Implementation of traditional Russian spiritual and moral values in the legal system
DOI:
https://doi.org/10.21638/spbu25.2024.302Abstract
Until the first half of the 20th century, jurisprudence practically did not face with the concept of values. Being focused on analysis of legal acts, which rarely referred to values, the continental jurisprudence used to put the latter outside the legal reality. As a result, traditional dogmatic jurisprudence was focused on the development and systematisation of other concepts, e.g. legal norms, legal relation etc. At the same time, recent decades have been marked by a sharp increase in the role of values in legal regulation. Reference to values in legal acts has become commonplace, including in Russia. Thus, the Foundations of State Policy on Preservation and Strengthening of Traditional Russian Spiritual and Moral Values implemented in the Russian legal system a number of values, the content of which requires clarification. This raises a number of serious questions for the Russian jurisprudence related to the recognition of values as a basis for legal regulation. Among them, the main problems are the content of traditional values, as well as the ways of their embodiment in the legal system. The article attempts to resolve these current problems by outlining the legal content of Russian traditional spiritual and moral values, as well as the ways of their implementation in the Russian legal system. The authors of the article first reveal each of the values from the point of view of its legal content, and then describe the possible and existing ways of its embodiment in the domestic legal order.
Keywords:
values, traditional values, traditional spiritual and moral values, axiology, strategy documents
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