Правовое государство: теория и практика (Jun 2022)

THE STATE AS «INTELLIGENT LIFE OF SELF- CONSCIOUS FREEDOM»: PHILOSOPHICAL AND THEOLOGICAL ASPECTS ACCORDING TO HEGEL’S INTERPRETATION

  • SAL'NIKOV Victor Petrovich,
  • MASLENNIKOV Dmitry Vladimirovich,
  • SHKRUM Dmitry Vasilievich

DOI
https://doi.org/10.33184/pravgos-2022.2.5
Journal volume & issue
Vol. 18, no. 2(68)
pp. 48 – 55

Abstract

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The theoretical substantiation of the idea of freedom as a positive expression of the essence of human existence with reference to its Christian theodicy meaning («freedom is the supreme gift of God to man») is contained only in the German classical idealism with its systematic interpretation of the idea of the subject. As such, the concept of freedom became for German classics the basis of a new paradigm of philosophy of law, an alternative to both traditional natural law and social contract theory. Based on this paradigm, the Hegelian concept of the state can be considered as one of the sources of the sovereign Russian philosophy of law. Purpose: to highlight, in relation to the idea of the state, the main points that reveal the Hegelian concept of freedom as the most profound definition of the essence of human existence. Methods: the authors use such methods as logical, historical-genetic, historical-comparative, systematic method of cognition, as well as the methodology of theoretical and legal comparative studies. Results: the idea of universal foundations of statehood is an integral part of legal thinking. It is mediated by the concepts of morality, personal freedom, law, which historically were revealed both in rational philosophical-legal, and in theological discourses. Hegel’s understanding of the state as «intelligent life of self-conscious freedom» is realized by him in interconnection of history of state and religion, where each historical stage expresses necessary forms of this self-consciousness.

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