Alexey Alpatov

The Survey of Problems and Сurrent Views of Nature of Law

2011. No. 4. P. 5–22 [issue contents]

The article attempts to give a history and philosophy of law analysis of the controversial evolution in forming theoretical concepts about law and at the same time examine legal practice per se. The author strives to reveal the essence of law. He reminds that with the variety of legal conceptions, the problem of creating integral legal theory without any inner contradictions remains unsolved. Legal studies are experiencing a crisis caused to some extent by the myriads of conceptions and hypotheses. Specific features of legal doctrine have been distinguished especially those of the post revolutionary Soviet and Post-Soviet periods in the Russian history. The author criticizes normative etatist interpretation of law in the USSR, substitution of jurisprudence with ideological dogmas, simplified interpretation of the essence of law in line with positivism and instrumentalism. Positivism was the only theory borrowed from the pre-revolutionary experience. The attempts to get rid f the frame were not evident for an extensive period. The author stresses that the collapse of the USSR was followed by a legal vacuum. As to the positive traits, he specifies that since the end of the 20th century it has become possible to state that the domination of the positivist approach in law the basics of which had been laid before the revolution has been overshadowed by the interest to the natural law conceptions in legal circles. Now, the views developed in the Soviet period but not complying with the official doctrine have started the development. Besides, new, authentic legal patterns are being developed. In the 21st century the freedom from etatist dogmata is remaining illusory. The phenomenon of law still needs an in-depth and complex analysis. A non critical acceptance of the Western legal culture does not cope with the task of overcoming contradictions of the modern legal theory.

Citation: Alpatov A. A. (2011) Retrospektiva i sovremennoe sostoianie vzgliadov na prirodu prava [The Survey of Problems and Сurrent Views of Nature of Law] Pravo. Zhurnal Vysshei shkoly ekonomiki, 4, pp. 5-22 (in Russian)
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