Preview

Lex Russica

Advanced search

Dialectics of Law and Coercion in the Context of Contemporary Challenges and the Russian Socio‑Cultural Experience

https://doi.org/10.17803/1729-5920.2025.229.12.010-017

Abstract

The paper examines a central issue of contemporary discourse — the dialectical relationship between law and coercion. The author criticizes the liberal paradigm that reduces this relationship to a binary opposition (antagonism), ultimately describing law as an instrument for safeguarding individual liberty and coercion as a threat. In the author’s view, such an approach leads to a crisis in legal understanding, a disjunction between formal legislation and the deeper foundations of law, as well as a loss of state subjectivity and collective purpose. Conversely, the author advances the view that law and coercion constitute interdependent principles: law necessitates coercion to secure its enforceability, whereas coercion necessitates law to confer legitimacy upon its application. The key to their harmonious synthesis, according to the author, lies in taking into account the national socio-cultural context. Using the Russian tradition as an example, the author elucidates the model of «law mastery over coercion», in which law is intended not merely to limit coercion, but to imbue it with higher ideals of truth, justice, and the common good, rooted in the collective historical experience. The main conclusion is that the strength of Russian law depends on its rootedness in national identity and traditional values, which necessitates a corresponding transformation of legal education and legal doctrine.

About the Author

S. V. Kabyshev
State Duma of the Federal Assembly of the Russian Federation
Russian Federation

Sergey V. Kabyshev, Cand. Sci. (Law), Associate Professor, Professor, Department of Constitutional and Municipal Law, Kutafin Moscow State Law University (MSAL), Honored Lawyer of the Russian Federation, Chairman of the State Duma Committee on Science and Higher Education of the Federal Assembly of the Russian Federation

Moscow



References

1. Fukuyama F. State Building. Governance and World Order in the Twenty-First Century. Moscow: AST Publ.; 2006. (In Russ.).

2. Ilyin IA. Resistance to evil by force. Moscow: Russlaya kniga (Publ.), 1996. (In Russ.).

3. Ilyin IA. About the essence of legal awareness. Moscow: Rarog Publ.; 1993. (In Russ.).

4. Ilyin IA. The concept of law and force (attempted methodological analysis). Moscow: Tipo-lit. t-va I.N. Kushnerev i K. Publ.; 1910. (In Russ.).

5. Lapaeva VV. Prospects for the Formation of a Russian State-Civilization in the Focus of a Philosophical-Law Approach. The State and Law. 2025;1:7-15. (In Russ.). DOI: 10.7868/S3034543X25120018.

6. Lazarev VV. On the Integrative Understanding of Constitutionalism. Journal of Russian Law. 2023;6:39-53. (In Russ.). DOI: 10.12737/jrp.2023.050.

7. Nefedov BI. When And Why the Doctrine of A «Rules-Based International Order» Emerged. Moscow Journal of International Law. 2024;3:6-16. (In Russ.).

8. Velyaminov GM. International law: experiments. Moscow: Statut Publ.; 2015. (In Russ.).

9. Zorkin VD. Law of Force and the Force of Law. The Judge. 2015;8:49-59. (In Russ.).

10. Zorkin VD. Lectures on law and the state. St. Petersburg: Constitutional Court of the Russian Federation; 2024. (In Russ.).


Review

For citations:


Kabyshev S.V. Dialectics of Law and Coercion in the Context of Contemporary Challenges and the Russian Socio‑Cultural Experience. Lex Russica. 2025;78(12):10-17. (In Russ.) https://doi.org/10.17803/1729-5920.2025.229.12.010-017

Views: 166

JATS XML


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


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