'Law and Morals: Derivation of the Union' Philosophy and Culture nbpublish.com
Eng During last 365 days Approved articles: 1856,   Articles in work: 390 Declined articles: 397 

Paleev, R. N. Law and Morals: Derivation of the Union

Published in journal "Philosophy and Culture", 2014-12 in rubric "Philosophy of law", pages 1845-1854.

Resume: In his article Paleev examines the drivers of social development. Discussing this question with the other researchers in the Literaturnaya Gazeta, he insists on economic interests being include in the list of drivers of the modern progress. Based on contemporary researches of respected economists, Paleev demonstrates that the idea of the value of interests have a very long history. Many European philosophers criticized human passions. Greed and money-making were considered to be sins. However, gradually the critics turned into some kind of an apology of vested interests. Such a swing-round in opinions eventually led to the creation of capitalism. Different interpretations of capitalism competition often raise conservative moods and make us idealize the times of human passions when the world had that magic about it. However, the modern world would not survive without the idea of entrepreneurship, competition and selfish interests. Therefore Paleev concludes that there are the three factors that are important for the reinforcement of social dynamics: social interests, law and morals, i.e. moral values. The method of the analysis used by the author is closely related to the principle of historicism. Paleev tries to describe the development of these questions in the history of European philosophy. At the same time, the researcher bases his study on axiological principles. By doing so, he analyzes modern systems of values. Finally, the researcher also uses the methods of phenomenology that allow to define the nature of the basic grounds of law studies. The novelty of the article is caused by the fact that Paleev criticizes the philosophers who, first of all, ignored the key role of economic interests in the dynamics of the modern world. Paleev also argues against the concept of controversial values and law. According to the researcher, it would be wrong to focus on only one factor as prevailing and most efficient. Paleev establishes that not the opposition but the union of values and law is important for the social development. The researcher shows that this statement can be proved if we appeal to the history of political and legal ideas. Therefore, stable social development depends not on the reinforcement of one of the above mentioned factors but on their balance and collective use.

Keywords: philosophy of law, studies of law, law, politics, values, standards, capitalism, globalization, social dynamics, morals.

DOI: 10.7256/1999-2793.2014.12.13598

This article can be downloaded freely in PDF format for reading. Download article

Viko Dzh. Osnovaniya novoy nauki ob obshchey prirode veshchey. M., Kiev, 1994.
Voevodina Tat'yana. Pravo i dusha // Literaturnaya gazeta. 2014. 04 iyunya. 22(6465).
Gegel' G. Filosofiya prava. M.: Mir kn.: Lit., 2009.
Gel'vetsiy K.A. Ob ume // Gel'vetsiy K.A. Sochineniya v 2-kh tt. M., 1974. T. 1.
Gurevich P.S. Filosofskaya interpretatsiya cheloveka (K 80-letiyu prof. P.S. Gurevicha). SPb.: Petroglif, 2013.
Gurevich P.S. Etika. 2-e izd., pererab. i dop. M.: Yurayt, 2013.
Dil'tey Vil'gel'm. Vozzrenie na mir i issledovanie cheloveka so vremen Vozrozhdeniya i Reformatsii. M., Ierusalim, 2000.
Spinoza B. Etika // Spinoza B. Sochineniya v 2-kh tt. SPb., 1999. T. 1.
Ustimenko E. Neistrebimye fiktsii // Literaturnaya gazeta. 2014. 02 iyulya. 26(6469).
Khirshman O. Strasti i interesy. Politicheskie argumenty v pol'zu kapitalizma do ego triumfa. M., 2012

Correct link to this article:
just copy this link to clipboard