От школы Пюттера до де Бональда: генезис консервативной политико-правовой мысли

Abstract

The article attempts to trace the genesis of conservative thought with the help of historical and legal analysis. If earlier researchers spoke in the context of the forerunners of conservative political and legal thought only about the Anglo-Irish parliamentarian Edmund Burke and the Sardinian Joseph de Maistre, sometimes mentioning the historical school of law, the researcher, on the contrary, insists on the need to study the original ideas of such conservative lawyers of the XVIII century as Justus Mezer, Gustaf von Hugo and Johann Putter. According to the author, these scientists pushed, including Burke and de Maistre, to the idea of the supremacy of national law and the political and cultural traditions of a particular nation in a particular state. It is noted that the conservative doctrine was born and developed synchronously in Germany, France and England, and as a result, it absorbed certain features: rationalism, a religious picture of the world, a tendency to hierarchy and reliance on traditions, as well as some impulsiveness in the form of a reactionary response to events happening in the country. Following the law professors, the author analyzes the ideological origins of the doctrines, reconstructs conservative ideas and forms the political and legal values of conservatism into a coherent system of attributes. For the purpose of a detailed study of the phenomenon of conservatism and its forerunners, the article identifies three bases, within which eight types of conservatism are revealed: static; dynamic; utopian; realistic; utopian, but with some reservations embodied in reality; realistic, supplemented with elements of utopia; liberal conservatism; true conservatism. The derived system of types of conservatism can be used in further research.