Year: 2025
Type: article
Abstract: Forms of public consciousness are not characterized by political neutrality. Natural scientists put forward and describe their theories based on life experience gained in society. This is no less true for judgments about law and state. We identify four main political ideologies of our time. They are conservatism, liberalism, anarchism and Marxism. Ideologically colored complexes correspond to these worldviews. The statutory text is interpreted through the prism of them. The complexes are designated as the key philosophical and legal principles in this article. Conservatism corresponds to the principle of continuity; liberalism corresponds to the priority of human rights and freedoms; anarchism – to the primacy of the interests of society over the interests of the state; the class character of law and state is a presupposition of Marxism. The structural situation in the system of labor division forces some social groups to lean towards one or another principle of reading the statutory norm. Pensioners gravitate towards the conservative initial. Entrepreneurs, politicians and capitalist-oriented intellectuals gravitate towards the liberal one. Freelancers gravitate towards the anarchic one. The organized industrial proletariat tends towards the communist principle. Each presupposition is able to contribute to the diversity and wealth of Russian society. However, due to the objective processes taking place in the economy, the movements of owners of production and beneficiaries of state paternalism often turn into an idealess support of the established balance of power. The workers’ movement, on the contrary, is characterized by a pre-chosen position of sacrifice. Against this background, the heuristic potential of anarchism is traditionally underestimated. The displacement of the administrative and command influence of the sovereign by the spontaneous market connection of individuals can be the key to overcoming the contradictions of capitalism without openly clashing with it. The means of legal technique were developed by legal practitioners during centuries of resistance to state pressure. From the point of view of philosophizing anarchists, principles of law will eventually lead legal scholars beyond the tabular model of truth proposed by the Enlightenment. A well thought-out theoretical and legal approach will save disciplinary research from the complimentary tone that almost inevitably accompanies a special legal study of the status quo.
Source: Academic Law Journal
Author: Mikhail Kudashev
Institution: Volgograd State University
Language: English
Topic: Legal and Social Philosophy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4410966522