The Problem of the Relationship between Public Law and Lawlessness in Social Philosophy of the 18th–21st Centuries

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The article deals with the problem of relationship between public law and lawlessness in social philosophy. We have analyzed classical and modern philosophical concepts, including the theories of Thomas Hobbes, John Locke, Jean-Jacques Rousseau, Karl Marx, Eduard Durkheim, Jean-Jacques Bataille, and Georges Agamben, to reveal the nature of these concepts and their role in social order. Particular attention is paid to identifying the degree of staticity and dynamism of public law, which is relevant for analysis of crisis phenomena in modern society (political unrest, economic inequality, dysfunction of traditional institutions, emergence of new forms of social organization). The study presents the transition from classical representation of the problem of public law and lawlessness relationship in the form of their opposition to a fundamentally new paradigm that assumes their internal coordination and deep interconnection. It also reveals the degree of mutual dependence in the genesis of these concepts. The novelty of the study lies in proving the thesis about the dialectical unity of public law and lawlessness, which refutes their traditional opposition in social philosophy. The original model based on the logic of difference for the first time allows us to interpret the crises of modernity (cryptoeconomics, online communities) as a consequence of this unity's dynamics. The article contributes to the development of social philosophy methods, offering new perspectives for the analysis of modern challenges, such as cryptoeconomics and virtual communities.

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Public law, lawlessness, social contract, digitalization, law, power, state, social order, logic of difference

Короткий адрес: https://sciup.org/148332387

IDR: 148332387   |   УДК: 101.1:316.3   |   DOI: 10.18101/1994-0866-2025-3-28-40