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Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences / Publications / Sergei S. Alekseev: from Philosophy of Law to the Human Constitution
Sergei S. Alekseev: from Philosophy of Law to the Human Constitution
UDC 321:342
Rudenko V.N. Sergei S. Alekseev: from Philosophy of Law to the Human Constitution // Philosophical Reflection on Historiographical and Prospective Tasks of Contemporary Public Law: Collection of Scientific Papers Based on the Outcomes of the First International Scientific Conference to Mark the Centenary of Sergei S. Alexeev (Ekaterinburg, 14 November 2024) / Editor-in-Chief V.N. Rudenko; Ural Branch of the Russian Academy of Sciences; Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences; Institute of State and Law, Russian Academy of Sciences.– Ekaterinburg: Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences, 2024.– P. 9-17.
The article is dedicated to the philosophical views of Sergei S. Alekseev, an outstanding Russian legal scholar and organiser of science. In particular, the discussion considers the question of lawful freedom and Alekseev’s understanding of the purpose of law in achieving this freedom. The article discusses Alekseev’s key philosophical views and ideas, which determined his general theory of law and understanding of the problems of constitutionalism in Russia. Alekseev’s deep and systematic analysis of Kant’s views on legal issues and demonstration of a holistic Kantian legal doctrine have a pre-eminent position in Russian legal science and an important global dimension. In developing Kant’s ideas, Alekseev substantiated the value of law in modern society. To this end, he deeply rethought – in essence, reintroducing into scientific circulation – the categories of “pure right” and “human rights”. Thus, Kant’s legal theory underpins Alekseev’s advancement of a liberalist approach to law, which is manifested in the idea of human rights as objective rights, in the permissive nature of the law itself, and in the need to develop a rule-of-law society. The article also shows the organic connection between Alekseev’s philosophical ideas and his notions about the constitutional process, which are expressed in his formulation of the concept of the Human Constitution.
