Actual Problems of the Theory of State and Law in the Works of German Lawyers of the Late XX – Early XXI Century

Abstract

The importance of the theory of state and law as a basic fundamental legal science is generally recognized in European jurisprudence. This is especially true for the countries of the Romano-German legal family. The article shows the points of view of famous German jurists, philosophers, sociologists on topical issues of the theory of state and law. It is important to study the basic theoretical and legal views of representatives of the German law school, since they, along with scientists from other countries, have made a significant contribution to the development of theoretical and legal science. The purpose of the article is to draw the attention of the Russian legal community to the works of German lawyers that have not been fully translated into Russian. The article begins with a description of the problems of methodology and justification of the chosen comparative legal research method. In relation to the theory of the state, the issues of global constitutionalism, problems of state sovereignty, changes in the role of the state in modern society, the emergence of new functions for the state, the theory of the liberal state and its criticism are considered. The problems of the theory of law raised in the article relate to the issues of the system and self-production of law, legal interpretation and non-legal interpretations, the limits of legal regulation, legal positivism, concretization in law, judicial lawmaking, the views of the Frankfurt School. Attention is paid to the problem of the value justification of law and sociocultural factors in law, the relationship between law and culture. The article may be of interest to specialists in the field of theory of state and law and comparative law.