Олег Емельянович Кутафин (1937–2008)

Аннотация: This work deals with the high priority issue of social solidarity. The problem is analyzed widely: psychological, political, legal aspects of solidarity have been studied. Much attention is paid to review of legal “solidaristic,” geopolitical, anthropological and other solidarity concepts. There have been studies of different opinions related to establishment of borders, localization of political space, specifics of political institutes, involvement of political emotions and fantasies. Together with the study of political and legal specifics of solidarity as a phenomenon and a condition, its metaphysical and philosophical basis have been investigated. In the process of deep study of the subject (the author used such studies in his investigation), deepest aspects of solidarity go to the foreground. It becomes obvious that the tendency and unrecognized desire to integrity, unity and corporativity appear in the very nature of social: solidarity becomes initial in relation to all the rest of division, differentiation and individualization processes. Ultimately, even localization and division processes lead in the end to the following, large-scale or even global cooperation. The work analyzes the most important statements of theories that prioritize the solidarity and unity problem. Naturally, the most attention is paid to socalled “juridical solidarity,” that developed theoretical and legal basis for investigation of solidarity issues. Another influential intellectual movement that put the problem of global solidarity and unification to the foreground was geopolitics. Unfortunately, modern legal theory does not pay enough attention to both ideas: the first one has been almost forgotten, the second one just started to be extensively recognized. Solidarity in some sense is an imagery category. The ideal complete solidarity has never existed anywhere, therefore, it served only as a slogan or call. To some degree, the social unity can be achieved, it is indicated by the previous results of numerous social experiments such as building of empires, unions, “reichs,” communities etc. Inseparably, solidarity is connected with power; power forms the unity and is created itself by social unity. Set of means used by the authorities (most often it is presented as a state, however, not only as a state) to create and main tain the unity is huge. However, enforcement is used the most, with or without legal forms. Sometimes it is equipped with the set of fine instruments, sometimes it is presented as a brute force: when power grows to the level of a reign, then solidarity becomes a dead mechanism and an unmovable monolith. Solidarity is implemented in small social formations as well as on imperial or global level. Globalization processes cannot skip the solidarity problem. Combination of dynamics and balance (that is also dynamic) helps to provide the desirable order for solidarity. This may be the order of national communities, “large spaces” or global order. Order in particular, social (and legal as its derivation), makes the nature of solidarity, when the whole, naturally dominates upon its parts and cannot be described as only their sum. Thus, integrity, order and unity – these are the main components of solidarity. As we accept this as granted, then we may have a different look at deep processes that take place in modern society, where call to solidarity is seen more clear and where it becomes to be recognized in spite of all disintegrating, demagogic and shallow ideological layers and patterns.

Abstract: This work deals with the high priority issue of social solidarity. The problem is analyzed widely: psychological, political, legal aspects of solidarity have been studied. Much attention is paid to review of legal “solidaristic,” geopolitical, anthropological and other solidarity concepts. There have been studies of different opinions related to establishment of borders, localization of political space, specifics of political institutes, involvement of political emotions and fantasies. Together with the study of political and legal specifics of solidarity as a phenomenon and a condition, its metaphysical and philosophical basis have been investigated. In the process of deep study of the subject (the author used such studies in his investigation), deepest aspects of solidarity go to the foreground. It becomes obvious that the tendency and unrecognized desire to integrity, unity and corporativity appear in the very nature of social: solidarity becomes initial in relation to all the rest of division, differentiation and individualization processes. Ultimately, even localization and division processes lead in the end to the following, large-scale or even global cooperation. The work analyzes the most important statements of theories that prioritize the solidarity and unity problem. Naturally, the most attention is paid to socalled “juridical solidarity,” that developed theoretical and legal basis for investigation of solidarity issues. Another influential intellectual movement that put the problem of global solidarity and unification to the foreground was geopolitics. Unfortunately, modern legal theory does not pay enough attention to both ideas: the first one has been almost forgotten, the second one just started to be extensively recognized. Solidarity in some sense is an imagery category. The ideal complete solidarity has never existed anywhere, therefore, it served only as a slogan or call. To some degree, the social unity can be achieved, it is indicated by the previous results of numerous social experiments such as building of empires, unions, “reichs,” communities etc. Inseparably, solidarity is connected with power; power forms the unity and is created itself by social unity. Set of means used by the authorities (most often it is presented as a state, however, not only as a state) to create and main tain the unity is huge. However, enforcement is used the most, with or without legal forms. Sometimes it is equipped with the set of fine instruments, sometimes it is presented as a brute force: when power grows to the level of a reign, then solidarity becomes a dead mechanism and an unmovable monolith. Solidarity is implemented in small social formations as well as on imperial or global level. Globalization processes cannot skip the solidarity problem. Combination of dynamics and balance (that is also dynamic) helps to provide the desirable order for solidarity. This may be the order of national communities, “large spaces” or global order. Order in particular, social (and legal as its derivation), makes the nature of solidarity, when the whole, naturally dominates upon its parts and cannot be described as only their sum. Thus, integrity, order and unity – these are the main components of solidarity. As we accept this as granted, then we may have a different look at deep processes that take place in modern society, where call to solidarity is seen more clear and where it becomes to be recognized in spite of all disintegrating, demagogic and shallow ideological layers and patterns.