Just Law Theories Developed by Prominent Representatives of Russian Doctrinal Legal Research in the 19th C Cover Image

Учения о правовых законах в трудах представителей российской доктринально-правовой мысли XIX века
Just Law Theories Developed by Prominent Representatives of Russian Doctrinal Legal Research in the 19th C

Author(s): A. R. Gilmullin
Subject(s): Law, Constitution, Jurisprudence, History of Law, Philosophy of Law, 19th Century, Philosophy of Law, Sociology of Law
Published by: Казанский (Приволжский) федеральный университет
Keywords: legal understanding; just law; legal doctrine; natural law; positive law; the imperative of preserving human nature;

Summary/Abstract: This article theoretically examines some contradictions and major milestones in the development of the doctrines of just laws as laid out by prominent Russian scholars during the 19th century. It analyzes the problems surrounding different theoretical approaches and conceptions regarding the connection between justice and law through the works of M.M. Speransky, N.M. Karamzin, P.I. Pestel, N.M. Muravyov, K.A. Nevolin, B.N. Chicherin, V.S. Solovyov, and S.A. Muromtsev. The results obtained show that the period under study was marked by the elaboration of a conceptual framework and basic criteria of positive law from the perspectives of liberal (natural law) and ethical beliefs, which align with spiritual (Christian) principles. This strengthened the humanistic and moral foundations of Russian legal understanding. Additionally, a continuing and stable connection is revealed between the philosophical and legal doctrines of the 18th and 19th centuries, indicating the common (abstract, not fully comprehended) motivational grounds and logic in the establishment of legal freedoms.

  • Issue Year: 166/2024
  • Issue No: 3
  • Page Range: 7-17
  • Page Count: 11
  • Language: Russian
Toggle Accessibility Mode