Abstract
This study examines the theories of Russian pre-revolutionary state scientists on the rule of law, which have been reflected in monographs, dissertations, publications in the periodical legal scientific press of the beginning of the 20th century. The subject of the study is the patterns of evolvement, the content features and results of research undertaken by scientists in the theoretical development of various aspects of a rule of law. The chronological framework is covered by the period from the beginning of the 20th century to 1917, because in the preceding stages the rule of law theory was not developed by Russian government scientists on a serious scientific basis. The conclusion on the qualitative side of the results obtained in prerevolutionary studies that formed the theoretical basis for understanding the essence of the rule of law in the science of Russian state law of this period was formulated in the paper.
Highlights
The processes of legal systems convergence and the increasing unification of law have renewed the problem of understanding the theory of the rule of law with renewed vigor
Rawls has designed the concept of the rule of law based on the combination of the volume of freedom among citizens [2]
The most vivid discussion caused by the complexity of understanding and correlation of the categories of "rule of law" and "supremacy of law" was already apparent by the middle of the 20th century [6]
Summary
The processes of legal systems convergence and the increasing unification of law have renewed the problem of understanding the theory (doctrine) of the rule of law with renewed vigor. The question of the correlation between the categories "Rechtsstaat" and "Rule of law" comes to the forefront in the development of Western in general, and European in particular, theoretical and legal discourse. Some researchers equaled these categories [3, 4], while others tried to use the basis of the concept of "Rule of law" in defining the signs and essence of "Rechtsstaat" [see about this in 5]. We will try to continue the historical and methodological discussions begun earlier [7] and turn to some historical aspects of the development of the rule of law doctrine in order to further use knowledge in future studies of its actual status
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
