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Dialectics of Archaic and Modern in the Axiology of Modern Law

https://doi.org/10.22394/2686-7834-2024-2-48-54

EDN: MJXVOQ

Abstract

The characteristics, structures and hierarchies of the value world are considered. The ways of cognition of value and its ontological status are identified. The nature and specificity of value judgments is given. The study examines the problem of theoretical and conceptual positions, principles and methods of law and their axiological significance; the issues of modern social economics and legal nature are analyzed; the axiological significance of the principles of civil law in modern conditions is determined. Theoretical and practical aspects of the axiology of the principles of modern law are established and disclosed; it was concluded that the axiological significance of the principles of law is constant and stable and does not depend on historical or socio-economic conditions; it has been confirmed that legal axiology as a research type of legal philosophy is capable of elevating value transformations in the system of legal reality to the level of self-reflection of law as a form of social consciousness.

About the Author

F. P. Furman
North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
Russian Federation

Felix P. Furman, Professor of the Department of Social Sciences, Doctor of Science (Philosophy)

Saint Petersburg



References

1. Antonov, M. V. (2016). Creative character of Interpretation and application of the law. Proceedings of the Institute of State and Law of the Russian Academy of Sciences. No 4, pp. 74–86. (In Russ.)

2. Ismagilov, R. R. (2006) Legal nihilism: ideological foundations and ways to overcome: thesis for a Candidate Degree in Philosophy Sciences. Ufa. 174 p. (In Russ.)

3. Karnaushenko, L. V. (2019). Modern axiology of law as a theoretical problem. Philosophy of Law. No 3 (90), pp. 33–37. (In Russ.)

4. Lobanovskaya, E. A. (2006) Statehood and the state in the legal doctrine of I. A. Ilyin: thesis for a Candidate Degree in Law Sciences. Saint Petersburg. 147 p. (In Russ.)

5. Malachov, V. P. (2008) Philosophy of law. Ideas and assumptions. Moskow. 392 p. (In Russ.)

6. Musatov, F. V. (2016) The state as a subject of law: thesis for a Candidate Degree in Law Sciences. Ekaterinburg. 36 p. (In Russ.)

7. Nam, K. V. (2020). Good faith principle as a legal principle. Herald of Economic Justice, No 2, pp. 88–103. (In Russ.)

8. Prokopovich, G. A. (2010) Judicial law-making in the modern understanding: realities and perspectives: thesis for a Doctor’s of Law degree. Saint Petersburg. 898 p. (In Russ.)

9. Sazonova, T. B. (1998) Law and legal consciousness in the teachings of I. A. Ilyin: thesis for a Candidate Degree in Law Sciences. Blagoveshchensk. 143 p. (In Russ.)

10. Semyakin, M. N. (2021). The principles of property law in the context of reforming russian civil legislation. Russian Juridical Journal, No 4 (139), pp. 118–130. (In Russ.)

11. Chestnov, I. L. (2016). An Anthropological Program of Enforcement. Proceedings of the Institute of State and Law of the Russian Academy of Sciences, No 4, pp. 87–101. (In Russ.)


Review

For citations:


Furman F.P. Dialectics of Archaic and Modern in the Axiology of Modern Law. Theoretical and Applied Law. 2024;(2):48-54. (In Russ.) https://doi.org/10.22394/2686-7834-2024-2-48-54. EDN: MJXVOQ

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