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Title of Article

HISTORICISM AND THE CRISIS OF THE NEW EUROPEAN POLITICAL AND LEGAL TRADITION


Issue
2
Date
2017

Article type
scientific article
UDC
340.12
Pages
123-130
Keywords
 


Authors
Zhdanov P.S.
Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo


Abstract
Key principles of the historical school of law are analyzed from the point of view of their relation to the natural-law concept and to the rationalistic line of thinking in the philosophy of law. The article deals with the problem of correlation of such phenomena as the emergence of historicism in the early 19th century and the crisis of the European tradition of law. It is shown that the emergence of historicism was prepared by the development of the Enlightenment philosophy and, accordingly, did not represent a total departure from the basic principles of the new European worldview. It is demonstrated that, while criticizing the one-sided rationalistic interpretation of law, the historical school nevertheless did not go beyond the new European tradition of legal understanding and proceeded from the cognitive attitudes characteristic of this tradition. The concept of crisis in the field of spiritual culture phenomena is formulated in a generalized form. The conclusion is made that the emergence of historicism was not in itself a sign of the onset of such a crisis.

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