Light and shadows of the law. Reflections on the monograph of professor А. I. Isayev, «The shadow side of the law. Irrational in the law» (Moscow: prospect, 2015. 368 p.)
Article represents the critical notes of authors left on fields of the book devoted to research of questions of law-creation through a prism of the transcendental categories “myth”, “mysticism”, “magic”, which according to professor I. A. Isayev, have in many respects predetermined the course of formation and development of the European law and the political and legal ideas corresponding to him. Genesis of the European law in the reviewed research is considered within three large-scale temporary periods of the elements correlated to consistently replaced ideas of the law from the point of view of contents in him mythological, mystical and magic outlooks, including the Ancient world and Antiquity, the Middle Ages, Modern times with his Renaissance and Enlightenment. Finding out an essence of the lifted I. A. Isayev of a problem, authors note that introduction to such rationalized sphere of human community as legislative process, concepts “a mythologization and mystification of the law”, giving to the law of mainly supra-social character, consideration of the person as subject of process of law-creation as the supernumerary isn’t always justified only. Objecting I. A. Isayev in his statements about the irrational content of the law, authors of the present article give the following counterarguments: in many respects the objective law is caused by the public interest, which is been his basis; content of the law is determined by economical political factors; the state law finds the fixing in the adopted and issued acts; the objective law shows the influence through system of incentives and restrictions. The authors of article summarize, that the irrational view of I. A. Isayev of the content of the law is predetermined by naturalistic liking of the scientist, which he takes for the law as the phenomenon.
right, law, justice, legal naturalism, legal positivism, power
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