The history of philosophy of law in Russia: periods, priorities, ideals and characteristics

10.17347/3 ◽  
2014 ◽  
Author(s):  
I.A. Ivannikov
2015 ◽  
Vol 58 (1) ◽  
pp. 103-151
Author(s):  
Boris Milosavljevic

Dimitrije Matic (1821-1884) was a philosopher, jurist, professor of public law at the Belgrade Lyceum and politician. He served as Serbia?s Minister of Education and Church Affairs, acting Foreign Minister, Speaker of the Parliament, and member of the State Council. He was president of the Serbian Society of Letters and member of the Serbian Learned Society. Matic belonged to Serbian liberal-minded intellectual circles. He believed that the rule of force was unacceptable and that governments should promote and support popular education. Matic studied philosophy and law in Serbia (Kragujevac, Belgrade), Germany (Berlin, Heidelberg) and France (Paris), and received his doctorial degree in philosophy in Leipzig. In Berlin Matic embraced Hegel?s speculative philosophy and theory of state (philosophy of law). Among his professors were Georg Andreas Gabler (Hegel`s immediate successor), Otto Friedrich Gruppe, Wilhelm Vatke etc. In Halle he listened to another Hegelian, Johann Eduard Erdmann. He had the opportunity to attend Friedrich Schelling?s lectures on the philosophy of mythology. If the Right Hegelians developed Hegel?s philosophy along the lines they considered to be in accordance with Christian theology, and the Left Hegelians laid the emphasis on the anti-Christian tendencies of Hegel?s system and pushed it in the direction of materialism and socialism, Matic would be closer to the first. Actually, he was mostly influenced by his professor Karl Ludwig Michelet, with whom he established a lifelong friendship. Matic?s doctorial thesis (Dissertatio de via qua Fichtii, Schellingii, Hegeliique philosophia e speculativa investigatione Kantiana exculta sit) addressed the question of how the philosophy of Fichte, Schelling and Hegel developed from Kantian speculative thought. The paper deals with the question whether Matic took a shift from Hegelianism to Positivism (Naturalism) in the 1860s, which is a claim that was taken for granted in the Yugoslav (Serbian) Marxist histories of Serbian philosophy after the Second World War and Communist revolution. In fact, it is rooted in Milan Kujundzic-Aberdar?s (1842-1893) periodization of the Serbian philosophical literature. Kujundzic, professor of Philosophy at the Belgrade Great School, classified Matic?s Science of Education into the latest period of natural philosophy. In order to answer the question, the paper looks into the evolution of Matic?s philosophical, legal and political views. Matic followed Hegelian philosophy in his: Short Review (according to Hegel?s ? Psychology in Encyclopaedia of the Philosophical Sciences); Principles of Rational [Vernunftrecht] State Law [Staatslehre] according to Heinrich Zepfel?s book on the philosophy of law (Grunds?tze des allgemeinen und des konstitutionell-monarchischen Staatsrechts and Hegel?s Philosophy of Law) and History of Philosophy (according to Albert Schwegler?s History of Philosophy). There is nothing in Matic?s Science of Education that would corroborate the claim that he shifted from Hegelianism to Positivism. Though he had to attune his views to the changed, anti- Hegelian, intellectual climate and influences on academic life, he remained a Hegelian. The paper deals with the reasons why the Marxist histories of Serbian philosophy insisted on his alleged conversion.


2021 ◽  
Author(s):  
Gennadiy Pracko

This textbook is devoted to the consideration of the philosophy of law as a scientific and academic discipline. The author, presenting the material of the textbook on the generalization of the concepts of philosophy of law, cultivated by modern research, offers its own approach to considering a number of its problems, which are debatable and have not yet found a generally accepted solution. Among them are problems the subject of philosophy of law and its methodology, the essence of law and modern approaches to legal thinking, the relationship between law, power and justice. This explains the conceptual differences in the presentation of the history of philosophy of law, presented in the tutorial. Recommended for students, undergraduates, graduate students, teachers and research associates of legal and philosophical faculties of universities.


Author(s):  
Miroslav Ivanovic

In the dialogue, Crito, Socrates justified his decision to accept his death penalty. His decision was praised as principled and just. However, such a view was one of the greatest myths in the history of philosophy. Contrary to the accepted ideas, I wish to show that Socrates’ argument was erroneous, the crucial error being his failure to distinguish between substantial and procedural justice. In fact, the whole of the Crito refers to some deeper problems of the philosophy of law and morality.


Author(s):  
Galen Strawson ◽  
Galen Strawson

John Locke's theory of personal identity underlies all modern discussion of the nature of persons and selves—yet it is widely thought to be wrong. This book argues that in fact it is Locke's critics who are wrong, and that the famous objections to his theory are invalid. Indeed, far from refuting Locke, they illustrate his fundamental point. The book argues that the root error is to take Locke's use of the word “person” as merely a term for a standard persisting thing, like “human being.” In actuality, Locke uses “person” primarily as a forensic or legal term geared specifically to questions about praise and blame, punishment and reward. This point is familiar to some philosophers, but its full consequences have not been worked out, partly because of a further error about what Locke means by the word “consciousness.” When Locke claims that your personal identity is a matter of the actions that you are conscious of, he means the actions that you experience as your own in some fundamental and immediate manner. Clearly and vigorously argued, this is an important contribution both to the history of philosophy and to the contemporary philosophy of personal identity.


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