The rule-of-law state in the mental dimension

About the author:

Fanis M. Rayanov,

Abstract:

For the first time in the Russian theoretical science of law the ideas of the rule-of-law state are comprehended from the mentality point of view. The correlation between the ideas of the rule-of-law state and the moral and spiritual values of the people is thoroughly reviewed. The author employed a new approach to estimate the standoff between the Slavophiles and the Westernisers. From the positions of the new trends in legal thinking on the post-Soviet stage (works of S.S. Alekseyev, V.S. Nersesyants) the foundations of legal consciousness and legal education are comprehended. The idea of the substitution of the "law of force" with the "force of law" which was put forward by V.S. Solovyov is reviewed with regard to the conditions of the rule-of-law state formation in present-day Russia. The correlation between the law and politics is also reviewed. The author criticises the current situation as the supremacy of law is still not established and the politics still runs the show here. The idea of a deeper approach to the understanding of the essence of the positive law in Russia, its links with the unalienable natural rights and freedoms of a person is given grounds.

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