Правовая охрана традиционных семейных ценностей российским законодательством: поиск основополагающей парадигмы

Abstract

Introduction. The paper examines the issue of forming the legal definition of “traditional family values” and notes the unacceptable, in the author’s opinion, excessive clericalization of this process. The author believes that the traditional value recognized as the basis of the institution of the family protected by law is formulated not only in the theological sources, but, first of all, developed by law and philosophical views prevailing in society. Purpose. To prove the groundlessness of handing over the formation of conceptual approaches to the principles of family law to exclusively the spiritual institutions of society. Their role should be considered as important, but not the only one, but rather optional. Methods. The prevailing research methods used in the paper are the historical and logical methods that ensure the reproduction in the mental sphere of the complex process of formation and development of the principles of family law. Results. The author has investigated the problem of becoming and forming the concept of “traditional family values”, a new concept for Russian family law; at the same time the author argues the point of view about the secular nature of this concept. Conclusions. As a result of the study, a point of view is developed on the need for a multidimensional approach to the content analysis of the ethical and legal concept of “traditional family values”, while respecting the equal importance of all sources of humanitarian knowledge: spiritual dogmas, cultural traditions, and philosophical ideas and views.