Kistyakovsky on the nature of law
This article explores the contribution of the Russian philosopher and theorist of law, neo-Kantian Kistyakovsky, to the understanding of the essence of law. He supported methodological pluralism and identified four theoretical and two practical concepts of law. The neo-Kantian motive in Kistyakovsky...
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| Format: | Article |
| Language: | deu |
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Immanuel Kant Baltic Federal University
2014-07-01
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| Series: | Кантовский сборник |
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| Online Access: | https://journals.kantiana.ru/upload/iblock/fb6/Frolova%20Ye._62-68.pdf |
| _version_ | 1819180534404743168 |
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| author | Frolova Ye. |
| author_facet | Frolova Ye. |
| author_sort | Frolova Ye. |
| collection | DOAJ |
| description | This article explores the contribution of the Russian philosopher and theorist of law, neo-Kantian Kistyakovsky, to the understanding of the essence of law. He supported methodological pluralism and identified four theoretical and two practical concepts of law. The neo-Kantian motive in Kistyakovsky's theory manifested itself in the reference to the normative nature of legal rules and law in general and its independence of any external authorities or internal motivations of human behavior. According to Kistyakovsky, the rational element of legal rules is their key characteristic. Not unlike concepts, law is created by reason, without which legal rules cannot be formulated. Legal rules are an expression of the normal (typical) human consciousness and behavior. However, law is also a fact of social life. In effect, law is exercised through legal relations and, therefore, an important role is played by the understanding of subjective law. Legal relations are realized through personal rights and legal responsibilities; they are concrete, singular, and individual. |
| first_indexed | 2024-12-22T22:15:52Z |
| format | Article |
| id | doaj.art-e10843e94a0b4ac18f4c74942c048e0f |
| institution | Directory Open Access Journal |
| issn | 0207-6918 2310-3701 |
| language | deu |
| last_indexed | 2024-12-22T22:15:52Z |
| publishDate | 2014-07-01 |
| publisher | Immanuel Kant Baltic Federal University |
| record_format | Article |
| series | Кантовский сборник |
| spelling | doaj.art-e10843e94a0b4ac18f4c74942c048e0f2022-12-21T18:10:46ZdeuImmanuel Kant Baltic Federal UniversityКантовский сборник0207-69182310-37012014-07-01332626810.5922/0207-6918-2014-2-6Kistyakovsky on the nature of lawFrolova Ye. This article explores the contribution of the Russian philosopher and theorist of law, neo-Kantian Kistyakovsky, to the understanding of the essence of law. He supported methodological pluralism and identified four theoretical and two practical concepts of law. The neo-Kantian motive in Kistyakovsky's theory manifested itself in the reference to the normative nature of legal rules and law in general and its independence of any external authorities or internal motivations of human behavior. According to Kistyakovsky, the rational element of legal rules is their key characteristic. Not unlike concepts, law is created by reason, without which legal rules cannot be formulated. Legal rules are an expression of the normal (typical) human consciousness and behavior. However, law is also a fact of social life. In effect, law is exercised through legal relations and, therefore, an important role is played by the understanding of subjective law. Legal relations are realized through personal rights and legal responsibilities; they are concrete, singular, and individual.https://journals.kantiana.ru/upload/iblock/fb6/Frolova%20Ye._62-68.pdfphilosophy of lawneo-Kantianismlegal ruleslegal responsibilitiespersonal rights |
| spellingShingle | Frolova Ye. Kistyakovsky on the nature of law Кантовский сборник philosophy of law neo-Kantianism legal rules legal responsibilities personal rights |
| title | Kistyakovsky on the nature of law |
| title_full | Kistyakovsky on the nature of law |
| title_fullStr | Kistyakovsky on the nature of law |
| title_full_unstemmed | Kistyakovsky on the nature of law |
| title_short | Kistyakovsky on the nature of law |
| title_sort | kistyakovsky on the nature of law |
| topic | philosophy of law neo-Kantianism legal rules legal responsibilities personal rights |
| url | https://journals.kantiana.ru/upload/iblock/fb6/Frolova%20Ye._62-68.pdf |
| work_keys_str_mv | AT frolovaye kistyakovskyonthenatureoflaw |