Prokopov D. The theory of natural law in a legal thought of the Russian Empire (middle XIX - beginning of the XX century)

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0512U000563

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

18-06-2012

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

3. The work is dedicated to the research of legal theories of representatives of national and Russian legal thought mid-nineteenth - early twentieth century, which study natural law. The author analyzes an impact of the natural law ideas and theories on the development of legal science, determines its theoretical and methodological potential for solving fundamental scientific and practical problems of law. The dissertation studies basic determinants of the natural law theory in the Russian Empire, the means of its justification and specificity in compare with the classical Western tradition of natural law. It systematizes the main lines of criticism of the natural law theory from the standpoint of legal positivism, sociological and historical schools of law, determines the specific understanding of the theory of natural rights by the representatives of liberal and conservative legal thought of the late XIX - early XX century, shows common and different features in the interpretation of the idea of natural law. The author defines and describes the main trends in the natural law theory in the nineteenth century, which were: the reception of natural law theory in jurisprudence of the nineteenth century in the light of solving complex state and legal problems in order to develop theories, that develop the general philosophical and theoretical basis to justify the concept of natural law. The dissertation presents the content of the basic issues of disputes between the supporters and opponents of the "revival" of natural law theory in the late nineteenth and early twentieth century. The theory of natural law is seen as an essential constituent element of the legal understanding of human, society and state development processes in a legal thought of the Russian Empire the middle of the nineteenth - early twentieth century. The author reveals the main trends and results of the impact of natural law theory on the research in the theory of human rights, state of law and constitutionalism, argues the role of natural law theory in the formation of legal consciousness, defined its place in the legal culture of the studied period. The dissertation presents a theoretical model of coherent reconstruction of the legal views of the Russian Empire law scientists on the origin of law problem and the problem of state and law relationship on the basis of determining their attitude to the theory of natural law.

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