Pugachev: criminal or hero? To the question of the relationship between positive and natural law

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The theoretical understanding of law as a fundamental social regulator often leads to paradoxical conclusions. This is evident, in particular, in the study of the relationship between positive and natural law, the development of which at certain historical stages is associated with ideological conflicts in explaining the same events. In the article, the clash of views of positive and natural law is considered using the example of the Pugachev rebellion, which took place in the Russian Empire during the reign of Catherine II. It is noted, in particular, that according to the norms of positive (state) law, Pugachev and his associates were declared state criminals and subjected to severe criminal punishments (Pugachev himself, as is known, was sentenced to death, carried out in the most cruel manner). However, later, already on the wave of the emerging and actively disseminated theory of natural law, Pugachev's rebellion was recognized as a legitimate popular movement aimed at protecting those rights that are given to man by nature, and above all the right to freedom, which was limited by positive law (the same serfdom). And already in the Soviet state, Pugachev was transformed from a criminal into a national hero, hundreds of streets and even a city in the Saratov region were named after him. In post-Soviet Russia, the clash of positive and natural law does not find an unambiguous assessment.

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Theory of natural law, positive law, conflict, pugachev, rebellion, power, law, state

Короткий адрес: https://sciup.org/170206390

IDR: 170206390   |   DOI: 10.24412/2500-1000-2024-8-3-6-11

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