EVOLUTION OF THE CONCEPT OF GUILT IN HISTORICAL CONTEXT

Abstract

As in philosophy and in legal science is no single concept of guilt. This is partly explained by the fact that the philosophy of the concept of guilt tried to give the followers of different schools of thought and jurisprudence in the concept of guilt is different in each area of law. That is why it is important to identify common features of the legal and philosophical category of "guilt".The purpose of this study to trace the evolution of the concept of guilt in the philosophy and theory of law.Scientific and practical significance of the work lies in the fact that comprehensive studies of this nature brings us closer to the development of a unified concept of guilt.The author uses an analytical, philosophical and comparative - historical methods.The article analyzes the evolution of the concept of guilt in a historical context. The author analyzes the legal significance of the concept of guilt in theology and philosophy, focusing on Russian philosophy and Marxism, and comes to the conclusion that the issue of guilt is recognized by all philosophies, the most consistent explanation of the fault is given in the idealist doctrine. In the understanding of guilt there is dualism, which leads to the need for the external and internal sides of human actions.The results of this study provide scientific and practical value, since they can be used in teaching students of legal and philosophical disciplines, as well as - a legislator, in the formulation of the concept of a single fault in the law.DOI: http://dx.doi.org/10.12731/2218-7405-2013-10-19

Keywords

• Theory of Law, guilt, theology, philosophy, Marxism