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Article

«Правовая структура» Н. Н. Алексеева в контексте идей об особой структуре «Евразии»

The concept of legal structure is important for the commucative legal theories, because it helps to find out basic elements in Law, which cannot be reformed intentionally by governmental activity. The paper focuses on the model of legal structure in the writings of Russian legal scholar Nicholas Alexeyev (1879–1964), which affected the communicative theory of Andrei Polyakov. The article analyses structural method in the Eurasianist writings, “legal structure” in the legacy of Alexeyev and the development of this concept in the context of Russian Eurasianism during 1920s and 1930s. The transpositive “legal structure” reveals new sides in prism of views on the Eurasia’s uniqueness.

Alexeyev, who turned to the Eurasianism in 1926th is not Eurasianist sensu stricto. However, the “spaceness” of this “structure” is similar to Eurasinist views on Russia-Eurasia as a specific place. Eurasianists also favoured Alexeyev’s rejection of reduction of Law to other basis. They denied the attempts to reduce Eurasia to Europe or Asia; Alexeyev did the similar things according to Law; he refused the reduction of Law to “sovereign’s command”, “form of freedom” or “social experience”. These similarities could be explained by the closeness between Eurasianist protostructuralism and phenomenological method of Alexeyev. This closeness influenced the development of Alexeyev’s legal views in frames of the Eurasian movement.