N. M. Korkunov as a historian of the philosophy of law

Abstract

The article presents the views of N. M. Korkunov, an interesting representative of pre-revolutionary Russian philosophy of rights. His concept reflects the ideas of positivism and the philosophy of natural rights. He attached importance to this for the development of jurisprudence of the history of philosophy, believing that it contributes to the understanding of the rights of a wide value and ethical-political context. One of the fundamental ideas of Korkunov is that the connection joining members of society has a psychological nature, necessary for cognition of the psychic factor, which is a sign of the ideal factor of “social aggregates.” This itself inspired psychologists and sociologists for the possibility of a scientific study of the individual and society. Lawyers presumed that sociology and psychology, using methods of objective analysis, would facilitate the discovery of the laws of society. In his periodization of the history of the philosophy of law, Korkunov believed that one era could be distinguished not so much in the content of answers to questions, but in the formulation of the questions themselves. One such question is the relationship between and a personality and their environment. The anthropological aspect of development of law is essential in understanding various theories. Korkunov in history of the philosophy of law identifies four periods: antiquity, when intellectualism and a reasonable beginning prevailed in society; the Middle Ages — when, under the influence of Christianity, the intellectualism of ancient thinkers is replaced by voluntarism; the early modern period when humanity turned to understanding rational will, and modern theories that try to smooth out the contrast of personality and nature, are important for personal interests. This article claims that Korkunov is committed to his philosophy to create a social concept of law, the strength of which is in the minds of its individuals as an appropriate order of social relations.