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The article presents a critical analysis of philosophical-legal conceptions by Boris Petrovich Vycheslavzeff (1877–1954) on the material of his works “The Heart in Christian and Indian Mysticism”, “The Ethics of Transformed Eros”, “Philosophical Poverty of Marxism”, “Crisis of Industrial Culture”, “The Eternal in Russian Philosophy”. This Russian jurist-philosopher shared the postulate about deep-rooted law in religion, which, as he believes, is extraordinary various, either on its genesis or its actuality. Every religion contains the idea of truth and justice, which possesses highest strength and becomes outer and inner regulator of human actions. As an outer regulator, law appears in prohibitions, as an inner regulator – in counteraction with them. The conflict of authority and liberty composes permanent theme of individual life and life of people. Political-legal organizations arise and function as specifically-historical mechanisms of solution of this conflict. European civilization was formed by Christianity, and its highest expression is in democratic law state which antipodes are fascist and communist ideocratic states. These states are based on pseudo-religious and anti-Christian Nazi and Marxist doctrines. In spite of Vycheslavzeff, the real Nazi and democratic political-legal organizations arise in one and the same Christian culture-historical conditions and appears to be legal or party type of states. In the state of party type the political-legal ideology of radical orientation is idolized, but in the state of legal type ideologies by centrist-moderation orientation dominate. The pendulum-like alternation of these types in the same native political systems is inevitable because genuine Christian ideas of truth and justice do not link them to the earth reality.  

Keywords: B.P. Vycheslavzeff, religious roots of law, legal state, party state, authority, law

DOI: 10.22250/2072-8662.2020.1.101-113

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About the author 

Anatoly P. Gerasimenko – DSc (Philosophy), Professor at the Department of Theory and History of State and Law
of the Amur State University; of. 401,build. 8, 21 Ignatievskoe shosse, Blagoveshchensk, Russia, 675027; This email address is being protected from spambots. You need JavaScript enabled to view it.