The non-classical rationality and the problem of legal values

Abstract

This article touches upon the problem of legal values’ substantiation an the transitional periods of cultural evolution. Particularly, the situation of legal conscience’s crisis at the beginning of 20th century is analyzed. The reasons of mentioned crisis are linked with the decay of the modern era’s culture, which determined the worldview preconditions of new European legal tradition and respective system of legal values. Then authors make the overview of legal conceptions of Russian scientists, which approached to the problem of legal values’ substantiation from the standpoints of non-classical rationality: L.I. Petrazycki, N.N. Alekseev, I.A. Ilyin,B.P. Vysheslavtsev, N.A. Berdyaev, S.L. Frank. They conclude, that the problem of legal values was considered by the mentioned authors in the framework of research of the act, in which subject perceives the values. Such an approach determined special attention to a subject and his self determination in the area of legal values.