Критика Г. Д. Гурвичем правовых воззрений евразийцев

Известия высших учебных заведений. Правоведение. 2014. № 1. С. 203–214.

Nazmutdinov B.

Based on the writings published in the second half of 1920s, the article focuses on the conceptual debates between sociologist, legal scholar George Gurvitch and the Eurasianists (Nicholas Alexeyev, Leo Karsavin, etc.).

These debates highlightened the competition of two cholistic doctrines: Eurasianism (that substantiated the Social Unity in the geopolitical entity of “Eurasia”) and Gurvitch’s “Theory of Social Law”, which based this Unity in the sociological roots by recognition of legal experience as collective phenomena.

However, Eurasianism, as a doctrine, was pluralisitc. Collectivist tendencies, which revealed in the writings of Leo Karsavin and Nicholas Trubetskoy, were balanced by apology of Individualistic Personality in the articles of Nicholas Alexeyev an Petr Savitsky. That’s why the research reveals not only the distinctions, but also the common features between legal views of the scholars. Gurvitch’s ideas were close to the Alexeyev’s views in the point of recognition of “values” in Law and “imperative-attributive” character of Law.  Gurvitch’s conceptions are also similar to the “Alleinheit” theory of Leo Karsavin in emphasizing the collectivist grounds of Law. These similarities were based on the nearness of Eurasianism and Gurvitch’s ideas to the Russian Religious Philosophy, the Psychological theory of Leon Petrazhitsky and the European Phenomenology.

Keywords: социализм, собственность, евразийство, phenomenology, socialism, правопонимание, property, eurasianism, феноменология права, legal interpretation