State (juridical) school and its contribution to the interpretation of the concepts of “law” and “human rights”

Abstract

The authors of this paper focus on the philosophical and legal views of representatives of the state (juridical) school, one of the most authoritative scientific areas of Russian philosophical and legal thought of the 19th century. The authors will dwell on the theoretical and philosophical characteristics of the concepts of "law", "state", "civil society" and "individual rights", based on an analysis of the works of K.D. Kavelin, B.N. Chicherin, A.D. Gradovsky, as well as their followers, representatives of sociological jurisprudence S.A. Muromtsev and N.M. Korkunov. The contribution of these scientists to the development of the philosophy of law in Russia will be evaluated. The attitude of scholars of the Juridical School to law and the derivatives of this concept of human rights did not become the subject of independent research, and the authors plan to fill the gap in the historiography of the issue. The article will show how the interest of thinkers to law as a way of regulating social relations and the system of legal norms was transformed into a fascination with a more private and specific problem of individual rights. The authors analyze the philosophical and historical context of the appeal of representatives of the Juridical School and their followers of the sociologists of law to the rights of the individual, examine the catalog of law they created, as well as ideas about how to ensure and protect them. It will also be explained how the problem of ways to build a legal and constitutional state in Russia was interpreted within the framework of the law school