Neo-Kantian and phenomenological axiology in N. N. Alekseev’s philosophy of law

Abstract

This paper analyzes receptions of phenomenological and neo-Kantian axiology trends in the interpretation of the concept and status of value in N. N. Alekseev’s philosophy of law. The author identifies the role of Neo-Kantian nomothetic—idiographic division of sciences proposed by the Southwest German school of Neo-Kantianism in interpreting the essence of law within Aleseev’s philosophy. It is shown that Alekseev uses Windelband's distinction between the due and the existing as a convenient methodological technique for understanding features of social phenomena. The article considers the context of Windelband’s philosophy in Alekseev’s interpretation of the role of the rule in philosophy of law. It is shown that Alekseev employs the distinction between the a priori and empirical, suggested by the theory of values, in his philosophy. Values are identified as a basis for the development of law and morals in Alekseev’s philosophy. Comparing reality and values makes it possible to see how Alekseev combines the id eas of axiology of Neo-Kanitianism and phenomenology. To narrow the gap between the a priori and empirical in the theory of values proposed by the Southern German school of Neo-Kantianism, Alekseev uses the solutions proposed by M. Scheler’s phenomenological axiology. It is stressed that Alekseev does not adopt either M. Scheler’s personalistic approach or his hierarchy of values. In his mature period, Alekseev supplements his interpretation of values with the religious aspect. He understands religion as a means to link the a priori and empirical and translate both into reality. It is emphasized that religion becomes a tool for understanding values as rules. It is concluded that Alekseev’s philosophy of law combines Neo-Kantian and phenomenological principles with religious aspects.

Keywords

• Neo-Kantianism
• phenomenology
• axiology
• religion
• philosophy of law