Epistemological and Value Foundation of E.V. Vaskovsky's Legal Concept

The article studies the epistemological and value foundations of the political and legal concept of E.V. Vaskovsky, one of the most significant representatives of the pre-revolutionary Russian legal science. The article emphasizes that modern legal science in Russia suffers from a narrow sector specialization, which makes it difficult to conduct a comprehensive interdisciplinary study of legal phenomena. In this context, the scientific legacy of Vaskovsky, who freely handled the categories of civil law, civil procedure and general theory of law, is of particular value. The main attention is paid to Vaskovsky's understanding of legal knowledge not as a formal assimilation of norms, but rather as their interpretation in specific socio-historical context. The author emphasizes the importance of the scientist's hybrid approach, combining elements of legal positivism and legal interpretation, taking into account moral and ethical aspects. The value component of his concept is based on the idea of justice as the key guideline for legal regulation. The article compares Vaskovsky's approaches with the theories of G. Kelsen and R. Stammler, which makes it possible to identify the distinction of his position. The conclusion is made about the high relevance of Vaskovsky's ideas in the context of modern legal pluralism and globalization. His approach to the law as a dynamic and moral-focused system contributes to the development of a holistic and fair legal understanding in modern science and practice.

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Publication Details

Journal
Legal Linguistics
Published
2025-10-01
DOI
https://doi.org/10.14258/leglin(2025)3704
Primary Topic
Security, Politics, and Digital Transformation
Type
article
Field-Weighted Citation Impact
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article

Epistemological and Value Foundation of E.V. Vaskovsky's Legal Concept

M. L. Titarenko
Legal Linguistics
Security, Politics, and Digital Transformation
article

Epistemological and Value Foundation of E.V. Vaskovsky's Legal Concept

M. L. Titarenko
article en

Abstract

The article studies the epistemological and value foundations of the political and legal concept of E.V. Vaskovsky, one of the most significant representatives of the pre-revolutionary Russian legal science. The article emphasizes that modern legal science in Russia suffers from a narrow sector specialization, which makes it difficult to conduct a comprehensive interdisciplinary study of legal phenomena. In this context, the scientific legacy of Vaskovsky, who freely handled the categories of civil law, civil procedure and general theory of law, is of particular value. The main attention is paid to Vaskovsky's understanding of legal knowledge not as a formal assimilation of norms, but rather as their interpretation in specific socio-historical context. The author emphasizes the importance of the scientist's hybrid approach, combining elements of legal positivism and legal interpretation, taking into account moral and ethical aspects. The value component of his concept is based on the idea of justice as the key guideline for legal regulation. The article compares Vaskovsky's approaches with the theories of G. Kelsen and R. Stammler, which makes it possible to identify the distinction of his position. The conclusion is made about the high relevance of Vaskovsky's ideas in the context of modern legal pluralism and globalization. His approach to the law as a dynamic and moral-focused system contributes to the development of a holistic and fair legal understanding in modern science and practice.

Legal Linguistics(37 (48))
The Russian Presidential Academy of National Economy and Public Administration (RU)
Openalex Percentile: Top 68%
Security, Politics, and Digital Transformation
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