Традиционные семейные ценности в общественно-правовой мысли России в XIX – начале XX века

Abstract

Introduction. An important guideline in the legal evolution of Russia is the preservation of traditional family values. The idea of preserving traditional family values is reflected in the Basic Law and official policy papers and is consistently implemented in state programs and national and federal projects. The understanding and legal formalization of the concept of traditional family values are conditioned by the need to preserve the Russian identity and moral guidelines in society. The analysis of historical experience will contribute to the development of an adequate model of Russia’s cultural identity. The research on the concept of traditional family values in the works of outstanding pre-revolutionary ethnographers, anthropologists, historians, philosophers, lawyers, and public figures has formed the purpose of the study. Methods. The methods of historicism, systematicity, analysis and comparative law. Results. The study analyzes the works of Russian pre-revolutionary ethnographers, anthropologists, historians, philosophers, lawyers, and public figures according to the concept and content of traditional family values in Russia in the 19th – early 20th centuries; a theoretical and legal analysis of the categories “tradition”, “value”, and “family” is also made; and the role of traditions in law is investigated. Conclusions. The preservation of traditional family values, increasing the role of the family in society and increasing the authority of parenthood in the family and society are currently relevant priorities for state family policies. The pre-revolutionary Russian legislation considered marriage a religious act; hence, the legal regulation of family relations at the conclusion and dissolution of marriage was based on the religion of the spouses and the recognition of the exclusively ecclesiastical form of marriage. According to the Russian social and legal thought of the 19th – early 20th centuries, traditional family values were based on such aspects as natural (sexual), including the physiological mutual desire of spouses; spiritual, consisting in mutual love and affection of spouses; reproductive, associated with childbirth; and the desire to continue the family and transfer knowledge and skills from generation to generation.