The idea of humanism and socio-cultural bases of leges permissivae of Russian labor law

Abstract

The philosophy of labor law in Russia is only being formed. This is evidenced by only a few philosophical studies on certain aspects of labor law, and the task is to create a new paradigm of Russian labor law on the basis of the ideals of humanism and Enlightenment in order to harmonize it with international labor law standards. The new metaphysics is the overcoming of Cartesian (ontological) dualism in labor law, represented by the counter-narrativeness of the employee and employer, as well as the dominance of its subjects (in particular, this concerns gender prohibitive norms). Thanks to the new metaphysics and its methods, the philosophy of labor law goes beyond the limits of objectivity to the existing (being) of modern labor relations. In their studies, the authors show the influence of philosophical (metaphysical) ideas on the creation and development of the “permissible” (leges permissivae) of Russian labor law. In particular, the studies propose an interpretation of the metaphysical (subjective law) and applied value of the labor law principles on examples of the philosophical moral and legal ideas implementation in the norms of labor law and in the further creation of a leges permissivae policy of labor law.