Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-29-33
Marina V. Baranova
Modern socio-digital environment changes the perception of the boundaries of obtaining and disseminating legal information, entails the threat of its distortion, complicates the control and supervisory function, brings to life specific innovative technical-legal general social means, changes the perception of the typical model of communicative interaction, determines new types of relations. The development of complex legal regulation of these unique aspects, relations, processes, results, the search for effective ways of delicate transformation and preservation of basic legal values is particularly relevant and promising. The value bases of law include utilitarian and non-utilitarian components, as the value of law itself is traditionally considered from the position of instrumental utility and intrinsic value. Law currently retains and should continue to retain the unquestionable authority of the main regulator in society, ensuring the inviolability and fundamental value of freedom, equality, justice, order and security.
{"title":"Value-Based Fundamentals of Law in the Conditions of the Socio-Digital Environment: Dominants, Problems, Prospects","authors":"Marina V. Baranova","doi":"10.18572/1812-3805-2024-1-29-33","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-29-33","url":null,"abstract":"Modern socio-digital environment changes the perception of the boundaries of obtaining and disseminating legal information, entails the threat of its distortion, complicates the control and supervisory function, brings to life specific innovative technical-legal general social means, changes the perception of the typical model of communicative interaction, determines new types of relations. The development of complex legal regulation of these unique aspects, relations, processes, results, the search for effective ways of delicate transformation and preservation of basic legal values is particularly relevant and promising. The value bases of law include utilitarian and non-utilitarian components, as the value of law itself is traditionally considered from the position of instrumental utility and intrinsic value. Law currently retains and should continue to retain the unquestionable authority of the main regulator in society, ensuring the inviolability and fundamental value of freedom, equality, justice, order and security.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"79 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-9-16
Mikhail S. Desyatov
Any research is accompanied by a permanent internal confrontation — the author’s courage in scientific search and caution (and sometimes fear) to show this courage. The desire of a scientist to conduct research on a new science-intensive problem of interest not only to him personally, but also to the scientific community, is often limited by him because of uncertainty about the validity of the novelty and relevance of the issues under consideration, the prospects and sufficient reasonableness of the proposals made, the ability to develop a scientific idea and convey its essence to the scientific community. As a result, the author finds himself in the conditions of choosing bold ideas and decisions, limited by the caution of their adoption and implementation. Moreover, this choice takes place at every stage of scientific research, starting with the choice of a topic and ending with a public speech justifying the results obtained. Reflections on this topic allowed us to formulate a number of conclusions and proposals designed to help both beginners and established scientists in the preparation of scientific articles, monographs, dissertation research. The terms “scientific courage” and “scientific caution” are proposed as conditional guidelines for preserving the traditional values of modern legal science.
{"title":"Benchmarks of Preservation of Traditional Values of the Contemporary Legal Science","authors":"Mikhail S. Desyatov","doi":"10.18572/1812-3805-2024-1-9-16","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-9-16","url":null,"abstract":"Any research is accompanied by a permanent internal confrontation — the author’s courage in scientific search and caution (and sometimes fear) to show this courage. The desire of a scientist to conduct research on a new science-intensive problem of interest not only to him personally, but also to the scientific community, is often limited by him because of uncertainty about the validity of the novelty and relevance of the issues under consideration, the prospects and sufficient reasonableness of the proposals made, the ability to develop a scientific idea and convey its essence to the scientific community. As a result, the author finds himself in the conditions of choosing bold ideas and decisions, limited by the caution of their adoption and implementation. Moreover, this choice takes place at every stage of scientific research, starting with the choice of a topic and ending with a public speech justifying the results obtained. Reflections on this topic allowed us to formulate a number of conclusions and proposals designed to help both beginners and established scientists in the preparation of scientific articles, monographs, dissertation research. The terms “scientific courage” and “scientific caution” are proposed as conditional guidelines for preserving the traditional values of modern legal science.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"22 9-10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-57-62
N. Mikhaylova
The article notes that legal values are formed and developed in the social environment under the influence of historical, spiritual, economic and political factors. Using the example of revolutions that marked the transition from the Middle Ages to the New Age, the process of transformation of legal values is revealed. It is shown, based on the analysis of fundamental normative legal acts, how the evolution of legal values takes place in the conditions of the Great Russian Revolution of 1905–1922 at each stage.
{"title":"The Transformation of Legal Values in the Years of the Great Russian Revolution","authors":"N. Mikhaylova","doi":"10.18572/1812-3805-2024-1-57-62","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-57-62","url":null,"abstract":"The article notes that legal values are formed and developed in the social environment under the influence of historical, spiritual, economic and political factors. Using the example of revolutions that marked the transition from the Middle Ages to the New Age, the process of transformation of legal values is revealed. It is shown, based on the analysis of fundamental normative legal acts, how the evolution of legal values takes place in the conditions of the Great Russian Revolution of 1905–1922 at each stage.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"20 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140494845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-39-43
Marina G. Smirnova
Social claims are the basis of the legal education process, they reflect the vital interests of individuals and social groups that require their legal consolidation. The formation of social claims is influenced by various factors, including culture and the values that form its content. It is the values that determine the motives of the actions of the claimants. Currently, the active actions of the subjects are aimed at institutionalizing at the legislative level the system of traditional values transmitted from generation to generation and creating an effective mechanism for their protection. Since it should be stated that many subjects under the influence of an information resource, there is a complete rejection of moral values, as well as their significant deformation. The transformation of spiritual values is also negatively affected by the use of artificial intelligence and the processes of digitalization in general. There is a threat of loss of such fundamental values as humanism, charity, mutual assistance, a strong family, patriotism, etc. Thus, the creation of a functioning system of traditional spiritual values and an appropriate mechanism for their protection is relevant both for our Russian state and for the preservation of humanity as a whole.
{"title":"Cultural and Value-Based Conditionality of Social Claims","authors":"Marina G. Smirnova","doi":"10.18572/1812-3805-2024-1-39-43","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-39-43","url":null,"abstract":"Social claims are the basis of the legal education process, they reflect the vital interests of individuals and social groups that require their legal consolidation. The formation of social claims is influenced by various factors, including culture and the values that form its content. It is the values that determine the motives of the actions of the claimants. Currently, the active actions of the subjects are aimed at institutionalizing at the legislative level the system of traditional values transmitted from generation to generation and creating an effective mechanism for their protection. Since it should be stated that many subjects under the influence of an information resource, there is a complete rejection of moral values, as well as their significant deformation. The transformation of spiritual values is also negatively affected by the use of artificial intelligence and the processes of digitalization in general. There is a threat of loss of such fundamental values as humanism, charity, mutual assistance, a strong family, patriotism, etc. Thus, the creation of a functioning system of traditional spiritual values and an appropriate mechanism for their protection is relevant both for our Russian state and for the preservation of humanity as a whole.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"36 1-2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496300","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-2-8
Aleksey I. Klimenko
The work proclaims and defends the dialectical-materialistic understanding of the category of “legal value”. This approach is characteristic of the socio-axiological approach to law, where law is considered as a system of values and a discursive-conventional theory of law based on it, where, in turn, law appears as a conventional phenomenon developed in the process of legal discourse, which is a discursive form of class struggle in modern society. The work uses dialectical (dialectical-materialistic method), formal-logical and systemic methods. A socio-axiological approach to law is used. The materialistic understanding of values is an important factor in scientific axiology, freed from the fetters of “ideology”. The formal legal approach to the definition of legal values is excluded, where legal values are understood as values expressed in legal texts (mainly in legal sources), and an arbitrarily idealistic approach to legal values. The dialectical understanding of values presupposes an understanding of legal values through two points: the formation of values from contradictions within the framework of right-wing discourse and the relationship (structure) of values in law (and these two points — a kind of state also express the contradiction between dynamics and statics).
{"title":"The Dialectical and Materialistic Understanding of Legal Values within the Framework of the Socio-Axiological Approach to Law and the Conventional Discourse Legal Theory","authors":"Aleksey I. Klimenko","doi":"10.18572/1812-3805-2024-1-2-8","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-2-8","url":null,"abstract":"The work proclaims and defends the dialectical-materialistic understanding of the category of “legal value”. This approach is characteristic of the socio-axiological approach to law, where law is considered as a system of values and a discursive-conventional theory of law based on it, where, in turn, law appears as a conventional phenomenon developed in the process of legal discourse, which is a discursive form of class struggle in modern society. The work uses dialectical (dialectical-materialistic method), formal-logical and systemic methods. A socio-axiological approach to law is used. The materialistic understanding of values is an important factor in scientific axiology, freed from the fetters of “ideology”. The formal legal approach to the definition of legal values is excluded, where legal values are understood as values expressed in legal texts (mainly in legal sources), and an arbitrarily idealistic approach to legal values. The dialectical understanding of values presupposes an understanding of legal values through two points: the formation of values from contradictions within the framework of right-wing discourse and the relationship (structure) of values in law (and these two points — a kind of state also express the contradiction between dynamics and statics).","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140495065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-44-49
Pavel N. Astapenko
Artificial intelligence (AI) is a technogenic form of life created by man, possessing elements of subjectivity. The subjectivity being formed is autonomous relative to a human being. The source of AI development is data automatically read from billions of inhabitants, regardless of their will and desire. There is a latent impact of AI on the foundations of the social order, including the value concepts of society as a whole and of an individual subject (legal narratives). AI is unconstitutional and poses a real threat to the foundations of the social order of the Russian Federation, especially in terms of preservation and development of traditional values.
{"title":"Artificial Intelligence and Values of the Society: The Impact and Formulation of Legal Narratives","authors":"Pavel N. Astapenko","doi":"10.18572/1812-3805-2024-1-44-49","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-44-49","url":null,"abstract":"Artificial intelligence (AI) is a technogenic form of life created by man, possessing elements of subjectivity. The subjectivity being formed is autonomous relative to a human being. The source of AI development is data automatically read from billions of inhabitants, regardless of their will and desire. There is a latent impact of AI on the foundations of the social order, including the value concepts of society as a whole and of an individual subject (legal narratives). AI is unconstitutional and poses a real threat to the foundations of the social order of the Russian Federation, especially in terms of preservation and development of traditional values.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"34 3-4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-34-38
Vladislav V. Denisenko
The article is devoted to the question of the value foundations of law in the context of the concept of legitimation of law. The analysis of various approaches to the essence and classification of legitimation of law in the conditions of modernization of the legal system is carried out. The problems of organic and mechanical solidarity in various legal systems are revealed. The author’s approach to understanding the legitimization of law and values in the system of legal regulation is substantiated.
{"title":"Value grounds of law: legitimization in society","authors":"Vladislav V. Denisenko","doi":"10.18572/1812-3805-2024-1-34-38","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-34-38","url":null,"abstract":"The article is devoted to the question of the value foundations of law in the context of the concept of legitimation of law. The analysis of various approaches to the essence and classification of legitimation of law in the conditions of modernization of the legal system is carried out. The problems of organic and mechanical solidarity in various legal systems are revealed. The author’s approach to understanding the legitimization of law and values in the system of legal regulation is substantiated.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"15 7-8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-17-22
Tatyana M. Lopatina
The intensive development of digital artificial intelligence technologies has revealed the problem of insufficient regulatory legal regulation of the foundations and conditions of their functioning, as well as integration into related branches of law. This article is devoted to the study of the axiological aspect of law in the conditions of digital reality and ensuring the rights and legitimate interests of individual citizens using the latest technologies, including artificial intelligence. It is concluded that it is necessary to revise the substantive foundations of the system of legal values, depending on their assessment and implication in the digital society, while maintaining a focus on respect for law as a universal social value.
{"title":"The Axiological Aspect of Law in the Digital Reality Conditions","authors":"Tatyana M. Lopatina","doi":"10.18572/1812-3805-2024-1-17-22","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-17-22","url":null,"abstract":"The intensive development of digital artificial intelligence technologies has revealed the problem of insufficient regulatory legal regulation of the foundations and conditions of their functioning, as well as integration into related branches of law. This article is devoted to the study of the axiological aspect of law in the conditions of digital reality and ensuring the rights and legitimate interests of individual citizens using the latest technologies, including artificial intelligence. It is concluded that it is necessary to revise the substantive foundations of the system of legal values, depending on their assessment and implication in the digital society, while maintaining a focus on respect for law as a universal social value.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"40 9-10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-50-56
T. E. Gryaznova
The overcoming of the utilitarian approach of law in the Russian Empire took place in the second half of the XIX century in the process of a widespread controversy over the most adequate comprehension of it. The value of law is determined by Russian lawyers (with the exception of P.I. Novgorodtsev, who considers law as an internal absolute value of a person), based on its social purpose, the functions that it performs in relation to society, the individual, and the state. Interpreting law as the most important cultural benefit and a factor of progress, the authors see its importance in the organization of public life, protective and regulatory impact on public relations, in ensuring legal and social justice, in educating the population, forming the legal consciousness of individuals, protecting the rights, freedoms and legitimate interests of citizens. The principle of the supremacy of law is postulated by the authors as the highest value of modern humanity.
{"title":"Law as a Value: The View of Russian Lawyers of the Late 19th to the Early 20th Century","authors":"T. E. Gryaznova","doi":"10.18572/1812-3805-2024-1-50-56","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-50-56","url":null,"abstract":"The overcoming of the utilitarian approach of law in the Russian Empire took place in the second half of the XIX century in the process of a widespread controversy over the most adequate comprehension of it. The value of law is determined by Russian lawyers (with the exception of P.I. Novgorodtsev, who considers law as an internal absolute value of a person), based on its social purpose, the functions that it performs in relation to society, the individual, and the state. Interpreting law as the most important cultural benefit and a factor of progress, the authors see its importance in the organization of public life, protective and regulatory impact on public relations, in ensuring legal and social justice, in educating the population, forming the legal consciousness of individuals, protecting the rights, freedoms and legitimate interests of citizens. The principle of the supremacy of law is postulated by the authors as the highest value of modern humanity.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"67 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140494980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/1812-3805-2024-1-63-68
Mikhail M. Kazakov
The purpose of the article is to find out how religious values influenced the legal consciousness in different historical epochs and what role they play in the legal consciousness of modern people. Historical examples show that from ancient times until modern times, the sense of justice was closely connected with religion. The separation of religious values from law took place during the bourgeois revolutions and in connection with the liberation from colonial dependence. The secularization of the state and law was accompanied by the development of a positivist legal concept, the main value of which was proclaimed to be the state, and law was interpreted as a creation of power. Along with the process of «cleansing» the law from its religious shell, there was an identification and justification of values that began to be called universal. In the modern world, while maintaining the differentiation of religious and secular values, the assessment of the former as predominantly spiritual, and the latter as predominantly material, remains unchanged. The presence of a material and spiritual principle in a person has always made it necessary to correlate legal consciousness with an orientation to the temporal, earthly or eternal, heavenly.
{"title":"The Correlation between Legal Consciousness and Religious Values in History and Present Times","authors":"Mikhail M. Kazakov","doi":"10.18572/1812-3805-2024-1-63-68","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-63-68","url":null,"abstract":"The purpose of the article is to find out how religious values influenced the legal consciousness in different historical epochs and what role they play in the legal consciousness of modern people. Historical examples show that from ancient times until modern times, the sense of justice was closely connected with religion. The separation of religious values from law took place during the bourgeois revolutions and in connection with the liberation from colonial dependence. The secularization of the state and law was accompanied by the development of a positivist legal concept, the main value of which was proclaimed to be the state, and law was interpreted as a creation of power. Along with the process of «cleansing» the law from its religious shell, there was an identification and justification of values that began to be called universal. In the modern world, while maintaining the differentiation of religious and secular values, the assessment of the former as predominantly spiritual, and the latter as predominantly material, remains unchanged. The presence of a material and spiritual principle in a person has always made it necessary to correlate legal consciousness with an orientation to the temporal, earthly or eternal, heavenly.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"72 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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