Frolova Ye. The theoretical and methodological issues of the revival of natural law
This article considers the understanding of natural law from the perspective of neo-Kantian legal philosophy of the late 19th/early 20th century and the problem of correlation between changing rules of law and the unchanged form of moral prescriptions.The author focuses on the development of Kantian...
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| Format: | Article |
| Language: | deu |
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Immanuel Kant Baltic Federal University
2015-04-01
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| Series: | Кантовский сборник |
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| Online Access: | https://journals.kantiana.ru/upload/iblock/1e8/Yelizaveta%20Frolova,%2072-83.pdf |
| _version_ | 1818116620796559360 |
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| author | Novgorodtsev P. |
| author_facet | Novgorodtsev P. |
| author_sort | Novgorodtsev P. |
| collection | DOAJ |
| description | This article considers the understanding of natural law from the perspective of neo-Kantian legal philosophy of the late 19th/early 20th century and the problem of correlation between changing rules of law and the unchanged form of moral prescriptions.The author focuses on the development of Kantian approach in solving the problem of moral philosophy. The essence of morals is revealed not in the creation of ideal projects but rather in the need for action: the moral law must be implemented in the outside world. The theory of standards and ethics evaluates moral foundations as an internal absolute value. However, a definition of morals is meaningful only as an individual experience of a person, social requirements become moral only through a self-determined person. Being critical and formal, the moral principle does not eliminate the possibility of a combination with certain temporary goals. The formulas of a categorical imperative are aimed at an individual but their requirements are based on such objective repre-sentations as law and state.This article shows that, according to Novgorodtsev, the moral critique of law rests on under-standing that law is created with the participation of human will, i. e. moral judgement is possible only regarding a human action. Law can be assessed from the perspectives of purposiveness and morals. It is stressed that the Russian philosopher of law interpreted law not only as a product of human will but also as a phenomenon of the moral world. Natural law suggests a belief that law is not only a means to achieve certain practical goals but also an instrument of satisfying the highest moral requirements. |
| first_indexed | 2024-12-11T04:25:25Z |
| format | Article |
| id | doaj.art-2b010d39bc3b4a04be29f215d06c4d6f |
| institution | Directory Open Access Journal |
| issn | 0207-6918 2310-3701 |
| language | deu |
| last_indexed | 2024-12-11T04:25:25Z |
| publishDate | 2015-04-01 |
| publisher | Immanuel Kant Baltic Federal University |
| record_format | Article |
| series | Кантовский сборник |
| spelling | doaj.art-2b010d39bc3b4a04be29f215d06c4d6f2022-12-22T01:21:00ZdeuImmanuel Kant Baltic Federal UniversityКантовский сборник0207-69182310-37012015-04-01341728310.5922/0207-6918-2015-1-6Frolova Ye. The theoretical and methodological issues of the revival of natural lawNovgorodtsev P. This article considers the understanding of natural law from the perspective of neo-Kantian legal philosophy of the late 19th/early 20th century and the problem of correlation between changing rules of law and the unchanged form of moral prescriptions.The author focuses on the development of Kantian approach in solving the problem of moral philosophy. The essence of morals is revealed not in the creation of ideal projects but rather in the need for action: the moral law must be implemented in the outside world. The theory of standards and ethics evaluates moral foundations as an internal absolute value. However, a definition of morals is meaningful only as an individual experience of a person, social requirements become moral only through a self-determined person. Being critical and formal, the moral principle does not eliminate the possibility of a combination with certain temporary goals. The formulas of a categorical imperative are aimed at an individual but their requirements are based on such objective repre-sentations as law and state.This article shows that, according to Novgorodtsev, the moral critique of law rests on under-standing that law is created with the participation of human will, i. e. moral judgement is possible only regarding a human action. Law can be assessed from the perspectives of purposiveness and morals. It is stressed that the Russian philosopher of law interpreted law not only as a product of human will but also as a phenomenon of the moral world. Natural law suggests a belief that law is not only a means to achieve certain practical goals but also an instrument of satisfying the highest moral requirements.https://journals.kantiana.ru/upload/iblock/1e8/Yelizaveta%20Frolova,%2072-83.pdfrevival of natural lawphilosophy of lawKantianismmoralityR. StammlerP. Novgorodtsev |
| spellingShingle | Novgorodtsev P. Frolova Ye. The theoretical and methodological issues of the revival of natural law Кантовский сборник revival of natural law philosophy of law Kantianism morality R. Stammler P. Novgorodtsev |
| title | Frolova Ye. The theoretical and methodological issues of the revival of natural law |
| title_full | Frolova Ye. The theoretical and methodological issues of the revival of natural law |
| title_fullStr | Frolova Ye. The theoretical and methodological issues of the revival of natural law |
| title_full_unstemmed | Frolova Ye. The theoretical and methodological issues of the revival of natural law |
| title_short | Frolova Ye. The theoretical and methodological issues of the revival of natural law |
| title_sort | frolova ye the theoretical and methodological issues of the revival of natural law |
| topic | revival of natural law philosophy of law Kantianism morality R. Stammler P. Novgorodtsev |
| url | https://journals.kantiana.ru/upload/iblock/1e8/Yelizaveta%20Frolova,%2072-83.pdf |
| work_keys_str_mv | AT novgorodtsevp frolovayethetheoreticalandmethodologicalissuesoftherevivalofnaturallaw |