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

Alexey Lada,Sergey Markov,B Yazyev

doi:10.1051/shsconf/20197201018

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.

Highlights

As a result of studies of publications in the field of labor law, we have the impression that modern Russian labor law is based on the methodological paradigm of Aristotle-Newton, in the best case of Feuerbach and Marx, for various reasons, objective and subjective
Microevolution can be expressed by the formula: "Everything is permitted except those prohibited by law." This is how we understand the policy of leges permissivae of modern Russian labor law, in which the cogito complexus, free and voluntarily limited in its labor rights, should act as a subject
The contractual regulation of relations in labor law is limited by the ban on worsening the situation of workers in comparison with the current legislation (Article 9 of the Labor Code of the Russian Federation)

Summary

Introduction

A.V. Koyre (1892 - 1964) - Russian, French and American historian of science, in his famous article "On the influence of philosophical concepts on the development of scientific theories" (1954) convincingly proved the influence of philosophy (metaphysics) on the fundamental aspects (principles) of modern science. We would like to demonstrate the influence of speculative (philosophical), and applied ideas on the microevolution of the basic principles of Russian labor law, guided by the internalist provisions of Alexander Koyre and his school (Lakatos, Kun, Tulmin, Foucault, etc.), which Coire called the "metaphysical substructures" of thought, or, we put it, innovative ideas. The modern philosophy of labor law is designed to evaluate the current labor legislation, and to put forward proposals for its improvement in the spirit of the above philosophical and legal ideas. As the philosophy of labor law develops, the task of justifying the labor legislation reform may move into the area of "permissible" labor law policies, which is currently at the stage of origin

Metaphysics and ideas of humanism

Leges permissivae labor law

Conclusion