Tradition and ideology of the human legal status in Russian constitutionalism

In the article, the authors addressed the understanding of man in the civilizational space of the Russian statehood, in the national-specific context of the spiritual, moral and socio-cultural environment. Overcoming the aggressive mythologies of individualistic liberalism, which have led to a value-based and worldview schism and are contributing to the evolving crisis in Western legal tradition, requires not merely a critical approach (while avoiding the risks of sliding into fanatical negativism) but a constructive, creatively generative approach. This involves identifying and elucidating the distinctive philosophical-ethical foundations of Russian constitutional humanism. Recognizing the scale and nature of the issues under discussion, the authors primarily focus on the ideological aspects of updating the constitutional model of human legal status from the perspective of the identity of domestic constitutionalism. It is argued that, in terms of value-based worldviews and methodology, it is crucial to shift the focus of the discussion around the legal status of the individual towards the foundational principles of ethical-legal obligation, and consequently, towards identifying and systematizing the subjective duties and obligations associated with spiritual-moral imperatives.

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Publication Details

Journal
Gosudarstvo i pravo
Published
2024-09-13
DOI
https://doi.org/10.31857/s1026945224070091
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Tradition and ideology of the human legal status in Russian constitutionalism

Armen Dzhagaryan, Ilya M. Sokolshchik
Gosudarstvo i pravo
Legal and Policy Issues
article

Tradition and ideology of the human legal status in Russian constitutionalism

Armen Dzhagaryan, Ilya M. Sokolshchik
article en

Abstract

In the article, the authors addressed the understanding of man in the civilizational space of the Russian statehood, in the national-specific context of the spiritual, moral and socio-cultural environment. Overcoming the aggressive mythologies of individualistic liberalism, which have led to a value-based and worldview schism and are contributing to the evolving crisis in Western legal tradition, requires not merely a critical approach (while avoiding the risks of sliding into fanatical negativism) but a constructive, creatively generative approach. This involves identifying and elucidating the distinctive philosophical-ethical foundations of Russian constitutional humanism. Recognizing the scale and nature of the issues under discussion, the authors primarily focus on the ideological aspects of updating the constitutional model of human legal status from the perspective of the identity of domestic constitutionalism. It is argued that, in terms of value-based worldviews and methodology, it is crucial to shift the focus of the discussion around the legal status of the individual towards the foundational principles of ethical-legal obligation, and consequently, towards identifying and systematizing the subjective duties and obligations associated with spiritual-moral imperatives.

Gosudarstvo i pravo(7)
State Duma (RU), State Academic University of Humanities (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Legal and Policy Issues
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Tradition and ideology of the human legal status in Russian constitutionalism — Armen Dzhagaryan, Ilya M. Sokolshchik · Gosudarstvo i pravo (2024) | TGRS Research Map | TGRS