Philosophical and anthropological foundations of law in light of the ideas of the outstanding scientist Sergei Sergeevich Alekseev

Introduction. The article is devoted to the scientific legacy of the outstanding scientist and politician Sergei Sergeevich Alekseev in the development of the philosophical foundations of the theory of law. His scientific work is a notable phenomenon in the legal life of the country. The founder of the Ural scientific school in the theory of state and law, corresponding member of the USSR Academy of Sciences, head of the Institute of Philosophy and Law of the Ural Branch of the USSR Academy of Sciences, S. S. Alekseev was one of the main developers of the Constitution of the Russian Federation. He played a prominent role in creating the foundations of the rule of law in Russia. Theoretical analysis. The philosophical heritage of the scientist, the philosophical and anthropological doctrine of law, where its extra-legal foundations are identified and its role and significance are rethought, were analyzed. The author’s main provisions on the beginning of initial rights were revealed. The substantiation of the scientific process of the ascent of positive law with the gradual growth of its natural-legal coordinates was considered. The ethno cultural certainty of law was distinguished in the doctrine of S. S. Alekseev, with an appeal to the biological nature of man, his mindset and mentality. Empirical analysis. The modernity of the scientist’s ideas in relation to the present was highlighted. Based on the empirical material of the normative consolidation of the customs of the peoples of the country, the idea of confirming the doctrine of S. S. Alekseev on the conditions of the effectiveness of law, taking into account the philosophical and anthropological component, was substantiated. The connection of the scientist’s doctrine with the current urgent problems of saving the peoples of Russia was established. Results. The philosophical foundations of legal anthropology deepen, concretize and develop knowledge about law as a specific social phenomenon. The philosophical and anthropological aspect makes it possible to discover the dialogic structure of law, where its moral component can be traced. The merit of the scientist in developing the doctrines of not only law as an idea in its universal understanding, but also national law was demonstrated. It was revealed that the value of each legal norm and law will manifest itself if it corresponds to the dynamics of public life and the tasks set for the transformation of society.

philosophical and anthropological doctrine, idea of law, dogma of law, biological nature, natural law, positive law