Geopolitics as a conceptual paradigm of the content and essence of the state and law

Автор: Grachev Nikolay I.

Журнал: Legal Concept @legal-concept

Рубрика: Главная тема номера

Статья в выпуске: 1 т.21, 2022 года.

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Introduction: the dominance of liberal ideologyin modern jurisprudence eliminates the concept ofan exclusive state and legal space. Under the basic postulates of theoretical geopolitics, on the contrary, the formation and development of any viable state organism occur bylinking it to a certain part of the earth’s surface and is determined by its geographical properties. The subject of the paper is the study of the impact of geopolitical factors on the state and legal organization of countries and peoples. Its purpose is to establish the degree of conditionality of the internal legal order of states by the properties of spatial localization of the peoples forming them. Methods: the methodological framework for the research was a set of methods of scientific cognition, among which the dialectical method and the civilizational approach took the main place in the systematic analysis of the main trends in the development of sovereign statehood in historical retrospect and in the modern world. Results: modern jurisprudence and positive law, including international law, are increasinglycorrelated with liberal ideology, claiming the universality of its values and meanings and their spread on a global scale, which leads to an increasing weakening of sovereignty, chaos, and anomie in the internal life of states and international relations. Conclusions: in the current conditions, the law cannot act as a “measure of all things”. It should be exhaustively put at the service of geopolitics, helping the state, claiming real sovereignty, to implement such a strategy for the development of its own and surrounding space, which would allow it to extract the greatest positive results from its geographical structure and achieve natural borders in the further development, thereby adequately defining the place of existence and development of the state-forming people.

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Geopolitics, state, law, international law, localization, sovereignty, state-forming people

Короткий адрес: https://sciup.org/149140026

IDR: 149140026

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