AN IDEA OF LAW IN THE RUSSIAN HISTORIOGRAPHY OF THE HISTORY OF POLITICAL AND LEGAL DOCTRINES. Part 2. 60s of the 19th century – 20s of the 20th century

Year: 
2020

Article:

Issue: 
6

UDC: 
340
DOI: 
10.34076/2219-6838-2020-6-85-95
Author(s): 

Malyugin Sergey

Associate professor, Ural State Law University (Yekaterinburg), candidate of legal sciences, ORCID: 0000-0003-1186-9855, e-mail: svm707@mail.ru

Author(s): 
Malyugin Sergey
Abstract: 

The subject matter of the series of articles is related to the understanding of the concept, features and essence of law in the history of political and legal doctrines in the Russian research legal environment of the 60s of the 19th century – the end of 20th century. The aim of the study is to describe the main processes of historiographic creativity in Russian jurisprudence and their impact on the understanding of law and its essence. In the series of publications, the author, based on a selection of a wide range of scientific sources of political and legal thought, wants to construct in a comprehensive way the formation and development of an idea of law in the history of the Russian legal doctrine, by using all levels of legal methodology and the synthesis of historiography methodology. There are three large blocks of the research with a common subject and aim. In the second part, the author turns to the defining political and legal ideas of the 60s of 19th century – 20s of 20th century. Based on the traditional typology of legal thinking, he characterizes the main trends in the study of law developed during the specified period. Among them are sociological and psychological approaches to the understanding of law, a positivist trend in understanding law, a philosophical type of understanding of law (represented by libertarian, natural-legal and ethical varieties), a synthetic theory of legal thinking and a pragmatic definition of law.

Key words: 

history of political and legal doctrines, legal understanding, concept of law, historiography, idea of law, history of legal doctrine

For citation: 

Malyugin S. (2020) An idea of law in the Russian historiography of the history of political and legal doctrines. Part 2. 60s of 19th century – 20s of 20th century. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 6, pp. 85–95, DOI: https://doi.org/10.34076/2219-6838-2020-6-85-95.

Text of the article: 

Publication date: 
Sunday, 25.04.2021

English