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2-2(86) 2015
E.A. Shchipachev
A.S. Homyakov’s Views on the Meaning of Concept of Law in Value System
The article reveals the views of the Russian Slavophil philosopher of the XIX century Alexey Stepanovich Homyakov on such universal category as law. The objective of the study is a completion of knowledge in the field of Slavophil philosophy, in particular, the goals are set to determine the importance of the concept in the personal value system, to reveal its moral and archetypical character. One of the essential aspects of Homyakov’s philosophy of law is a problem of axiological character of law, which in turn precedes and determines the Slavophil ideas in the field of epistemology of law. Such categories of ethics as common good, virtue, justice and morality are used in the work. Special attention is paid to identifying the categories of truth and law that are considered in the terms of the idea of sobornost (communality) postulated by Homyakov. Understanding of the truth as the archetype of Russian legal mentality of moral background allows to re-examine the character and significance of law as a regulator of social processes, as well as to overcome the attitudes of legal nihilism and the lack of legal awareness prevailing in Russian society.
DOI 10.14258/izvasu(2015)2.2-13
Key words: legal philosophy, philosophical and legal concept of A.S. Homyakov, legal axiology, moral character of the law, archetype of legal mentality
Full text at PDF, 620Kb. Language: Russian.
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