Eurasian philosophy of law N.N. Alekseeva: teaching about values

Volume 6, Number 3, 2021, P. 267–277

[ JURIDICAL SCIENCES ]

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Abstract:

The philosophy of law has firmly entered the range of scientific interests of both domestic jurisprudence and philosophy. Its integral element is the doctrine of values, or the axiology of law. It must be said that the value philosophy of law has been present in Russian political and legal thought for a long time. At the same time, a significant contribution to the development of legal values and values in law was made by the Eurasian jurist N.N. Alekseev. He not only defines the philosophy of law as a doctrine of values, but when considering the structure of law, each of the elements of this structure considers through the prism of values. The value dimension can also be traced in the works on the theory of law by N.N. Alekseev, in his work, revealing the Eurasian doctrine of property, and in his work, where the thinker analyzes the possibilities of transforming the Soviet system into a «state of truth.» Thus, the article is devoted to the axiology of law of N.N. Alekseeva. The key method is the method of working with primary sources, the method of their detailed analysis, since in the study of the history of political and legal doctrines, accurate transmission of thought is very important. Also, the author of the article relies on a comparative analysis, political and legal ideas of N.N. Alekseev are constantly compared both with the thoughts of contemporary thinkers and with new works on the philosophy of law. The philosophical method of reflection is actively used, each thought of N.N. Alekseeva is comprehended and commented on. As a result of the study, the author comes to the conclusion that the philosophy of law of N.N. Alekseeva has a pronounced axiological character, and the beginnings of phenomenology, structuralism, neo-Kantianism and even the Eurasian worldview play the role of a methodology for the ascent to legal values and ideals.

Keywords:

Eurasianism, N.N. Alekseev, philosophy of law, axiology of law, natural law, legal values, value of law

Author:

Egor A. Kulikov, Cand. Sci. (Juridical Sciences), Associate Professor of Criminal Law and Criminology Department, and about head of the department, Altai State University, Barnaul, Russia

Acknowledgments:

The article was implemented with the financial support of RF President Grant Fund for young Russian scientists – candidates of sciences, Project № MK-483.2020.6 «The Eurasian alternative to the state and legal development of Russia: genesis, content, modern interpretation».

For citation:

Kulikov E.A. (2021) Eurasian philosophy of law by N.N. Alekseev: teaching about values. Sotsial’naya kompetentnost’ = Social Competence. Vol. 6. No. 3. P. 267–277. (In Russ.)

References

  1. Alekseev N.N. (2003) On the Paths to the Future of Russia (Soviet System and Its Political Possibilities). Russkii narod i gosudarstvo = Russian people and state. Moscow: Agraf. (In Russ.)
  2. Alekseev N.N. (1919) General doctrine of law: A course of lectures given at the Taurida University in 1918/19. Simferopol’: Tipografiya E.K. Breshko-Breshkovskoi. (In Russ.)
  3. Alekseev N.N. (1999) Foundations of the philosophy of law. St. Petersburg: Lan’. (In Russ.)
  4. Alekseev N.N. (2003) Property and socialism. Experience in substantiating the socio-economic program of Eurasianism. Russkii narod i gosudarstvo = Russian people and state. Agraf. (In Russ.)
  5. Alekseev S.S. (2010) Collected Works. In 10 Vol. Volume 6: Ascent to the Right. Moscow: Statut. (In Russ.)
  6. Alekseev S.S. (1971) The social value of law in Soviet society. Moscow: Yuridicheskaya literatura. (In Russ.)
  7. Berdyaev N.A. (2010) About the appointment of a person. Moscow: AST: Astrel’: Poligrafizdat. (In Russ.)
  8. (2001) Bible. Books of the Holy Scriptures of the Old and New Testaments. Moscow: Rossiyskoye bibleyskoye obshchestvo. (In Russ.)
  9. Borshch I.V. (2015) Nikolay Alekseev as a philosopher of law. Moscow: Yurlitinform. (In Russ.)
  10. Vasil’ev A.A., Kulikov E.A. (2013) Methodological aspects of the study of the genesis of the category of measure in the history of Russian state-legal thought. Istoriya gosudarstva i prava = History of state and law. No. 6. (In Russ.)
  11. Gegel’ G.V.F. (1990) Philosophy of Law. Moscow: Mysl’. (In Russ.)
  12. Danil’yan O.G. (2006) Philosophy of Law. Moscow: Eksmo. (In Russ.)
  13. Zhukov V.N. (2013) Philosophy and Sociology of Law: Experience of a Pluralistic Approach. Moscow: Yurlitinform. (In Russ.)
  14. Il’in I.A. (2006) General doctrine of law and state. Moscow: Khranitel’. (In Russ.)
  15. Il’in I.A. (2003) Theory of law and state. Moscow: Zertsalo. (In Russ.)
  16. Kozhevnikov V.V. (2016) Filosofiya prava kak nauka. Moscow: Yurlitinform. (In Russ.)
  17. Kulikov E.A., Sukhanova E.P. (2018) The problem of the relationship between secular and spiritual power in the works of N.N. Alekseeva. Vestnik Tomskogo gosudarstvennogo universiteta. Pravo = Tomsk state university journal. Law. No. 28. (In Russ.)
  18. Nasyrov R.V. (2011) Man as an intrinsic value: on the wording of Article 2 of the Constitution of the Russian Federation of 1993. Moscow: Yurlitinform. (In Russ.)
  19. Nersesyants V.S. (2000) Political and legal values: history and modernity. Moscow: Editoral URSS. (In Russ.)
  20. Sinyukov V.N. (2014) Russian legal system. Introduction to general theory. Moscow: Norma. (In Russ.)