Social and legal regulators. Conceptual developments by V.I. Nizhechek

Nikolai A. Vlasenko
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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.
社会和法律监管者。V.I. Nizhechek 的概念发展
该书深入探讨了前苏联科学家、活动家 V.I. Nizhechek 在发展和确立社会调节概念中的作用、社会调节概念在管理社会事务中的重要性、法律的功能和潜力以及法律作为社会调节器与道德的关系。V.I. Nizhechek 认为,法律规范和社会规范具有共同的性质,两者之间有着深刻的联系,并在实践中表现出许多统一性。在承认法律的独立性质的同时,这位科学家得出结论,法律规范在本质上构成了社会中社会规范的一个组成部分。值得注意的是,作者在研究企业规范、伦理、宗教等各种社会调节因素时,强调了道德调节以及法律规范与道德之间的相互作用。V.I. Nizhechek 并没有区分道德与伦理,但他认为道德在社会调节体系中占据主导地位,强调了所谓的道德与法律的 "接近性"。此外,作者还提出了相关的相似之处,证明了社会规范的系统性。V.I. Nizhechek 深入探讨了法律理论作为历史和当代背景下法律调节工具的关键问题。他从扩大法律调节范围和加强法律调节在苏联社会中的作用的角度,探讨了法律调节的演变过程,最终得出结论:法律调节已变得更加复杂。作者提出了经济监管方法与法律监管方法之间密切联系的概念;他断言,这些监管方法之间可能不存在矛盾,因为所有经济方法都以法律规范为中介。材料的前言是作者与 V.I. Nizhechek 以及与他有联系的学者、同事会面和交谈的个人回忆。
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45
审稿时长
12 weeks
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