Litvinov A. Novgorodtsev's philosophy of law: understanding of law and state in the context of social ideal.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U004509

Applicant for

Specialization

  • 12.00.12 - Філософія права

24-10-2005

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the doctrine of outstanding lawyer of "Silver Age" of Russian сulture" - Pavel Novgorodtsev. In the first section of the thesis it's considered the Novgorodtsev's historic and philosophic basing of the theory of natural law. It's investigated the genesis and historical conditions of formation and evolution of Novgorodtsev's philosophic and legal conception and also his social ideal in the centre of which is personality as constructive utopia. It's analyzed the meaning of Novgorodtsev's activity as founder of Moscow school "revived the natural law". It's offered the new division into periods of scientist's heritage. In the second section it's examined the role of social ideal in social and legal life. It's shown how the scientist reveals the meaning of legal state as social ideal with well-grounded absolute qualities of moral character and endlessness through the criticism of utopia of stateless system of Marxism and anarchism. It's exposed the range of P.I. Novgorodtsev's ideas, which both are consonant to changes happening in Ukraine today and have found already reflection in working Constitution. First of all it is concerned with juridical basing of social functions of legal state.

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