Козлова Е.И. Обоснование новых концепций российской Конституции в правовой теории

Аннотация: The founding fathers of narodnichestvo – A.I. Herzen, N.P. Ogarev. N.G. Chernyshevskii dealt with the prospects of state and law development in the general context of socioeconomic progress. The ideas of freedom and democracy are interwoven in their works with the concepts of a social state, and the problems of constitutional law – with problems of social and labor legislation. In the second half of the 19th century, there came into a sharper focus in Western Europe the discussion on the degree of involvement of a state in economic activity. N.G. Chernyshevskii was one of the first ideologists in Russia to join the polemics between the adherers and opponents of “laissez-faire” – motto of economic liberalism. His conclusions were supported and developed further by other ideologists of the Russian narodnichestvo. Chernyshevskii regarded the “laissez-faire” principle as a derivative from “optimistic philosophy” of the 18th century that gave rise to the concept of a possibility of capitalist economy self-regulation. However, subsequently, economic crises and sharp social conflicts contradicted the theories on “natural movement of everything towards the better” and the “invisible hand” directing private benefit to the general good. While sharing the “benign truths” of economic liberalism, Chernyshevskii thought it was inadmissible to turn liberal ideology into a system of indisputable doctrines of capitalism that retard social progress. He realized eventually that the argument between the advocates of noninterference of a state in economic relations and their opponents has no unambiguous solution because there had always existed both trends in economic and political life as well as in public opinion: both towards more active state management of the economy by the state and minimizing such management. “Reasonable participation of the state in economic affairs and “initiative on the part of private activity” should not rule out, but, rather, are to supplement each other, stressed Chernyshevskii. An optimum combination of the two is not something given once and for all: it will have to be sought in each particular situation, at each historic moment. The state, Chernyshevskii insisted, cannot but have some influence on the economy. The question is: will that influence be transparent and in the interests of the entire society, or will it be tacit – in the interests of plutocracy connected with the government circles? Chernyshevskii believed that what was required was not the “Utopian system of non-interference,” but determining the reasonable limits for unavoidable interference.” The government should not deal with matters that can be settled without its assistance. However, where there arises the threat of heavy economic losses and crucial social injustice, “reasonable participation of the government” is necessary. When he was talking about the “limits” of state interference in economic and social relations, N.G. Chernyshevskii was not an etatist, but, rather, a humanist. According to him, “interference” is unjustified when it leads to sacrificed rights of an individual in order to satisfy the whims of the state,” and it is legitimate when it serves to widen the range of human rights, their guarantees and subjects. The founding fathers of Russian narodnichestvo supported those demands of legislative and financial measures required to improve the life of the peoples’ masses that were put forward in the advanced countries of the West. Herzen, Ogarev and Chernyshevskii were among those thinkers of the 19th century who, being guided by human rights of man and citizen, referred to afterwards as the “rights of the first generation,” started the struggle for socioeconomic “rights of the second generation.” In these matters, the stance of the founding fathers of the Russian narodnichestvo fits in the history of the development of the European sociodemocratic and labor ideology.

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Abstract: The founding fathers of narodnichestvo – A.I. Herzen, N.P. Ogarev. N.G. Chernyshevskii dealt with the prospects of state and law development in the general context of socioeconomic progress. The ideas of freedom and democracy are interwoven in their works with the concepts of a social state, and the problems of constitutional law – with problems of social and labor legislation. In the second half of the 19th century, there came into a sharper focus in Western Europe the discussion on the degree of involvement of a state in economic activity. N.G. Chernyshevskii was one of the first ideologists in Russia to join the polemics between the adherers and opponents of “laissez-faire” – motto of economic liberalism. His conclusions were supported and developed further by other ideologists of the Russian narodnichestvo. Chernyshevskii regarded the “laissez-faire” principle as a derivative from “optimistic philosophy” of the 18th century that gave rise to the concept of a possibility of capitalist economy self-regulation. However, subsequently, economic crises and sharp social conflicts contradicted the theories on “natural movement of everything towards the better” and the “invisible hand” directing private benefit to the general good. While sharing the “benign truths” of economic liberalism, Chernyshevskii thought it was inadmissible to turn liberal ideology into a system of indisputable doctrines of capitalism that retard social progress. He realized eventually that the argument between the advocates of noninterference of a state in economic relations and their opponents has no unambiguous solution because there had always existed both trends in economic and political life as well as in public opinion: both towards more active state management of the economy by the state and minimizing such management. “Reasonable participation of the state in economic affairs and “initiative on the part of private activity” should not rule out, but, rather, are to supplement each other, stressed Chernyshevskii. An optimum combination of the two is not something given once and for all: it will have to be sought in each particular situation, at each historic moment. The state, Chernyshevskii insisted, cannot but have some influence on the economy. The question is: will that influence be transparent and in the interests of the entire society, or will it be tacit – in the interests of plutocracy connected with the government circles? Chernyshevskii believed that what was required was not the “Utopian system of non-interference,” but determining the reasonable limits for unavoidable interference.” The government should not deal with matters that can be settled without its assistance. However, where there arises the threat of heavy economic losses and crucial social injustice, “reasonable participation of the government” is necessary. When he was talking about the “limits” of state interference in economic and social relations, N.G. Chernyshevskii was not an etatist, but, rather, a humanist. According to him, “interference” is unjustified when it leads to sacrificed rights of an individual in order to satisfy the whims of the state,” and it is legitimate when it serves to widen the range of human rights, their guarantees and subjects. The founding fathers of Russian narodnichestvo supported those demands of legislative and financial measures required to improve the life of the peoples’ masses that were put forward in the advanced countries of the West. Herzen, Ogarev and Chernyshevskii were among those thinkers of the 19th century who, being guided by human rights of man and citizen, referred to afterwards as the “rights of the first generation,” started the struggle for socioeconomic “rights of the second generation.” In these matters, the stance of the founding fathers of the Russian narodnichestvo fits in the history of the development of the European sociodemocratic and labor ideology.

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