О роли религии в аксиологической модели права Н. Н. Алексеева

Abstract

This paper is devoted to investigation of destination of religion in the process of forming of the concept of law in determined cultural circumstances. This study is actualizes the essential link between comprehension of content of domain of law and concept of subjectivity. Nikolay Alexeev overcomes concept of subjectivity represented in philosophy of early modern period of European history, (primarily in the rationalistic tradition of Rene Descartes). The crucial significant in his concept of law is got neo-kantian axiology of Wilhelm Windelband and Heinrich Rickert. Following to neo-kantian thinkers Alexeev indicates, that genesis of culture is measured because a priori values are exist. Therefore individual is not a creator of these values per se. Value became the basis of Alexeev’s philosophy of law. Furthermore he elaborated axiological model of law onto religious foundation. Religion is a tool for initiating condition of values and there setting in political domain. Paper argued how religion conducts genesis of law. In that sense religion evaluated like a link between morality and law. Essential item of philosophy of law of Nikolay Alexeev is a superiority of Christianity in the midst of couple of religions in solution of problem in development of law. Author shows the historical role of Christianity in revealing of the idea of law per se.