Concepts of Positive Legal Responsibility in the Russian Jurisprudence

Lipinskiy, Dmitriy

doi:10.12737/4451

Cited by 4 publications

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“…Both the right to legal defense and the right to self-defense are regarded as inherent to each person since his birth regardless of whether he is or he is not the citizen of a certain state. When implementing this right a person should realize its reasonability, necessity and his responsibility for his actions in this sphere (Lipinskiy, 2014).…”

Section: Resultsmentioning

confidence: 99%

Legal Self-Defense: Yesterday, Today, and Tomorrow

Уздимаева¹

2016

ERSJ

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This paper presents a detailed analysis of legal self-defense as a complex legal category and is in demand not only at the modern stage of existence of state-organized civilizations but also in the past. Essential parameters of self-defense are studied due to which self-defense is characterized as scientific construction, subjective right, legal activity, form of protection of violated right, special legal measure, and complex legal institution. Such multi aspect characteristics of self-defense require close attention in order to increase efficiency of further application (from theory to normative consolidation and practical implementation). Tendencies in normative regulation of self-defense beginning from savagery (Talion principles) through the Middle Ages, in bourgeois states and up the present time are depicted. The author compares the limits of self-defense that were established during various historical epochs. For example, primitive self-defense is acknowledged as the most inhuman and violent. It is associated with group interests of a tribal community. In the Middle Ages the limits were established considering self-defense application by sole discretion of the subject, that was why the state began to ask for help third parties and official mediators to act between the person and the state. Moreover the sphere of self-defense here is getting narrow here to prevent unrestrained arbitrary actions. During bourgeois epoch legal regulation of self-defense was much politicized. Its implementation was connected for example with the right to participate in public manifestation, submit a petition etc. Today to some extent the international documents and the Russian legislation regulate it. However, regulation of self-defense is fragmented, so it is necessary to adopt a special act concerning self-defense.

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Section: Resultsmentioning

confidence: 99%

Legal Self-Defense: Yesterday, Today, and Tomorrow

Уздимаева¹

2016

ERSJ

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Psychological Aspects of Deformations of Legal Consciousness and Legal Liability

et al. 2022

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<p>The article studies various forms of legal consciousness deformations in its connection with the positive legal liability and legal awareness. The presented research material justifies the somewhat schematic approach to the study of subjective aspects within the legal liability. The authors identify the dialectical contradictions between legal liability and formal legitimate behavior; legal liability and irresponsibility with legal nihilism and idealism. It is concluded that such phenomena as idealism and misunderstood legal regulation objectives characterize the distorted subjects’ legal awareness with its external formally legitimate behavior and internal irresponsibility. It has been also substantiated that legal idealism, excessive institutional law-making and public relations regulation form the internal responsibility due to the bureaucratization and false objectives achievement in legal regulation.</p>

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Conceptual Foundations of Positive Responsibility: Legal Aspect

Malina

2023

Lex Russica

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The paper examines the main theoretical approaches to understanding the phenomenon of the rule of law and determining its essential characteristics, identifies the advantages and disadvantages of the most common points of view of scientists within the framework of scientific discourse devoted to the idea of building a rule of law and the possibility of its real implementation. The author concludes that in a state governed by the rule of law, the binding of power by legislative prescriptions cannot and should not be an end in itself, such a restriction is necessary to fully ensure the rights and freedoms of a citizen, when the state itself really recognizes the highest value of human rights, recognizes their priority. At the same time, attention is drawn to the fact that even the availability of the widest possible range of opportunities for a person to exercise his rights and freedoms does not guarantee the emergence of a desire, an aspiration to actually implement them, is not a guarantee of proactive, responsible legal behavior of citizens.The author proposes to introduce another essential characteristic of the rule of law: its citizens are self-determined, aware of themselves as bearers of positive legal responsibility. The main aspects of the scientific discussion about its essential characteristics and place both within the framework of legal responsibility and in the legal plane as a whole are investigated. The point of view is substantiated, according to which its positive component occupies a rightful place in the structure of legal responsibility: this is the driving force for bona fide participants in legal relations, while it is tied to the legal plane through legal awareness, it relies on it here. It is proposed to consider positive legal responsibility as a form of realization of a developed, mature legal consciousness of a person and its practical significance is shown by the example of a trial with the participation of jurors.

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Concepts of Positive Legal Responsibility in the Russian Jurisprudence

Cited by 4 publications

References 0 publications

Legal Self-Defense: Yesterday, Today, and Tomorrow

Legal Self-Defense: Yesterday, Today, and Tomorrow

Psychological Aspects of Deformations of Legal Consciousness and Legal Liability

Conceptual Foundations of Positive Responsibility: Legal Aspect

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