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Philosopher of Law N.N. Alekseev about Values in Law

https://doi.org/10.23947/2949-1843-2024-2-1-9-14

EDN: TBFRIE

Abstract

   Introduction. The contribution of the famous Russian philosopher and legal scholar N. N. Alekseev to the doctrine of the values in law is studied based on his monograph “Fundamentals of the Philosophy of Law”. It is emphasised that, even though the interest (especially in recent years) to the theoretical heritage of N. N. Alekseev has increased, the analysis of the methodology of his approach to understanding the legal axiology in combination with the scientific, metaphysical and religious definitions is still required. N. N. Alekseev's philosophy of law plays a significant role in strengthening the legal values in Russia and affirming the legal culture, legitimacy and legal order. The aim of present research is to analyse N. N. Alekseev's philosophical and legal concepts concerning the values in law, to determine the methodology of his approach to understanding the legal axiology in combination with the scientific, metaphysical and religious views and to prove the prognostic importance of his original concept.

   Materials and Methods. The research material comprised the results of the analysis of the theoretical provisions of N. N. Alekseev, more specifically the analysis of the chapter of the book “Fundamentals of the Philosophy of Law” dealing with the problems of legal values. The dialectical method of cognition was the main method used for the research, along with the general scientific methods of analysis, synthesis and the legalistic method. By implementing the historical approach to the evaluation of the materials, the authors adhered to the comprehensiveness and objectivity of the analysis. The authors strived to demonstrate both the holistic logic of N. N. Alekseev’s philosophy of law and his understanding of the legal axiology in combination with the scientific, metaphysical and religious definitions.

   Results. In the present work, the authors have analysed the mindset of the Russian philosopher and legal scholar N. N. Alekseev, whose views concerning the values in law were neglected in the national juridical science during most of the twentieth century. The ethical and legal concepts of N. N. Alekseev and the critical attitudes to this issue presented in the theoretical works of the various scientists have been reflected upon. Special attention has been given to the profound adherence of N. N. Alekseev to the idea of immanent interrelation of the main problems of law with the value aspects. The article defines the prognostic importance of the original concept formulated by the philosopher and legal scholar.

   Discussion and Conclusion. The analysis of the methodology of N. N. Alekseev's philosophical and legal mindset is important for the Russian juridical science. Many of the ideas contained in his works have already had a strong impact and continue to affect the research of the modern philosophers and legal scholars concerning the topic of the legal axiology. The ahead of his time prescient conclusions of N. N. Alekseev about the role of value factors in the future development of the Russian state are of considerable interest in the context of the further development of Russia as a law-governed state.

About the Authors

L. V. Akopov
Don State Technical University
Russian Federation

Leonid V. Akopov, Dr.Sci.(Law), Professor

Criminal Law and Public Law Disciplines Department

344003; 1, Gagarin Sq.; Rostov-on-Don



R. A. Levina
Don State Technical University
Russian Federation

Raisa A. Levina, Lecturer

Criminal Law and Public Law Disciplines Department

344003; 1, Gagarin Sq.; Rostov-on-Don



References

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Review

For citations:


Akopov L.V., Levina R.A. Philosopher of Law N.N. Alekseev about Values in Law. Legal Order and Legal Values. 2024;2(1):9-14. (In Russ.) https://doi.org/10.23947/2949-1843-2024-2-1-9-14. EDN: TBFRIE

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