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 Psychological legal realism of P. V. Delarov

2021 ◽  
pp. 20-34
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
Legal Realism ◽  
Legal Scholar ◽  
Psychological Concept ◽  
Legal Thought ◽  
Legal Science ◽  
Legal Literature ◽  
History Of ◽  
Methodological Principles ◽  
Xix Century ◽  
Scientific Worldview

The subject of this research is the works of the Russian legal scholar of the second half of the XIX century P. V. Delarov, better known to his contemporaries as a collector of antiques. Since the late 1870s he wrote several essays covering the fundamental and applied topics and problems of legal science and practice. His works are poorly studied within the framework of legal disciplines of historical and philosophical-legal profiles, however represent particular interest for the history of establishment of legal thought in Russia. This particular pertains to the author’s reference to the tasks on reforming legal science into psychology of law; renewing the theoretical-methodological principles and characteristics, which allowed the Russian legal scholar to resolve the fundamental contradictions in the area of cognition and interpretation of law, associated with idealistic or realistic arguments. The scientific novelty of this research lies in the following aspects: description and analysis of the legal views of P. V. Delarov, which were not been previously studied in the history of legal thought; substantiation of the conclusions that he formulated the first theoretically mature and developed psychological concept of law within the Russian legal literature; the concept of P. V. Delarov appeared much earlier than the psychological concept of L. I. Petrażycki;. Delarov’s concept in its essence represented a variety of realistic theories that rely on the tendency of “scientification” of jurisprudence within the framework of natural-scientific worldview of the XIX century. This article also presents other generalizations and explanations of P. V. Delarov's legal views, which allow introducing significant clarifications into understanding the processes of the emergence of psychological approaches towards law in the Russian and Foreign legal literature.

scholarly journals The problem of theoretical-methodological “refinement” of jurisprudence

2021 ◽  
pp. 1-9
Author(s):  
Dmitry Aleksandrovich Savenkov
Keyword(s):  
Legal Theory ◽  
Phenomenological Approach ◽  
Contemporary History ◽  
Legal Thought ◽  
Adequate Understanding ◽  
History Of ◽  
Theory Of Law ◽  
Legal Concepts ◽  
Legal Understanding ◽  
Xix Century

The subject of this research is the essential characteristic of the history of legal thought of the last two centuries, which directly pertains to the theoretical-methodological fundamentals of legal theory. In the conditions of the object-disciplinary establishment of legal science as the theory of law since the end of the XVIII century, crucial significance has acquired the orientation towards demarcation of logical-gnoseological and real-psychological aspects of legal understanding. The article analyzes the peculiarities of the corresponding theoretical-methodological opposition, which manifested in the appeals to the construction of “refined” legal concepts that exclude any real arguments of social, historical, political, or psychological nature. By the end of the XIX century, namely in the field of the philosophy of law, has escalated the competition between psychologism and anti-psychologism in law. The novelty of this research lies in determination of the new patterns of theoretical and methodological opposition of psychological and anti-psychological attitudes of legal understanding in the evolution of legal thought in contemporary history. It is demonstrated that the phenomenological approach, which claimed to provide jurisprudence with an authentic scientific methodological apparatus, reduced the problem of legal understanding, however, did not contribute to the adequate understanding of law as a complex gnoseological object. Anti-psychological classification of phenomenology cannot be acknowledged without a profound analysis of the conceptual framework that contributed to the evolution of this approach in the sphere of cognition and interpretation of law.

The ideologist Yu.N. Govorukha-Otrok and the philosopher N.Ya. Grot: polemics of 1890–1891

2021 ◽  
pp. 123-137
Author(s):  
Аleksandr А. Ermichev ◽  
Keyword(s):  
Public Life ◽  
Editorial Policy ◽  
Subsequent Development ◽  
Russian Philosophy ◽  
First Year ◽  
Evaluative Judgments ◽  
Political Preferences ◽  
The World ◽  
History Of ◽  
Xix Century

The article analyzes a little-known episode in the history of Russian philoso­phy – the polemic of the editor of the journal “Questions of Philosophy and Psy­chology” N.Ya. Grot and the outstanding publicist of the conservative newspaper “Moskovskie Vedomosti” Yu.N. Govorukha-a boy who spoke under the pseudo­nym Yu. Nikolaev. The controversy took place in the first year of the magazine’s existence, when the principle and direction of the editorial policy were deter­mined. Yu.N. Govorukha-Otrok, sharing together with N.Ya. Grotto hope that the journal will lead to the formation of Russian national philosophy, insisted on the conscious circulation of the publication to the Slavophile tradition, defining the end goal of philosophical search for the creation of the Orthodox meta­physics meet the needs of aboriginal people's lives. His opponent, N.Ya. Grot, was a typical representative of the liberalism of the 80s of the XIX century, which was undecided in its socio-political preferences. Being a neophyte of meta­physics, the editor of “Questions” proceeded from an understanding of the ratio­nal nature of philosophical knowledge and justified the variety of directions of philosophical searches. He gave the pages of his magazine to the positivist authors from the liberal populist camp, which was completely unacceptable to his opponent. Thus, the circumstances of public life complicated the nature of the polemic on the issues of theoretical content and introduced social-evaluative judgments into it. Talker-Boy considered the polemic as an episode of the world-historical struggle of Christianity with the eudaemonistic idea of progress. The article claims that the subsequent development of Russian philosophy in the early twentieth century confirmed the correctness of the editorial line of the journal.

In regards to the question of Christian philosophy of law (from Russian history of legal thought)

10.12737/2137 ◽  
2013 ◽  
Vol 1 (6) ◽  
pp. 293-298
Author(s):  
Владимир Рутман ◽  
Vladimir Rutman
Keyword(s):  
Russian History ◽  
Philosophy Of Law ◽  
Christian Philosophy ◽  
Legal Thought ◽  
Main Emphasis ◽  
History Of

The article is dedicated to relationships between human morality and religion. Main emphasis is put to the analysis of views of E.V. Spektorsky (1875–1951), a famous Russian lawyer, sociologist and philosopher, who has established a positive value of Christianity to the culture in general, and to development of law and the state in particular.

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.

Leaving Nuremberg: America’s love/hate relationship with international law

2008 ◽  
Vol 34 (3) ◽  
pp. 425-443
Author(s):  
LINDA S. BISHAI
Keyword(s):  
International Law ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Legal Realism ◽  
Legal Thought ◽  
History Of ◽  
Legal Thinking

AbstractThe official US attitude towards the prosecution of crimes against humanity and war crimes changed dramatically from the universality of Nuremberg to the exceptionalism of the Rome Treaty negotiation. This article argues that the history of US legal thinking indicates that both stances are the result of a conceptual battle between legal realism and legal idealism – strains of international legal thought that pose a battle of opposites which is never fully resolved into a coherent approach. Although Nuremberg would seem to illustrate the idealist extreme and the abstention from Rome the realist one, in fact both stances were the culmination of intense negotiation and argumentation between the two strains of thought.

scholarly journals Activity as a dominant of conceptual legal realism

2021 ◽  
pp. 30-44
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
Meaning Making ◽  
Contemporary History ◽  
Conceptual Approach ◽  
Legal Realism ◽  
Legal Thought ◽  
Local Schools ◽  
Key Characteristics ◽  
History Of ◽  
Objective Meaning ◽  
Cognitive Attitudes

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.

History of Philosophy

2021 ◽  
Author(s):  
Viktor Kanke
Keyword(s):  
Middle Ages ◽  
Modern Science ◽  
Religious Studies ◽  
History Of Philosophy ◽  
Soviet Period ◽  
Russian Philosophy ◽  
Modern Times ◽  
Wide Range ◽  
History Of ◽  
Xix Century

The textbook is a sequential course in the history of philosophy. The history of philosophical innovations from antiquity to the present day is considered. The content of the philosophy of Antiquity, the Middle Ages, the Renaissance, Modern times, and the XIX century is presented. Special attention is paid to the main philosophical trends of the twentieth century, as well as Russian philosophy, including the Soviet period. The course is based on the achievements of modern science, as well as analytical philosophy, phenomenology, hermeneutics, poststructuralism and other major philosophical trends of our time. The theory of conceptual transduction is used. It is intended for bachelors studying in the enlarged group of training areas 47.00.00 "Philosophy, Ethics and Religious Studies" and other training areas. It is of considerable interest to a wide range of readers interested in the development of philosophical knowledge.

scholarly journals Genesis, nature, and specificity of application of realistic approach in the history of American legal thought

2021 ◽  
pp. 1-8
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
American Literature ◽  
The United States ◽  
Sociological Study ◽  
Legal Realism ◽  
Legal Thought ◽  
Realistic Approach ◽  
History Of ◽  
The Subject ◽  
Theoretical Conceptualization

The subject of the study is the American legal thought of the period of its establishment and theoretical conceptualization, which was closely related to such characteristic as the realistic approach towards law that stood apart in the sociological and realistic directions. The attempts of interpreting the views of this regional intellectual group of legal experts as the classical version of legal realism are subjected to critical reevaluation. For assessing the specificity and content of the direction of legal thought referred to as “American legal realism”, the author explores the philosophical-methodological grounds of the cognition of law and interpretation of its concepts in the context of the aforementioned trend, separate substantial aspects of the genesis of realistic approach towards legal problematic in the history of American legal thought, as well as specificity of such characteristics of the court function as “judicial legislation” in through the prism of “legal realism”.  The novelty of this research consists in detailed clarification of certain essential aspects of the genesis and evolution of American legal thought. Emphasis is placed on the poorly studied aspects of the criticism of legal realism in American literature. The latter is used rarely or fragmentally in the Russian research dedicated to the application of realistic approach towards law in the United States, including correlations with some European direction of “realistic” jurisprudence. Examination of philosophical-methodological framework of American legal realism allows revealing significant inaccuracies and distortions in classification of this trend as realistic, which in fact is rather of nominalistic nature. Realistic in relation to this trend of American legal thought is applicable only to separate characteristics of the sociological study of justice.

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.

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