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LEX RUSSICA (РУССКИЙ ЗАКОН)  / №8 2015

ON JUSTICE: WILHELM VON HUMBOLDT vs. FYODOR M. DOSTOEVSKY (176,00 руб.)

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Первый авторХайруллин
Страниц13
ID402697
АннотацияThe research subject is justice in its narrower and broader senses. Human culture is aware of a number of categories that throughout its long history have been referred to the positive values. Such notions as humanism, truth, verity and justice belong here. Many spears have been broken in an atetmpt to define them: the investigations have gone as a hot line all through the history of humankind — starting with Ancient Greece and further on — through the Middle Ages up to the present time. The research method is primarily confined to a legal comparative one, which proves efifcient for the purposes of the present paper. The scholarly innovativeness is in the topic itself, since the paper discusses two of the lesser known approaches to justice — one by the 19century German lawyer, philosopher and philologist W. Humboldt and the other by one of the greatest Russian minds of the 19century F.M. Dostoevsky. The basic conclusion of the article is that it draws atetntion to the problem of justice as it was tackled by W. Humboldt and F. Dostoevsky, and fills in the niche in legal studies.
Хайруллин, В.И. ON JUSTICE: WILHELM VON HUMBOLDT vs. FYODOR M. DOSTOEVSKY / В.И. Хайруллин // LEX RUSSICA (РУССКИЙ ЗАКОН) .— 2015 .— №8 .— С. 107-119 .— URL: https://rucont.ru/efd/402697 (дата обращения: 19.04.2024)

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Хайруллин* ON JUSTICE: WILHELM VON HUMBOLDT vs. FYODOR M. DOSTOEVSKY Review. <...> The research subject is justice in its narrower and broader senses. <...> Many spears have been broken in an attempt to define them: the investigations have gone as a hot line all through the history of humankind — starting with Ancient Greece and further on — through the Middle Ages up to the present time. <...> The research method is primarily confined to a legal comparative one, which proves efficient for the purposes of the present paper. <...> The basic conclusion of the article is that it draws attention to the problem of justice as it was tackled by W. Humboldt and F. Dostoevsky, and fills in the niche in legal studies. <...> The pursuit for justice started at the dawn of time, it goes back to antiquity and namely to ancient Greece. <...> In his Republic he demonstrated that there must exist an idea of justice that allows people in various political systems to recognize actions as just or unjust3 After Plato, the notion was discussed by many a . philosopher. <...> One of the most reputed theories was 1 of Copenhagen Law Faculty. 2001. <...> P. 120, 122. 2 3 Krarup O. Justice and Legal Seismology // Blume P., Ditlev., Vibeke V. (eds.) Suum Cuique: Legal Studies from the University Bondeson U.V. Nordic Moral Climates. <...> A similar approach emerges in Ulpian’s famous definition of justice as the constant and eternal will to give each his due: «Iustitia est constans et perpetua voluntas ius suum cuique tribuendi»4 . <...> These preliminary remarks are relevant since although my paper is about Wilhelm von Humboldt as a representative of Western legal culture and Fyodor Dostoevsky as a representative of the Russian culture, both these cultures emerged from very similar backgrounds. <...> Both Russian and Western legal history must be recognized as having a common source in antique philosophy and Roman law5 . <...> Keeping all this in mind, I should like to proceed with the discussion of Wilhelm von Humboldt’s conception of justice. 4 hagen: DJШF Publishing, 1997. <...> Tamm D. Roman Law and European Legal History. <...> The Formation of the © Hairullin, V.I., 2015 * Hairullin, Vladimir Ihsanovich — Doctor of Philology, Professor, Head of the Department <...>