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The Rebellion can not end with good fortune..." (Legal Base of Revolutionary Myth). Part 2

https://doi.org/10.17803/1729-5920.2018.136.3.167-188

Abstract

The article attempts to identify and analyze the impact of revolutionary ideas, taken to an extremely deep ontological level of existence, on the processes of state and right construction. "Revolutionary peace" or the ideology of the revolution is implemented in the existing legal rules and legal policy. Test analysis can detect some common to all historical revolutions algorithm and patterns. Clarifying legal differences in the assessments of such phenomena as "rebellion", "mutiny", "uprising", etc. it is possible to more specifically denigrate the legal framework of the phenomenon of revolution. The political aspects of this phenomenon became crucial in the evaluation of revolutionary action and transformation, depending on the results of the revolutionary struggle which defined its legitimacy as well. As for the legal grounds of the revolution, their relative nature was obvious. The changing legal terminology through which were used to describe real revolutionary acts and events, to a certain extent was dependent on the actual correlation of forces and the position of the legislature. The struggle marked the beginning of a revolutionary phase of the development that materially changed the principles of public administration, forms of government and legal system of the state. The desire for renewal combined with the use of organizational and constitutive violence. A natural result of the struggle becomes a civil war and the onset of dictatorship, which to some extent can be described in the language of law and jurisprudence. Revolution, which was presented at the global importance and permanence, has become a powerful historical force that influenced the development of all modern world state and legal systems.

About the Author

I. A. Isaev
Kutafin Moscow State Law University (MSAL)
Russian Federation


Review

For citations:


Isaev I.A. The Rebellion can not end with good fortune..." (Legal Base of Revolutionary Myth). Part 2. Lex Russica. 2018;(3):167-188. (In Russ.) https://doi.org/10.17803/1729-5920.2018.136.3.167-188

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