Open AccessOrthodox Legal Ideology by I.A. Ilyin
Author(s) -
Anatolyi P. Gerasimenko
Publication year - 2019
Language(s) - English
DOI - 10.22250/2072-8662.2019.2.114-121
Subject(s) - ideology , law , state (computer science) , political science , legal culture , legal realism , monarchy , politics , legal profession , algorithm , computer science
The article presents a critical analysis of the legal ideology of Ivan Aleksandrovich Ilyin (1883–1954) on the material of his works “Our Tasks. Articles of 1948–1954”,“On the Monarchy and the Republic”,“The Way to Evidence”, “The Warming Heart”, etc. The legal ideology shared by this Russian jurist-philosopher is defined as right-wing orthodoxy. It is demonstrated that the legal system acquires the features of a system of legal or ideological types, depending on which secular or religious legal ideology prevails in it. If legislation and legal institutions serve any one secular or religious legal ideology of a radical nature, then the legal system becomes an ideological one. If this does not happen, then the legal system is legal in type. The legal system of an ideological type is formed in a state of a party type, and the legal system of a legal type is formed in a state of a legal type. The legal or party type of state depends on the type of political system of the society – a multi-structured one with a democratic political regime or a mono-structural type with a totalitarian political regime.