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  • 标题:Model of Conciliatory Law and Social Cooperation S.M. Solovyov as a Contribution to the Development of the Concept of the State (Law) School in Russian Historiography
  • 本地全文:下载
  • 作者:Tatiana V. Gryaznukhina ; Alexander G. Gryaznukhin ; Larisa F. Malyutina
  • 期刊名称:Bylye Gody
  • 印刷版ISSN:2073-9745
  • 出版年度:2021
  • 卷号:16
  • 期号:2
  • DOI:10.13187/bg.2021.2.620
  • 语种:Russian
  • 出版社:Sochi State University
  • 摘要:Based on the analysis of the works of Sergei Mikhailovich Solovyov, the article reveals a model of conciliatory law and social cooperation, as well as the contribution of this doctrine to the development of the concept of the state (legal) school in Russian historiography. The historian, speaking about the clan relations between the princes of ancient Russia, expressed the idea that power was a unifying principle, a kind of “growth point” of social unions and the state. In the special role of the state, he saw a mechanism for reconciling general and individual principles, social cooperation. The law became conciliatory, and this was the manifestation of the special role of the state as a mediator in disputes and a judge. The state is necessary for the realization of the common interest. Any form of government represents its people. In his opinion, with social development, the importance of the individual increases. The development of the personal principle expressed the decisive role of the state, which is a form for the people. At the same time, the state acts as a social state (a state for all, a state of the common good). The system of responsibilities in the state must be balanced by the system of rights. The analysis carried out by the authors touches upon the idea of representation of popular interests, which S.M. Soloviev deduces from the principles of natural law, overcoming the opposition of law and law. It is the law that must ensure the balance of the social system. A law or an institution acting outside the context of the people's way of life «causes harm». The concept of S.M. Solovyova acquired a social interpretation, which is of particular importance for understanding social processes in the modern period. At this stage of time, the need arose to create a new unifying model of «conciliatory law», to create conditions for the development of broad initiative "from below», and support, various forms of local self-government and electivity. The main source of the publication was the work of S.M. Solovyov «History of Russia since ancient times».
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