◽  
Scottish Enlightenment ◽  
Commercial Society ◽  
University Of Edinburgh ◽  
English Speaking ◽  
English Speaking World ◽  
The University

Adam Ferguson was a Professor of Moral Philosophy at the University of Edinburgh and a leading member of the Scottish Enlightenment. A friend of David Hume and Adam Smith, Ferguson was among the leading exponents of the Scottish Enlightenment’s attempts to develop a science of man and was among the first in the English speaking world to make use of the terms civilization, civil society, and political science. This book challenges many of the prevailing assumptions about Ferguson’s thinking. It explores how Ferguson sought to create a methodology for moral science that combined empirically based social theory with normative moralising with a view to supporting the virtuous education of the British elite. The Ferguson that emerges is far from the stereotyped image of a nostalgic republican sceptical about modernity, and instead is one much closer to the mainstream Scottish Enlightenment’s defence of eighteenth century British commercial society.

Sign in / Sign up

Export Citation Format

Share Document