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2018
The term ‘legal idealism’ has various meanings. These include: the notion that laws, and the rights and duties they confer, genuinely exist, in which legal idealism is opposed to legal realism; the notion that law is intimately connected with moral or social values, in which legal idealism is opposed to legal positivism; the notion that one can move ...
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The term ‘legal idealism’ has various meanings. These include: the notion that laws, and the rights and duties they confer, genuinely exist, in which legal idealism is opposed to legal realism; the notion that law is intimately connected with moral or social values, in which legal idealism is opposed to legal positivism; the notion that one can move ...
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Ethical Systems and Legal Ideals
Columbia Law Review, 1933Walter Nelles, Felix S. Cohen
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History of state and law
The author tried to explain in the article the phenomenon of myth and mythologization, the relation of such to legal values, but, first of all, to reveal the essence of the legal ideal. The legal ideal is a special sphere of mastering the legal reality. For some, it is a myth that finds itself in a sphere that has nothing to do with reality, for others
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The author tried to explain in the article the phenomenon of myth and mythologization, the relation of such to legal values, but, first of all, to reveal the essence of the legal ideal. The legal ideal is a special sphere of mastering the legal reality. For some, it is a myth that finds itself in a sphere that has nothing to do with reality, for others
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Respublica literaria, 2020
The article analyzes the forms of legal alienation, which are essentially significant deformations of the legal consciousness of a person: legal nihilism, legal fetishism, legal infantilism. The author analyzes the prerequisites for their occurrence in society, forms of manifestation and consequences.
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The article analyzes the forms of legal alienation, which are essentially significant deformations of the legal consciousness of a person: legal nihilism, legal fetishism, legal infantilism. The author analyzes the prerequisites for their occurrence in society, forms of manifestation and consequences.
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LEGAL INFANTILISM AND LEGAL IDEALISM AS FORMS OF DEFORMATION OF LEGAL CONSCIOUSNESS
Relações Internacionais no Mundo AtualObjective: The study aims to determine the reasons for the development of legal infantilism and legal idealism as forms of deformation of legal consciousness.Methods: The general scientific research methods employed in the study include the comparative legal, specific sociological, statistical, and formal logic methods (analysis, synthesis, deduction ...
Babkina, Elena +4 more
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LEGAL NIHILISM AND LEGAL IDEALISM AS POLES OF MODERN RUSSIAN LEGAL CULTURE
LAW. SAFETY. EMERGENCY SITUATIONSThe article presents two poles of modern legal culture in Russia: legal idealism and legal nihilism. The principle of polarity of value principles in culture is discussed in the prism of F. Nietzsche's views. The antinomy of cultural vectors is manifested in a particular type of national culture – in legal culture, in the form of legal nihilism and ...
Victoria Chaika, Boris Kuznetsov
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The trace of legal idealism in Derrida's grammatology
Philosophy & Social Criticism, 1996Against a background of Heidegger's project of tracing the other back through the history of metaphysics, Derrida attempts to think the other as outside of identity or presencing philosophy. The other is neither present nor absent. The other is differance with an 'a'.
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Ethical Systems and Legal Ideals.
The Philosophical Review, 1934Walter J. Shepard, Felix S. Cohen
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Bringing discursive ideals to legal facts
Philosophy & Social Criticism, 2014In Between Facts and Norms (1992) Habermas set out a theory of law and politics that is linked both to our high normative expectations and to the realities consequent upon the practices and institutions meant to put them into effect. The article discusses Hugh Baxter’s Habermas: The Discourse Theory of Law and Democracy and the drawbacks he finds in ...
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