LEGAL NIHILISM AS A BORDERLINE PHENOMENON LEGAL NIHILISM AS A BORDERLINE PHENOMENON

Nesterov Oleg A., Boyko Pavel E.

Annotation

ThРµ article contains a philosophical study of the spiritual nature of legal nihilism. The author shows that the universal and necessary nature of this phenomenon cannot be revealed by giving even the broadest list of active causes of its occurrence and spread. This nature of legal nihilism can be understood through systematic learning of the idea of moral spirit. This article provides insight into the borderline nature of legal nihilism. This is done by analyzing the initial theoretical assumption on which the empirical consideration of legal nihilism is based. This assumption is the initially supposed unity of free intelligent will and individual will. Further consideration of the problem proves that this spiritual and practical unity is genuine subject that fulfills its substantial content in law, field of self-determination of moral subjects and in moral, mutual dialectical negativity of which underlies legal nihilism. Therefore, rational understanding of the essence of legal nihilism is impossible without disclosing the dialectical negativity. The author comes to the conclusion, that legal nihilism in its essence acts as a borderline phenomenon, in which free intelligent will makes the transition to the universality of the legal order of the modern world. Cognition of the spirit of this moral and legal universality is the most important task of our time.

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