On the critical method of law (G.F. Shereshenevich and his ideological legacy)

V.V. Lazarev

Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, 117218 Russia

E-mail: lazarev@izak.ru

Received December 5, 2019

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DOI: 10.26907/2541-7738.2020.2.17-29

For citation: Lazarev V.V. On the critical method of law (G.F. Shereshenevich and his ideological legacy). Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2020, vol. 162, no. 2, pp. 17–29. doi: 10.26907/2541-7738.2020.2.17-29. (In Russian)

Abstract

The ideological and scientific legacy of G.F. Shershenevich, a famous Russian civilist, was analyzed. In particular, his philosophy of law in what concerns the policy of law and the critical method was considered. The ideas were discussed that the critical method is revealed through the following three aspects: 1) awareness of the unsatisfactory nature of the current law and order, as a whole and in its parts; 2) setting the ideal as a goal, which the law must fulfill by means of transformations; 3) finding appropriate measures to enable a transition from the existing order to the desired one. Based on the obtained results, it was concluded that jurisprudence embraces both theoretical and practical sides. However, none of them can develop successfully without being mediated by the philosophy of law. Therefore, the philosophy of law should rely on the theory of state and law and the policy of law, thereby determining our view of special legal disciplines.

Keywords: G.F. Shershenevich, civil law, methodology, philosophy of law, critical method of legal studies

References

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2. Shershenevich G.F. Filosofiya prava [Philosophy of Law]. Vol. 1: Theoretical part: General theory of law: Issue 1. Moscow, Izd. Br. Bashmakovy, 1910. VI, 320 p. (In Russian)
3. Shershenevich G.F. Istoriya filosofii prava [History of Legal Philosophy]. St. Petersburg, Izd. Br. Bashmakovy, 1907. 588 p. (In Russian)
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