Social and legal regulators. Conceptual developments by V.I. Nizhechek
- Authors: Vlasenko N.A.1
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Affiliations:
- RUDN University
- Issue: Vol 28, No 2 (2024)
- Pages: 390-406
- Section: TO THE 80TH ANNIVERSARY OF THE VICTORY OVER FASCIST GERMANY. FRONT-WIDE LEGAL SCIENTISTS
- URL: https://journals.rudn.ru/law/article/view/39497
- DOI: https://doi.org/10.22363/2313-2337-2024-28-2-390-406
- EDN: https://elibrary.ru/JWMESX
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Abstract
The role of the Soviet scientist-activist V.I. Nizhechek in the development and establishment of social regulation concepts, and its importance in governing societal affairs, as well as functions and potential of law, and its relationship with morality as a social regulator are thoroughtly explored. V.I. Nizhechek posits that legal and social regulations share a common nature, are deeply interconnected, and exhibit numerous practical manifestations of unity. While aknowledging the independent nature of law, the scientist concludes that legal norms essentially form a component of social regulation in society. Notably, the author emphasizes moral regulation, and the interplay between legal norms and morality, while examining various social regulators such as corporate norms, ethincs, religion, and others. V.I. Nizhechek does not differential between morality ad ethics; however, he asserts that morality holds a dominant role in the system of social regulation, highlighting the so-called “proximity” of morality and law. Morever, the author draws relevant parallels that substantiate the systematic nature of social regulation. V.I. Nizhechek delves into the crucial question of the theory of law as a tool of legal regulation in historical and contemporary contexts. He considers the evolution of legal regulation in terms of broadening its scope and reinforcing its role in Soviet society, unlimately concluding that legal regulation has become more complex. The concept of the intimate connection between economic and legal methods of regulation is presented; the author asserts that there may be no contradiction between these methods of regulation since all economic methods are mediated by legal norms. The material is prefaced by the author's personal recollections of meetings and conversations with V.I. Nizhechek, as well as with scholars, colleagues, who were associated with him.
About the authors
Nikolai A. Vlasenko
RUDN University
Author for correspondence.
Email: nikolai_vlasenko@mail.ru
ORCID iD: 0000-0002-9548-3396
SPIN-code: 7031-6978
Doctor of Legal Sciences, Honored Lawyer of the Russian Federation, Full Professor of the Theory of Law and State Department, Law Institute
6 Miklukho-Maklaya str., Moscow, 117198, Russia FederationReferences
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