The Views of Ancient Philosophers and Modern Criminal Law

The research emphasizes the demand for the philosophy of criminal law as such, as well as reveals the ways of application of philosophical knowledge by criminal law specialists. As it is known, philosophical teaching helps to understand the essence of specific phenomena or events with the help of appropriate tools, forming a complete picture of existence and its components. Such a doctrine is necessary today for those who produce exclusively scientific and legal knowledge in any objective form and those engaged in lawmaking and law-enforcement activities. Science has always demanded philosophical thought of criminal law, and their close relationship is traced in the most significant works of prominent philosophers since ancient times. The authors emphasize the unique value of philosophical teachings of the ancient period for modern criminal law, which, even nowadays, is based mainly on the postulates of the philosophers of Ancient Greece and Ancient Rome. The conceptual foundations of these philosophical views have demonstrated their significance over the millennia, and this study highlights the need for their scientific rethinking and the use of the latter’s results in legislative and law enforcement activities. Rethinking the philosophical works of the Antique period by modern lawyers will allow us to clearly build a hierarchy of values protected in the modern world, confirm the principles of the rule of law, and rationally assess the role of criminal punishment and other criminal legal institutions.

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Publication Details

Journal
RUDN Journal of Philosophy
Published
2025-10-24
DOI
https://doi.org/10.22363/2313-2302-2025-29-1-185-198
Primary Topic
Free Will and Agency
Type
article
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article

The Views of Ancient Philosophers and Modern Criminal Law

Lev R. Klebanov, Olga A. Kuznetsova, Оleg А. Yastrebov
RUDN Journal of Philosophy
Free Will and Agency
article

The Views of Ancient Philosophers and Modern Criminal Law

Lev R. Klebanov, Olga A. Kuznetsova, Оleg А. Yastrebov
article en

Abstract

The research emphasizes the demand for the philosophy of criminal law as such, as well as reveals the ways of application of philosophical knowledge by criminal law specialists. As it is known, philosophical teaching helps to understand the essence of specific phenomena or events with the help of appropriate tools, forming a complete picture of existence and its components. Such a doctrine is necessary today for those who produce exclusively scientific and legal knowledge in any objective form and those engaged in lawmaking and law-enforcement activities. Science has always demanded philosophical thought of criminal law, and their close relationship is traced in the most significant works of prominent philosophers since ancient times. The authors emphasize the unique value of philosophical teachings of the ancient period for modern criminal law, which, even nowadays, is based mainly on the postulates of the philosophers of Ancient Greece and Ancient Rome. The conceptual foundations of these philosophical views have demonstrated their significance over the millennia, and this study highlights the need for their scientific rethinking and the use of the latter’s results in legislative and law enforcement activities. Rethinking the philosophical works of the Antique period by modern lawyers will allow us to clearly build a hierarchy of values protected in the modern world, confirm the principles of the rule of law, and rationally assess the role of criminal punishment and other criminal legal institutions.

RUDN Journal of PhilosophyVol. 29(1)
Peoples' Friendship University of Russia (RU)
Openalex Percentile: Top 69%
Free Will and Agency
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