Cхід (Nov 2013)
B. Chicherin's and V. Soloviyov's philosophical and legal rationale of justice
Abstract
The paper examines the issue of justice in the Russian philosophical tradition of the late 19th - early 20th centuries in the context of a philosophical and legal rationale of this category, offered by the famous Russian philosophers Boris Chicherin and Vladimir Soloviyov. An analysis of Boris Chicherin's works "Philosophy of Law", "Course of State Science" and "Philosophical Issues" afforded ground for concluding that the thinker deduced justice from the idea of freedom and defined it as a balance of compulsory (state) and voluntary (moral) laws. Keeping such a balance is possible only within human unions which supreme rule is adherence to truth i.e. everyone shall get what belongs to him. Requirements of justice also include respect for someone else's rights and minority rights whereas achievement of general welfare is considered by the philosopher as its supreme goal. Views of Vladimir Soloviyov were explored through analyzing his works "Justification of Good" and "Right and Morals". Justice is among the central concepts of his philosophical conception "Ethics of Universal Unity" and is defined as common equality before the law, the supreme ideal, the good i.e. the only righteous and true life journey. The good as it is reveals to a man his meaning of life through the categories of truth and love. Justice as law of truth destines to each his own whereas justice as law of love shows a man the necessity of sacrifice for his neighbor. Discussion between these philosophers subsequently governed the extent of creative perception of philosophical and legal issues related to the balance of law and morals, individual freedom and equality.
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