Критические концепции государства и их значение для российской юриспруденции: введение в проблематику

Lex Russica (Русский закон). 2020. № 6. С. 122–138.

Nazmutdinov B.

“State” is usually recognized as a fundamental political concept in legal consciousness. It is often “excluded” from history: ancient and modern political concepts are often united under the one umbrella term without underlining the crucial discrepancy between them. This paper emphasizes the distinction between “universalist” and “critical” approaches to “State”. “Universalists” are trying to detect the birth of “State” in the second millennium BC, interconnect origins of “Law” and “State”. Critical approaches highlight the historical contextuality of emergence of State that was a unique social institute which appeared in Europe during the early Modern Times. In the second approach, Law becomes a phenomenon which existence has not been determined by the State for a long time.

Keywords: критическая теория, critical theory, признаки государства, State, сharacteristics of the State, понятие государства