Preview

Lex Russica

Advanced search

V. S. Solovyov and L. N. Tolstoy: Two Opinions on Law and Morality

https://doi.org/10.17803/1729-5920.2021.176.7.139-147

Abstract

The paper deals with the problem of the correlation of law and morality as the most important social regulators in the interpretation of two outstanding thinkers of pre-revolutionary Russia, namely the religious philosopher V. S. Solovyov and the writer L. N. Tolstoy. In a sense, both were “iconic thinkers”, had a huge army of admirers, as well as critics. Of interest is the fact that L. N. Tolstoy studied at the Faculty of Law of the Kazan Imperial University, but did not graduate from it. It was during his student years that he formed an extremely negative view of law and legal professions. In this regard, Tolstoy can safely be counted among the representatives of the so-called theoretical legal nihilism, whose supporters sought to justify the denial of the value of law by conceptual argumentation in a way they understood it. V. S. Solovyov, on the contrary, treated the law more positively than negatively. However, he qualified the law as a “minimum of morality”, and considered the state to be “organized pity”. Nevertheless, in the professional academic environment, V. S. Solovyov enjoyed the reputation of a person who was deeply versed in law and understood its role in a state-organized society.
The paper notes some similarity of the theoretical views of V. S. Solovyov and L. N. Tolstoy. Law and morality occupy an important place in their ideological constructions. It seems that their ideas to some extent have not lost their significance today

About the Author

A. V. Kornev
Kutafin Moscow State Law University (MSAL)
Russian Federation

Arkadiy V. Kornev, Dr. Sci. (Law), Professor, Head of the Department of Theory of State and Law

ul. Sadovaya-Kudrinskaya, d. 9, Moscow, Russia, 125993



References

1. Berlin I. Istoriya svobody. Rossiya [The history of freedom.Russia]. Moscow; 2001. (In Russ.).

2. Gandhi M. Moya zhizn i vera [My life and faith]. Moscow; 2018. (In Russ.).

3. David R, Geoffrey-Spinozi C. Osnovnye pravovye sistemy sovremennosti [The main legal systems of our time]. Moscow; 1996. (In Russ.).

4. Rozanov VV. O sebe i zhizni svoey [About myself and my life]. Moscow: Moskovskiy Rabochiy; 1990. (In Russ.).

5. Solovyov SM. Vladimir Solovyov. Zhizn i tvorcheskaya evolyutsiya [Vladimir Solovyov. Life and creative evolution]. Moscow; 1997. (In Russ.).

6. Solovev VS. Opravdanie dobra [The justification of the good]. 2nd ed., suppl. and rev. Moscow; 1899. (In Russ.).

7. Tolstoy LN. Utro pomeshchika [Morning of the landowner]. Moscow; 1985. (In Russ.).

8. Turner FM. Evropeyskaya intellektualnaya istoriya ot Russo do Nitsshe [European intellectual history from Rousseau to Nietzsche]. Moscow; 2016. (In Russ.).

9. Toynbee AJ. Tsivilizatsiya pered sudom istorii [Civilization before the court of history]. Moscow; 2003. (In Russ.).

10. Shmelev I. Vospominaniya [Memories]. Moscow; 2019.


Review

For citations:


Kornev A.V. V. S. Solovyov and L. N. Tolstoy: Two Opinions on Law and Morality. Lex Russica. 2021;74(7):139-147. (In Russ.) https://doi.org/10.17803/1729-5920.2021.176.7.139-147

Views: 433


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)