Роль историографии в философии права и формировании понятийного языка современной правовой теории

Introduction. The article presents a modern view of the most important problems of the philosophy of law. The author’s vision of complex philosophical and legal issues in ontological, methodological and axiological aspects is presented. The author makes conclusions about the importance of the philosophy of law for legal science. A number of issues that are both interesting and relevant for ancient and modern science have been studied. Certain methods (hermeneutic, phenomenological, synergetic) for philosophical and legal research has been applied and substantiated. Theoretical Basis. Methods. The specificity of the research topic demanded an integrated approach to the methodology. Thus, the article used the system-structural, comparative, hermeneutic, analytical methods, the principle of historicism, abstracting and concretisation. The peculiarities of the aim of the study – to identify the most modern (from the point of view of the author) philosophical and legal problems in connection with the ontological, methodological and axiological functions of law – also determined the peculiarities of the interpretation and presentation of the material. Results. The problematics of the idea of law has been studied taking into account the ongoing processes of globalisation, specifically; – The correlation of modern philosophy and theory of law with the priority of the continuity of philosophical and legal scientific knowledge; – The definition of the status of philosophy of law in the system of scientific knowledge; – The substantiation of significant methods of philosophy of law; – The analysis of the value comprehension of questions of philosophy of law in connection with the revision of traditional views on the essence and meaning of law is. Particular attention is paid to ancient ideas that remain valuable – namely the meaning of life, faith in one’s ideals, consistency, and fortitude. The idea of public and private good is considered from modern positions. Discussion and Conclusion. The analysis made it possible to conclude that the philosophy of law, on the one hand, develops under the influence of established traditions, whilst on the other hand, it needs modern understanding and argumentation from the standpoint of continuously developing scientific knowledge.

The main thesis discussed in this article is that it seems reasonable to argue in favour of a strict and structural connection between philosophy and law, so that philosophy of law – interpreted as a metaphysical questioning on law – is a keycomponent of law and legal knowledge that is not possible to eliminate. This conclusion is reached by reflecting on philosophy, following the explanation given by Enrico Berti, who classifies it as kind of knowledge dialogical, allabsorbing and problematic in its nature, so to be, as Aristotle himself explains, transcendental and undeniable. This same feature is the one that is possible to attribute to dialogue and truth, that are really interrelated and connected with philosophy (and so with philosophy of law): for this reason, also a brief inquiry on the nature of truth, following the explanation given by Franca D’Agostini, is presented in the article, arguing for a realistic and Aristotelian conception of truth.

The article is devoted to an in-depth analysis of logical methods in the philosophy of law developed by Bohdan Kistiakovskyi, an outstanding Ukrainian thinker who made a significant contribution to the development of legal science and jurisprudential thought at the turn of the 19th and 20th centuries. Particular attention is paid to the influence of the Neo-Kantian philosophical tradition on the formation of Kistiakovskyi’s methodology, especially with regard to logic as a tool for structuring legal matter. The article demonstrates that logic in Kistiakovskyi’s philosophy of law is not merely a formal instrument but a means of rationalizing legal concepts, ensuring their internal coherence, normative consistency, and ethical justification. At the core of the study lies the understanding of law not only as a system of norms but as a component of rational knowledge that presupposes conformity to logical principles. The concept of the rule of law is examined within Kistiakovskyi’s framework, where adherence to formal logic in legal reasoning and law-making is seen as a necessary condition for legal certainty, justice, and legitimacy. The ethical and philosophical foundations of law are analyzed as being integrated into his methodology through a synthesis of legal positivism, sociology of law, and normative theory. The article also explores Kistiakovskyi’s interdisciplinary approach, in which legal science is viewed in connection with social, cultural, and philosophical dimensions. Special attention is given to the Ukrainian context of his intellectual legacy: his efforts to adapt and reinterpret European legal concepts through the lens of national identity and the spiritual and cultural foundations of Ukrainian society. His critique of extreme forms of legal dogmatism and legal relativism is highlighted, along with his consistent striving for universalism combined with respect for legal diversity. In conclusion, the article substantiates that logical methods in Kistiakovskyi’s philosophy of law remain highly relevant to contemporary legal scholarship. Their applicability goes beyond historical or philosophical analysis, contributing to the development of critical, analytical, and ethically oriented legal thinking. Logic, as understood by Kistiakovskyi, serves not only as a technical means of organizing norms but also as the foundation for constructing law as an intellectual and humanistic system. This approach opens up new perspectives for the advancement of the philosophy of law in the face of current challenges such as legal globalization, hybridization of legal systems, and the need to reestablish ethical guidance in law-making and legal practice.

The article deals with the problem of forming a modern historiographical model of political and legal knowledge. First of all, it covers the issues of the science of the history of political and legal thought, the history of law and the Philosophy of Law. The lack of proper developments in the field of historiography of political and legal thought is the basis for distortions and falsifications of this field of knowledge, has a negative impact on the possibilities of effective development of theoretical and historical legal sciences and the use of historiographical contexts of branch legal disciplines. The development of a modern historiographical model of political and legal knowledge should be carried out taking into account the achievements of other socio-humanitarian sciences, logical-philosophical and historical-philosophical research, including a significant update of the methods and techniques of cognition used. An important role is played by the affirmation of the principles of reliability, verifiability and qualitative growth of knowledge, recognition of types of development and cultural and civilizational diversity. The article summarizes the experience and results of existing research on historiography in general and political and legal thought in particular, reveals some key problems of its development, demonstrates the possibilities and directions for improving the methodological aspects of historiography of political and legal thought.

The article is a continuation of the author’s publications about integrative conception of the meaning of law in the Russian Journal of Legal Research No. 2 for 2016 and No. 1 for 2017. The author understands under the semantic conception of law an a integrative holistic and collective image of law, which always has a specific historical content (in this modern society) and operates in accordance with the principle of complementarity of different types of legal understanding. This conception contains several basic assumptions. First, the semantic conception is not an absolutely new type of legal understanding, and the meaning of law is one of the supporting connecting structures that, from the point of view of modern philosophy and methodology of science, characterize the interpretational style of scientific thinking. Secondly, the dispute between the philosophy of law and the theory of law for the priority in legal understanding can be solved by a scientific convention based on the concept of the meaning of law, which harmoniously combines the internal nature of law and its external relations with economics, politics, culture and other subsystems of society. Thus, the opposition between the law “from the inside” and that which is “outside” the law is removed. Thirdly, the semantic conception of law is able to set the optimal vector for improving the conceptual apparatus of jurisprudence and for modernizing the criteria of the scientific novelty of modern legal knowledge from the position of the so-called “classical” and “postclassical” legal paradigms. If the meaning of the law is improved by the internal logic of the development of the law itself, then the scientific novelty will always be postulated as “understanding traditional ideas at a new stage”. But if the meaning of law derives its sources from the social space, then, of course, it is necessary to recognize that philosophical concepts, terms and institutions can be included in the conceptual apparatus of law within the framework of a new objective interpretation. The semantic conception of law has significant theoretical and practical potential for system analysis of the problem of modern Russian legal understanding.

What 'If'? The Emerging Epistemic Community of International Criminal Justice

THE PHILOSOPHY OF LAW IN THE BELARUSSIAN REPUBLIC — IN SEARCH OF A BALANCEThe philosophical and legal studies in the Republic of Belarus are analyzed in the article. The point of view that the tradition of studying of philosophy of law in the Western Europe and in the post-Soviet countries differ greatly is expressed and proved. Attention is drawn to the subject matter of philosophy of law and its principles; controversial aspects of this segment of philosophical and legal knowledge are analyzed. The connection between philosophical and legal problems with the objectives of accomplishment of legal culture is presented. Philosophical and legal issues, which are relevant and described in the works of Belarusian and Russian scientists are studied.

The article is a review of the monograph by S.I. Zakhartsev, D.V. Maslennikov, V.P. Salnikov “Logos of Law: Parmenides - Hegel - Dostoevsky. On the Speculative-logical foundations of the Metaphysics of Law” 2019 and its English edition 2021 In the process of analyzing this work, the peculiarity of its authors’ understanding of the subject and method of philosophy as a science of the universal unity of thinking and being, realized in the complementarity of historical and logical forms, is revealed. Based on this, the authors of the monograph largely fill the gap that exists in philosophical and legal knowledge. Namely: they reveal the theoretical content of the process of mediation of general philosophy and Philosophy of Law. In this context, the philosophical and philosophical-legal teachings of Parmenides, Plato, Aristotle, Descartes, Kant, Fichte, Hegel, Dostoevsky are analyzed as necessary steps in the unified process of cognition of the essence and meaning of legal existence. As a result, the authors of the monograph give a modern interpretation of the main problems of the Philosophy of Law: the problems of the absolute in law, the value dimension in law, the relationship of the historical and logical principles of law and legal thinking, time and eternity, and others, as well as lay the foundations of legal Christology, substantiate the model of the comprehensive theory of law.

The article considers the Soviet dissertation theoretical and legal doctrines as a scientific category with a set of specific features. The author draws attention to the fact that the massive layer of legal theoretical knowledge known as Soviet jurisprudence and the legal teachings reflecting the evolution of Soviet law are insufficiently studied in ontological and epistemological terms. In specific, the role, place, and significance of Soviet dissertation legal theoretical teachings are lacking in the literature. Moreover, the Marxist methodology of legal knowledge, which should be used in modern educational and scientific space, lacks clear assessment. The author analyzes the most important thesis on the theory of law, which reflect the ontological and methodological foundations of the Soviet law and legal theory presented in the theses. This article lays the basis and the vector of further development of Soviet jurisprudence. These dissertation doctrines are analyzed to further use them in the scientific research of laws and trends in the development of Soviet legal thought. The results of these analyses are crucial for the history of political and legal doctrines, general theory of law, and philosophy of law and can be used in other areas of legal (including industry) science, considering their interdisciplinary heuristic potential.

The article is devoted to the extremely rich and insufficiently studied heritage of Polish legal thought. The political and geographical determinants of the chosen research topic are the restoration of statehood in central Polish lands in 1807 (Duchy of Warsaw and the Kingdom of Poland) and the defeat of the November Uprising (1830-1831) followed by measures taken by the Russian authorities to limit the autonomy of the Kingdom of Poland. The intellectual milestones are the founding of the School of Law in 1807 (later the Faculty of Law of the University of Warsaw), and the closure of the University of Warsaw in 1831, as well as the significant emigration of scientists in the same year and the liquidation of the Society of Friends of Science in 1832. The intellectual milestones are also European (and first of all Central European) processes of legal thought evolution in the second half of the XVIII – first third of the XIX century, which led to the formation of the first and still insufficiently understood and studied positivism in jurisprudence, being a profound phenomenon that reveals the essence of positivism in legal thought in general. The study found that the basic principle of jurisprudence in the vision of most Warsaw scholars during the study period was its independence from a priori and metaphysical philosophizing, and vice versa, the formation of its own philosophical and legal discourse (philosophy of positive law) based on generalization and understanding of research results. It was recognized that legal science should be a fundamentally new system of legal knowledge – positivist and social. Recognizing the historical and modern pluralism of such an organization of knowledge, Warsaw scholars have unequivocally identified themselves with the Central European jurisprudence, the core of which is the German. Warsaw scholars believed that jurisprudence was based on historical, dogmatic and philosophical approaches. Accordingly, they considered three relatively separate areas of scientific knowledge, which together can be considered as a single legal science or a system of interrelated legal sciences. Depending on the emphasis in the views of scholars on the fundamental or applied side of legal science, this system was seen differently, as well as the subject of jurisprudence – universal or more national. It can be argued that this to some extent correlated with the predominance in the views of certain scholars of the principles of historical-philosophical or historical schools.

This work offers a step-by-step guide on how to utilize the law as a source of value in organizations. Robert C. Bird demonstrates how legal knowledge can be a valuable asset for firms, providing them with a sustainable competitive advantage that is difficult for rivals to imitate. Bird presents a five-part framework that outlines how firms can use legal knowledge in competitive markets and how they can avoid misusing it. Chapters also highlight how firms can cultivate legal knowledge and apply novel risk tools to overcome unexpected legal threats. The book emphasizes the importance of ethical values in business decisions and shows how managers and lawyers can build an ethical practice of legal knowledge that benefits both business and society. With the help of numerous visuals, this book makes it easy for readers to leverage legal knowledge and apply it to specific business contexts.

This study proposes a shift from the existing knowledge- transmission-centered law-related education to an education that fosters critical legal literacy, in order to respond to the demands for strengthening citizens’ legal capabilities raised in connection with the recent crisis of democracy. Current law-related education is limited to the mere transmission of practical legal knowledge or ‘lifestyle law,’ showing limitations in helping citizens subjectively understand the ‘invisible discourse’ and power structures existing behind the law. Accordingly, this study examines the discussions of James Boyd White and Archie Zariski, as well as the EU’s Competence Framework, to redefine legal literacy as a ‘reflective legal practice capability’ that critically understands and actively utilizes legal norms. Furthermore, it argues that the academic foundation of basic law—such as philosophy of law, sociology of law, and legal history—is essential to cultivate these capabilities, and asserts the need to create an ecosystem where basic law, currently in crisis, can coexist with law-related education. Finally, this study presents proposals for revising the current law- related education Support Act to institutionally support this. Specifically, it proposes: reflecting the concept of critical legal literacy in the definition of law-related education; mandating cooperation between the law-related education Committee and the National Education Commission in organizing school curricula; and converting to a joint jurisdiction law or restructuring governance and establishing a specialized research support agency to overcome the limitations of the Ministry of Justice’s sole jurisdiction.

The paper deals with the problems of using realism in modern legal science (philosophy of law and the-ory of law) as a method or conceptually designed strategy of legal knowledge and legal understand-ing. The problem of realism in this sense is closely related to its philosophical and methodological foundations, which form the supporting framework of any legal concept. Questions of realism in the field of law cover a wide range of fundamental and applied aspects, so this paper deals mainly with topical issues of modern and contemporary philos-ophy of law and legal theory, in which realism in an explicit or implicit form is one of the main approach-es to the knowledge and interpretation of law. Now-adays, the problem of legal realism is mistakenly reduced to legal instrumentalism and pragmatism, which are only a special case of using realism as a setting of legal knowledge and legal understanding. The dominant trend in using the method of ontolo-gization of law is the revival of interest in the phe-nomenon of subjective reality, based mainly on so-cio-psychological and metaphysical arguments.

Promulgada a Emenda Constitucional nº 90 integrou-se o direito ao transporte no rol dos direitos constitucionais sociais fundantes. O presente artigo, via pesquisa bibliográfica, busca identificar as características dessa fundamentalidade, contextualização histórica de contemporaneidade, os efeitos jurídicos na tentativa de resposta à possível situação de aplicabilidade direta. Pretende-se focar os primordiais pontos da temática utilizando o método hipotético-dedutivo mediante análise interdisciplinar entre o Direito Constitucional, Direito Administrativo e a Filosofia do Direito, na construção do saber jurídico. Justifica-se a pesquisa para possibilitar reflexões do novo direito, direcionado ao desenvolvimento, sem a pretensão de esgotamento da matéria.

Com o propósito de conhecer o direito em sua ampla dimensão e dar mais consistência ao saber jurídico, o trabalho abaixo pretende analisar a figura do preâmbulo no universo normativo, empregando técnicas de aproximação que assumem tons de "filosofia no direito" e não de "filosofia do direito". Sabe-se bem que, dentre os muitos traços que lhe são peculiares, o direito oferece o dado da linguagem como seu integrante constitutivo. A linguagem não só fala do objeto (ciência do direito) como participa de sua constituição (direito positivo). Forte nesses pressupostos não hesito em proclamar que o estudo das fontes do direito está voltado, primordialmente, para o exame dos fatos enquanto enunciações que fazem nascer regras jurídicas introdutoras de normas no sistema. Por isso, o preâmbulo, como enunciado normativo, não pode ser desconsiderado na feição de sua juridicidade. Na mesma linha, estão também as ementas e as exposições de motivos. Na condição de feixe de marcas deixadas no curso do processo enunciativo do direito, assumem indiscutível relevância, auxiliando e orientando a atividade do intérprete.