Scientific Heritage of the Russian Jurist, Sociologist and Positivist Sergey Muromtsev

Анотація

The article is devoted to the analysis of the scientific and legal views of Sergey A. Muromtsev, who is the founder of the sociological approach in the Russian legal science. The influence of the philosophy of positivism and sociology, in particular the ideas of Auguste Comte, as well as ideas of Rudolf von Jhering on the legal theory of Sergey A. Muromtsev is revealed. The distinctive characteristics of Muromtsev’s sociological legal understanding are outlined. The major criticism of Muromtsev that is related to the legal doctrines of the school of the natural law and the German historical school of the law, as well as his proposals for the modernization of the legal science and practice are also highlighted. Particular ideas of Sergey A. Muromtsev are considered in the context of their comparison with the ideas of representatives of Social Legal Thought in Europe: François Gény, Emmanuel Lévy, Phillip Heck and Eugen Ehrlich. Main ideas of Muromtsev about the judicial activism as an integral phenomenon of the justice, and the creativity of jurists as a huge driving force in the development of the law are considered. The article also provides Muromtsev's positions on certain issues of the legal practice that has made possible to understand more clearly how judges should take into account specific interests in the process of adjudication, in Muromtsev's opinion. The great importance of Muromtsev's ideas for the development of the Russian jurisprudence is noted. The authors indicate the relevance of some Muromtsev’s ideas for the modern jurisprudence and point at the advantages of teaching his sociological theory of the law at the law faculties.

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