Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
583 2 |
Ultima descărcare din IBN: 2023-03-13 16:21 |
Căutarea după subiecte similare conform CZU |
340.12 (285) |
Tipuri și forme ale dreptului (794) |
SM ISO690:2012 KOCHETKOV, Vladimir. Nature of law and modern constitutionalism in the context of the controversy of Boris Chicherin and Vladimir Solovyov. In: Revista de Filosofie, Sociologie şi Ştiinţe Politice, 2018, nr. 3(178), pp. 114-125. ISSN 1957-2294. |
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Revista de Filosofie, Sociologie şi Ştiinţe Politice | ||||||
Numărul 3(178) / 2018 / ISSN 1957-2294 | ||||||
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CZU: 340.12 | ||||||
Pag. 114-125 | ||||||
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The content of the legislation and enforcement in the modern state depends on how we understand the nature of law. The article discusses the controversy of Boris Chicherin and Vladimir Solovyov which took place in the second half of the XIX century. The former was a classic liberal who had connected the essence of law solely with the value of freedom, yet the latter was of an opinion that law was the bare minimum of justice. In this regard, it is important to understand Chicherin`s differences of moral norms and the law. He believed that the legal norms define the outer bounds of freedom, while the moral norms define the internal requirements of moral duty. In principle, Solovyov was agreeing that the idea of freedom and rights generated by commodity-money relations, that is, in the sphere of private law. But extreme poverty and other adverse social circumstances can easily create insurmountable obstacles to the realization of human capabilities. Therefore, these obstacles should be eliminated by ensuring that each person not only formal freedom, but also the necessary assistance in the implementation of decent human destiny. Examining their views, the author shows that the arguments of these scholars are widespread among modern Russian jurists and philosophers. In order to remove this opposition of freedom and justice the author offers an axiological understanding of constitutionalism as a theoretical form of legal consciousness that connects these values into a creative synthesis |
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Cuvinte-cheie constituționalism, Vladimir Solovyov, legal consciousness, freedom, justice, law., Boris Chicherin |
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