Values and interests in the legal theories of pre-revolutionary Russia, their perception by contemporary legal doctrine and practice law construction

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Introduction: the article attempts theoretical and legal and historical analysis of the place and role of the categories of "legal values" and "legal interests" in the legal reality of Russia in the XIX and early XX centuries. The authors reflect the research perspectives of legal values and interests, their place in Russian legal doctrine. The questions of continuity of heritage of political-legal, philosophical-legal thought of XIX - beginning of XX centuries by modern domestic legal doctrine and practice of legal construction are investigated. Materials and methods: The methodological basis of the study is the dialectical method of cognition, as well as the comparative-historical method, which allowed to identify the regularities of the development of the categories of values and interests in the field of law. In addition, in the process of research the author used methods of comparative legal analysis, description and generalisation. The results of the study: made it possible to determine that the named legal categories in their modern terminological interpretation entered the domestic scientific circulation relatively recently. But the phenomena they designate originally existed in legal reality. Therefore, scientists (philosophers of law, sociologists of law, legal theorists) of the period under study did not always use the corresponding terms in their works, but actively investigated the phenomena themselves, which are currently designated by them. Findings and Conclusions: analysis of the notions of values and interests in their legal meaning given by the scientists of the considered period. The comparative assessment of the studied catee gories in XIX - early XX centuries and at present is given.

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History of legal doctrines, philosophy of law, theory of law, legal values, legal interests

Короткий адрес: https://sciup.org/143179622

IDR: 143179622   |   DOI: 10.55001/2312-3184.2022.20.89.001

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