Human and the State before the Alternative Kantian or Hegelian Idea of Law
S. Ye. Yachin () and
I. V. Kruglova ()
Outlines of global transformations: politics, economics, law, 2020
The political and legal institutions of the modern Western world received their justification and justificationÂ in the idea of law, which is embedded in theÂ philosophical systems of Kant and Hegel.Â Both of these thinkers are unanimous inÂ that freedom is the regulatory principle ofÂ law, but it is interpreted in significantly different ways.Â In the Kantian version, freedom is the basis of the individualâ€™s rights,Â which is reflected in the legal system ofÂ Western societies, in the theory of â€œnatural rightsâ€ and in the political principles ofÂ liberalism. In the Hegelian system, freedomÂ is predominantly a public domain, personified by the state in its specific forms of realization ofÂ the common good. It is HegelÂ who gives the systemic justification of theÂ state-centric model of society. The WesternÂ world went mainly along the path of implementing the Kantian idea of law, during which it achievedÂ high perfection inÂ regulating civil relations. At the same time,Â this model encountered fundamental difficulties in regulating the relations of socialÂ (religious, ethnic and other) communitiesÂ and groups, including the relations of nation states. The Hegelian philosophy of lawÂ was to a large extent perceived by RussianÂ legal theorists as corresponding to the political traditions of imperial Russia. However,Â the problem with this model is that, in itsÂ apology of centralization, it creates bureaucratization of state life and eliminates developed forms of self- government. The political history of Russia is indicative of the fact that in it the clash of the Kantian, inÂ essence, idea of sovereign human rights andÂ the Hegelian idea of the sovereign rights ofÂ the state gave rise to specific political andÂ legal (constitutional) insolubility. In theoretical and methodological terms, the wayÂ out is the need to establish a mediating linkÂ between the private and the universal, between man and the state. It is this link thatÂ sees the idea of civil (civilian) property,Â which is justified by the theory of civilism.
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