ACTUALIZATION OF THE HERITEGE OF P.I. NOVGORODTSEV: METHODOLOGICAL ASPECT

Autor: Aleksei Mikhailovitch Ponomarev
Rok vydání: 2016
Předmět:
Zdroj: Sovremennye issledovaniya sotsialnykh problem. :97
ISSN: 2077-1770
DOI: 10.12731/2077-1770-2016-4-2-97-105
Popis: The article aims at reconstruction of the philosophy of law by P.I. Novgorodtsev on the basis of requirements of post-nonclassical philosophy of law and with consideration of the historical distance between the original text and the interpreter. The methodology of work – the basis of the research consists of hermeneutic and the transcendental-pragmatic approaches. Results. Reconstruction of philosophy of law by P.I. Novgorodtsev from the stated positions’ point of view is performed for the first time. The theory of P.I. Novgorodtsev is described as a version of an early non-classical philosophies of law. Such theories are transitive, because they contain characteristic features of both classical and non-classical theories. In particular, in the theory of P.I. Novgorodtsev “natural law” is made axiological, the absolute ideal is given ontological status. At the same time, the law conception of P.I. Novgorodtsev is value-normative, comes from the notion of autonomous moral personality and implements the subject-social methodology of a substantiation of rationality of law.
Databáze: OpenAIRE