Methodological problems of axiological interpretation of objects of criminal law protection in the context of the content of traditional spiritual and moral values
Year: 2025
Type: article
Abstract: Introduction. The implementation of criminal policy in the field of protection of traditional Russian spiritual and moral values requires improvement of methodological foundations of axiological interpretation of objects of criminal law protection, including the answer to the questions: “Why should this or that object be protected?”, “What exactly is the protected interest or benefit?”, “What is its content of value for society?”. This interpretation is designed to reveal the true component of protected legal benefits on the basis of considering the cultural and civilisational features of Russian society and the state. Methods. The methods of scientific cognition were applied: comparative-legal one, complex analysis, generalisation. Results. The meaning of axiological interpretation of the objects of criminal law protection is to identify, on the basis of traditional Russian spiritual and moral values, the content of human rights and freedoms (themselves being recognised as the highest constitutional value), which would contribute to the development of human potential in society in the interests of harmonious and safe living of all people, while avoiding extremes set by universalism and relativism, individualism and etatism, demonstrating a fair balance of interests of an individual and the state, freedom and security, opportunity and responsibility. If this or that possibility of human behaviour is contrary to traditional values, it cannot be perceived as a component of the content of rights and freedoms, therefore, it cannot claim the status of a legally protected good.
Author: Philip Chirkov
Institution: Adyghe State University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4408929237