Захарова М.В. Юридический либерализм как культурно-ценностное основание правовых систем

Аннотация: This article looks into the issues of legal liberalism as a universal category of social existence. The phenomenon is being authentically perceived as a system of postulations and restraints of human freedom determined by both external and internal normative (regulatory) universes of personal behavior. The author points out that, in the context of comparative jurisprudence, axiology of two main forms of legal liberalism – collective and individual – would be appropriate. Accordingly, collective legal liberalism is based on the idea of “forced solidarity,” ie solidarity having various determinants (ethnic or religious identity of social commonality, its historical mission, etc). In historical past and present such culture-and-value basis was used during construction of own normative (regulatory) elements of legal systems by traditional societies, clerical and theocratic states as well as states of socialist tint of political color. The individual type of legal liberalism signifies a fundamentally new turn in development of humankind. While the collective variant of liberalism has purely social foundations and is ontologized strictly within the framework of “individual – individual” or “individual – society” structures, its individualistic counterpart acquires supra-positive and metaphysical sense. Indisputable “merits” of that type of legal liberalism are in practical unfolding (development) of ius-naturalism structures. However, one should not forget about the dangers hidden in absolutization of will of a “singular” in society. The main threat contained in legal liberalism of an extreme type of localization is that individual freedom of one social unit is not just postulated but opposed to freedom of other social units. As for the choice in favor of one or another variant of objectification of legal liberalism, it may be determined by both purely national guidelines of legal systems and universal regularities of the global legal field. It looks like in future legal liberalism of both types of objectification is going to continue its route of an “existing phenomenon” in legal systems of the world. And the dynamics of its unfolding in specific political and legal realities will be influenced by both qualitative characteristics of vertical succession (continuity) and the speed rates of its horizontal variant.

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Abstract: This article looks into the issues of legal liberalism as a universal category of social existence. The phenomenon is being authentically perceived as a system of postulations and restraints of human freedom determined by both external and internal normative (regulatory) universes of personal behavior. The author points out that, in the context of comparative jurisprudence, axiology of two main forms of legal liberalism – collective and individual – would be appropriate. Accordingly, collective legal liberalism is based on the idea of “forced solidarity,” ie solidarity having various determinants (ethnic or religious identity of social commonality, its historical mission, etc). In historical past and present such culture-and-value basis was used during construction of own normative (regulatory) elements of legal systems by traditional societies, clerical and theocratic states as well as states of socialist tint of political color. The individual type of legal liberalism signifies a fundamentally new turn in development of humankind. While the collective variant of liberalism has purely social foundations and is ontologized strictly within the framework of “individual – individual” or “individual – society” structures, its individualistic counterpart acquires supra-positive and metaphysical sense. Indisputable “merits” of that type of legal liberalism are in practical unfolding (development) of ius-naturalism structures. However, one should not forget about the dangers hidden in absolutization of will of a “singular” in society. The main threat contained in legal liberalism of an extreme type of localization is that individual freedom of one social unit is not just postulated but opposed to freedom of other social units. As for the choice in favor of one or another variant of objectification of legal liberalism, it may be determined by both purely national guidelines of legal systems and universal regularities of the global legal field. It looks like in future legal liberalism of both types of objectification is going to continue its route of an “existing phenomenon” in legal systems of the world. And the dynamics of its unfolding in specific political and legal realities will be influenced by both qualitative characteristics of vertical succession (continuity) and the speed rates of its horizontal variant.

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