PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS
Background. Philosophy of law is a branch of philosophy that studies the nature of law, especially in its relation to human values, relationships, and practice. The points of views to the nature of law often depend on the philosophical position taken by a particular philosopher or group of philosoph...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Science and Innovation Center Publishing House
2022-10-01
|
| Series: | Sovremennye Issledovaniâ Socialʹnyh Problem |
| Subjects: | |
| Online Access: | http://soc-journal.ru/jour/index.php/mssi/article/view/242 |
| _version_ | 1797978390945333248 |
|---|---|
| author | Alexey K. Erokhin |
| author_facet | Alexey K. Erokhin |
| author_sort | Alexey K. Erokhin |
| collection | DOAJ |
| description | Background. Philosophy of law is a branch of philosophy that studies the nature of law, especially in its relation to human values, relationships, and practice. The points of views to the nature of law often depend on the philosophical position taken by a particular philosopher or group of philosophers. As a result, legal philosophy becomes the object of heated discussions, the main feature of which is reduced to the question of what is due and being, i.e. can and should positivist law replace the traditional values developed by mankind as regulators of behavior and relationships.
Purpose. The purpose of the article is to determine the relationship between the philosophy of law as a “special” or “private” discipline and “general” philosophy. The subject of the study is the philosophical ideas of a rational approach to law as a practice.
Methods. The research method is the analysis of scientific literature and philosophical reflection.
Conclusions. In the philosophy of law the decisive factor is not so much its attitude to general philosophy, but the relationship between the philosophy of law and the law itself.
Results. The effectiveness of the work done lies in the fact that the findings allow us to consider the philosophy of law as a practical philosophy. The results obtained can be used in further practical and theoretical studies of philosophy and theory of law. |
| first_indexed | 2024-04-11T05:22:13Z |
| format | Article |
| id | doaj.art-e0e3b772fc7146f389d649e85d3b66de |
| institution | Directory Open Access Journal |
| issn | 2077-1770 2218-7405 |
| language | English |
| last_indexed | 2024-04-11T05:22:13Z |
| publishDate | 2022-10-01 |
| publisher | Science and Innovation Center Publishing House |
| record_format | Article |
| series | Sovremennye Issledovaniâ Socialʹnyh Problem |
| spelling | doaj.art-e0e3b772fc7146f389d649e85d3b66de2022-12-23T17:02:59ZengScience and Innovation Center Publishing HouseSovremennye Issledovaniâ Socialʹnyh Problem2077-17702218-74052022-10-0114311012110.12731/2077-1770-2022-14-3-110-121242PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALSAlexey K. Erokhin0University of the Prosecutor’s Office of the Russian Federation, Far Eastern Law Institute (branch)Background. Philosophy of law is a branch of philosophy that studies the nature of law, especially in its relation to human values, relationships, and practice. The points of views to the nature of law often depend on the philosophical position taken by a particular philosopher or group of philosophers. As a result, legal philosophy becomes the object of heated discussions, the main feature of which is reduced to the question of what is due and being, i.e. can and should positivist law replace the traditional values developed by mankind as regulators of behavior and relationships. Purpose. The purpose of the article is to determine the relationship between the philosophy of law as a “special” or “private” discipline and “general” philosophy. The subject of the study is the philosophical ideas of a rational approach to law as a practice. Methods. The research method is the analysis of scientific literature and philosophical reflection. Conclusions. In the philosophy of law the decisive factor is not so much its attitude to general philosophy, but the relationship between the philosophy of law and the law itself. Results. The effectiveness of the work done lies in the fact that the findings allow us to consider the philosophy of law as a practical philosophy. The results obtained can be used in further practical and theoretical studies of philosophy and theory of law.http://soc-journal.ru/jour/index.php/mssi/article/view/242philosophy of lawjurisprudencepractical philosophylegal positivismtheory of lawempirical experience |
| spellingShingle | Alexey K. Erokhin PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS Sovremennye Issledovaniâ Socialʹnyh Problem philosophy of law jurisprudence practical philosophy legal positivism theory of law empirical experience |
| title | PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS |
| title_full | PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS |
| title_fullStr | PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS |
| title_full_unstemmed | PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS |
| title_short | PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS |
| title_sort | philosophy of law as a practical expression of social ideals |
| topic | philosophy of law jurisprudence practical philosophy legal positivism theory of law empirical experience |
| url | http://soc-journal.ru/jour/index.php/mssi/article/view/242 |
| work_keys_str_mv | AT alexeykerokhin philosophyoflawasapracticalexpressionofsocialideals |