Kutafin University Law Review


In issue 1 on 2016 year

THE DISPUTE BETWEEN BORIS CHICHERIN AND VLADIMIR SOLOVYOV ON THE NATURE OF LAW AND MODERN CONSTITUTIONALISM

DOI: 10.17803/2313-5395.2016.1.5.003-022

Author: Vladimir Kochetkov (Russia)

Rubric: LEGAL TRANSFORMATIONS AND THEORETICAL INSIGHTS

Annotation: The content of the legislation and enforcement in the modern state depends on how we understand the nature of law. Therefore, the article discusses the controversy of Boris Chicherin and Vladimir Solovyov, which took place in the second half of the XIX century. The former was a classic liberal who had connected the essence of law solely with the value of freedom, yet the latter was of an opinion that law was the bare minimum of justice. In this regard, it is important to understand differences between moral norms and the law according to Chicherin. He believed that legal norms defined the outer bounds of freedom, while the moral norms defined the internal requirements of moral duty. In principle, Solovyov was agree, that the idea of freedom and rights generated by commodity-money relations was related to the sphere of private law. But extreme poverty and other adverse social circumstances can easily create insurmountable obstacles to realization of human capabilities. Therefore, these obstacles should be eliminated by ensuring that each person needs not only formal freedom, but also the necessary assistance with its implementation. Examining their views, the author shows that the arguments of these scholars are widespread among modern Russian jurists and philosophers. In order to exclude that opposition of freedom and justice the author offers an axiological understanding constitutionalism as a theoretical form of legal consciousness that connects these values into a creative synthesis.


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Keywords: Constitutionalism, Boris Chicherin, Vladimir Solovyov, legal consciousness, constitutional law, legal classics

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