Izvestiya of Saratov University.
ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


natural law

Transcendental foundations of law in A. V. Polyakov’s communicative theory of law: Legal recognition

Introduction. The communicative theory of law put forward in the first years of the XXI century by A. V. Polyakov received further development in the next decade due to the substantiation of the metatheoretical foundation of this theory in the doctrine of legal recognition as the transcendental basis of law. The idea of objectifi cation of law through recognition proposed by A. V. Polyakov becomes the basis of a new humanistic understanding of law, which asserts the key character of trust in legal genesis. Theoretical analysis.

The idea of the right of resistance to oppression in the Eastern political, legal and religious thought

Introduction. The triumph of liberal democracy in developed countries did not reduce the protest activity of citizens, revolutions and uprisings are still a phenomenon of modern time. The issue of the essence and mechanism of exercising the right of resistance (right of rebellion, right of revolution, iusresistendi) is becoming relevant, which also requires a historical analysis of Eastern political, legal and religious thought.

The nature of Ius resistendi in the context of legal schools and theories

Introduction.Many researchers considerius resistendi as the right to violent uprising, while nowadays this right plays the role of a legal institution that restrains public authorities from abuses and encroachments on other human and civil rights. Ius resistendi is rooted in classical iusnaturalism, but is comprehended by means of modern natural law, legal positivism and sociological science, including the theory of confl ict, which makes it possible to analyze the nature of the right of resistance more comprehensively. Theoretical analysis.