Genese of Scientific Measurement of the Legitimation of State Power
Abstract
Today the investigation of the concept of legitimation of the state power is an important task due. As long as it has been stated in the Constitution that the people are the only source of power it is considered that comprehension and investigation of the concept of legitimation of the state power is up-to-date and requires theoretical and legal analysis.
The main tasks of this work are understanding of the notion of legitimation of state power and disclosure of its genesis and state of scientific reflection.
An analysis of the thoughts of the philosophers of Ancient Greece and Rome concerning the just orientation of the authorities to achieve the public good of all citizens and the emergence of the idea of the legitimacy (legitimacy) of power is carried out. Also was done an analysis of religious beliefs (X–XIII Centuries) of thinkers of the Middle Ages on the justification of a single legitimate authority – the church; and rational views (XV–XVII Centuries) on the characteristics of legitimation of power as a justification for the monarch to achieve their objectives. Also has been provedthoughts of thinkers of the New Age (XVIII–XIX Centuries) and their methods of analysis of the institution of the legitimation of state power through the idea of natural law. Has been analyzed the formation of a peculiar theory of Soviet scholars (the second half of the 20ʼs – the second half of the 80ʼs of the XX Century), characterized by the lack of a scientific analysis of the legitimacy of Soviet power, as well as the domination of ideological factors in its formation. And in the end has been analyzed works of local lawyers, political scientists and philosophers on understanding the phenomenon of legitimation of the state power (90 years of the XX Century – present) based on pluralism due to different approaches to democracy and the rule of law.
The formulated provisions revealed in the article deepen knowledge of the peculiarities of functioning of state power legitimacy. There has also been an proved authorʼs historical systematization concept of legitimation of state power.
Downloads
Abstract views: 116 PDF Downloads: 620
Copyright (c) 2018 Philosophical and Methodological Problems of Law
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
