Totalitarianism and Liberalism in the Paradigms of Law Understanding

Authors

  • Вадим Антонченко Санкт-Петербургский университет ГПС МЧС

Keywords:

state, democracy, law, legislation, liberalism, society, law, legal understanding, legal culture, human rights, positivism, humanism, totalitarianism.

Abstract

The reason for the study was the increased attention of society and legal science to the determination of the legal systems of various states, the role of law in public relations and its relationship with the state. In the conditions of socio –political and legal evolution, the issues of legal understanding become of great practical importance, occupying a central place in the legal culture of society. Different approaches to law create a certain legal practice that affects the daily lives of people, the well-being of society and the security of the state. The article is devoted to the study of the most relevant approaches in the understanding of law and their implementation in the conditions of totalitarian and liberal political regimes. The choice of extreme forms of well-known political regimes for the purposes of research is not accidental: the ideologies underlying them form a person's attitude to the surrounding reality and directly affect the socio-cultural and value perception of law and related phenomena and processes. The comprehension of the spiritual– moral and rationalistic aspects of law in the conditions of ideologically opposing political regimes allows us to penetrate deeper into its nature, which influences legal policy. The author concludes that a necessary condition for the well-being of citizens, the formation of a just society and a stable secure state is inevitably the actualization of the social role of law, a harmonious combination in legislation and reflection in law enforcement of natural law and positivist approaches.

Published

2022-10-03