
State (juridical) school and its contribution to the interpretation of the concepts of “law” and “human rights”
Author(s) -
Туманова Анастасия Сергеевна,
Сафонов Александр Александрович
Publication year - 2020
Publication title -
trudy instituta gosudarstva i prava rossijskoj akademii nauk
Language(s) - English
Resource type - Journals
ISSN - 2073-4522
DOI - 10.35427/2073-4522-2020-15-3-tumanova-safonov
Subject(s) - law , jurisprudence , appeal , philosophy of law , sociology , state (computer science) , political science , human rights , subject (documents) , comparative law , algorithm , library science , computer science
The authors of this paper focus on the philosophical and legal viewsof representatives of the state (juridical) school, one of the most authoritative scientific areas of Russian philosophical and legal thought of the 19th century. The authors will dwell on the theoretical and philosophical characteristics of the conceptsof "law", "state", "civil society" and "individual rights", based on an analysis of the worksof K.D. Kavelin, B.N. Chicherin, A.D. Gradovsky, as well as their followers, representatives of sociological jurisprudence S.A. Muromtsev and N.M. Korkunov. The contribution of these scientists to the development of the philosophy of law in Russia will beevaluated. The attitude of scholars of the Juridical School to law and the derivatives of this concept of human rights did not become the subject of independent research, andthe authors plan to fill the gap in the historiography of the issue. The article will showhow the interest of thinkers to law as a way of regulating social relations and the system of legal norms was transformed into a fascination with a more private and specific problem of individual rights. The authors analyze the philosophical and historical context of the appeal of representatives of the Juridical School and their followersof the sociologists of law to the rights of the individual, examine the catalog of lawthey created, as well as ideas about how to ensure and protect them. It will also beexplained how the problem of ways to build a legal and constitutional state in Russiawas interpreted within the framework of the law school