The declining state: Aristotle teachings and post-Soviet reality
- Authors: Vlasenko N.A.1
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Affiliations:
- Peoples’ Friendship University of Russia (RUDN University)
- Issue: Vol 25, No 3 (2021)
- Pages: 479-505
- Section: STATE AND LAW IN CONTEMPORARY WORLD
- URL: https://journals.rudn.ru/law/article/view/27214
- DOI: https://doi.org/10.22363/2313-2337-2021-25-3-479-505
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Abstract
The substantive aspects of modern post-Soviet statehood are analyzed on the basis of the traditional methodological guideline, called the elemental approach (Aristotle, Jellinek), which presupposes the allocation of key state-forming features. The Aristotle concept of “rejected state” is actively applied. For the purpose of a deeper illustration of the so-called “deviating” moments in the post-Soviet states, metaphorical comparisons are used, such as “imitation state”, “alienated state”, “selective state” and others. Deviating patterns are described through weak systemic strategic planning and the lack of relevant scientific concepts, including in emergency situations, as well as insufficient supremacy of judiciary, plevalence of unitaty tendencies and others. The author's argumentation is supported by data published in various official sources (statistics, results of special sociological studies, current Russian legislation, reports, expert opinions, etc.). The article is intended for specialists in the field of the theory of state and law, political science, sociology, etc. It will be of interest to postgraduate students, state and municipal employees.
Keywords
About the authors
Nikolay A. Vlasenko
Peoples’ Friendship University of Russia (RUDN University)
Author for correspondence.
Email: vlasenko-na@rudn.ru
ORCID iD: 0000-0002-9548-3396
Doctor of Legal Sciences, Honored Lawyer of the Russian Federation, Full Professior of the the department of Theory of Law and State, Law Institute
6 Miklukho-Maklaya str., Moscow, 117198, Russian FederationReferences
- Alekseev, S.S. (2010) Notes on Philosophical Problems. Collected works. Vol. 9. Journalism. Moscow, Statut Publ. (in Russian)
- Aristotel’, (1984) Politics. Collected Works in 4 vols. Vol. 4. Moscow, Mysl’ Publ. (in Russian)
- Bakunin, M.A. (1990) Corruption. About Machiavelli. Development of statehood. Philosophy questions. (12), 53-66. (in Russian)
- Baranov, V.M. & Vlasenko, N.A. (2019) Metaphors in Law: Methodological Danger and Perspective. Legal science and practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. (1), 11-25. (in Russian)
- Chanyshev, A.M. (1987) Aristotel’. Moscow, Mysl’ Publ. (in Russian).
- Dakhov, I.G. (2012) Anti-Corruption Fundamentals. Moscow, NII SP Publ. (in Russian).
- Denisov, S.A. (2018) Imitation of the constitutional order: in 4 vols. Yekaterinburg, Humanitarian University. (in Russian).
- Dolfsma, V. (2017) State failures. Society. Markets and rules. Translation from English by Kapturevsky Y.; Kadochnikova D. (ed.). Moscow, of the Gaidar Institute Publ. (in Russian).
- Ellinek, G. (2004) General doctrine of the state. Saint Petersburg, Legal Center Press Publ. (in Russian)
- Guliev, V.E. (2001) Proto-democratic statehood: axiological phenomenology of alienation. Law and politics. (5), 4-13. (in Russian).
- Karpenko, A.S. (2012) Aristotle and Lukasiewicz on the law of contradiction: contra et pro. Voprosy filosofii. (8), 154-165. (in Russian).
- Khabrieva, T.Ya. (ed.) (2012) Corruption: nature, manifestations, opposition. Monograph. Moscow, Yurisprudentsiya Publ. (in Russian).
- Khabrieva, T.Ya. & Klishas, A.A. (2020) Thematic commentary to the Law of the Russian Federation on the Amendment to the Constitution of the Russian Federation N 1-FKZ of March 14, 2020 On improving the regulation of certain issues of the organization and functioning of public authorities. Moscow, Norma Publ., INFRA-M Publ. (in Russian)
- Khabrieva, T.Ya. (ed.) (2020) Venice Commission on Election and Electoral Technologies. Khabrieva T.Y., Kovler A.I., Fokin E.A. etc. Moscow, The Institute of Legislation and Comparative Law under the Government of the Russian Federation. (in Russian)
- Khabibulin, A.G. & Selivanov, A.I. (2008) Strategic security of the Russian state: political and legal research. Moscow, Formula Prava Publ. (in Russian).
- Lazarev, V.V. (ed.) (2006) History of state legal doctrines. Textbook. Baskin Yu.Ya., Kornev A.V., Lazarev V.V., Lipen S.V., etc.; Moscow, Spark Publ. (in Russian).
- Lenin, V.I. (1949) State and revolution. Collected Works. Vol. 25. Moscow, Politicheskoy Lititeratury Publ. (in Russian).
- Marchenko, M.N. (2017) Soviet and post-Soviet state and law: a comparative legal study. Moscow, Prospekt Publ. (in Russian)
- Obichkin, G.D. (1980) Treasury of Marxist-Leninist ideas about the state. Moscow, Mysl’ Publ. (in Russian).
- Pashentsev, D.A. (ed.). (2020) Anti-corruption Legal Education: Scientific and Practical Guide. Pashentsev D.A. (ed.). Moscow, Prospekt Publ. (in Russian).
- Polyakov, A.V., Kozlikhin, I. Yu. & Timoshina, E.V. (2007) History of political and legal doctrines. Saint Petersburg, Academy Publ. (in Russian).
- Vlasenko, N.A. (2013) Crisis of Law: Problems and Approaches to Solution. Journal of Russian Law. (8), 44-54. (in Russian).
- Vlasenko, N.A. (2015) Reasonableness and certainty in legal regulation. Moscow, INFRA-M Publ. (in Russian).