Deviated State: Research Methodology

N. A. Vlasenko
{"title":"Deviated State: Research Methodology","authors":"N. A. Vlasenko","doi":"10.22363/2313-2337-2023-27-2-257-272","DOIUrl":null,"url":null,"abstract":"In this article the author analyzes the current domestic state studies, trends and features of its development. It is concluded that legal science practically does not study the so-called blunders in state policy, ineffective strategics, failures of reforms and programs. Classical state science and its representative Aristotle called this a deviation in a state development and used the concept of a deviated (deviating) state . It is proposed to study the causes, types and forms of deviations. The author believes that this approach will allow a deeper analysis of the emerging negative trends and patterns in the European statehood development. The current global crisis, provoked by the situation in Ukraine and around it, only sharpens deviations in the European states’ development. It is emphasized that deviated state theory needs a proper development in the legal science. The problem of the state bodies activities imitation shall be central in the future theory. The author believes that many components of modern statehood do not essentially fulfill their tasks and functions, or, if they do, then partly. The relationship between society and the state is analyzed through the prism of alienation. The state is a product of society; it was created for society and is entirely indebted to it. Legal science must develop criteria for remoteness of the state from society to define the degree of alienation. Within the framework of negative trends, selectivity is also considered as a feature of modern statehood. The author understands selectivity as a special form of coercion. Such states do not carry out heavy repressions; there is a certain point of revenge on individuals, groups, organizations, etc. Among the deviations, the author refers to ignoring the role and importance of social organizations, state’s withdrawal form international human rights organizations, etc. The article ends with the author’s appeal to reasonableness as a condition for resisting deviations. Reasonableness must form the basis for statehood and legal reality. The state, its institutions must be the product of rational human activity. Mankind has long been determined in its own values, which include the state and its companion - law.","PeriodicalId":32648,"journal":{"name":"RUDN Journal of Law","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"RUDN Journal of Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22363/2313-2337-2023-27-2-257-272","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

In this article the author analyzes the current domestic state studies, trends and features of its development. It is concluded that legal science practically does not study the so-called blunders in state policy, ineffective strategics, failures of reforms and programs. Classical state science and its representative Aristotle called this a deviation in a state development and used the concept of a deviated (deviating) state . It is proposed to study the causes, types and forms of deviations. The author believes that this approach will allow a deeper analysis of the emerging negative trends and patterns in the European statehood development. The current global crisis, provoked by the situation in Ukraine and around it, only sharpens deviations in the European states’ development. It is emphasized that deviated state theory needs a proper development in the legal science. The problem of the state bodies activities imitation shall be central in the future theory. The author believes that many components of modern statehood do not essentially fulfill their tasks and functions, or, if they do, then partly. The relationship between society and the state is analyzed through the prism of alienation. The state is a product of society; it was created for society and is entirely indebted to it. Legal science must develop criteria for remoteness of the state from society to define the degree of alienation. Within the framework of negative trends, selectivity is also considered as a feature of modern statehood. The author understands selectivity as a special form of coercion. Such states do not carry out heavy repressions; there is a certain point of revenge on individuals, groups, organizations, etc. Among the deviations, the author refers to ignoring the role and importance of social organizations, state’s withdrawal form international human rights organizations, etc. The article ends with the author’s appeal to reasonableness as a condition for resisting deviations. Reasonableness must form the basis for statehood and legal reality. The state, its institutions must be the product of rational human activity. Mankind has long been determined in its own values, which include the state and its companion - law.
偏离状态:研究方法论
本文分析了国内外对它的研究现状、发展趋势和特点。结论是,法律科学实际上并没有研究所谓的国家政策失误、无效的战略、改革和计划的失败。古典国家科学及其代表亚里士多德称之为国家发展中的偏离,并使用了偏离(偏离)状态的概念。建议研究偏差的原因、类型和形式。作者认为,这种方法将使人们能够更深入地分析欧洲国家发展中出现的负面趋势和模式。乌克兰及其周边地区局势引发的当前全球危机只会加剧欧洲国家发展的偏差。强调偏离状态理论需要在法学中得到应有的发展。国家机构活动模仿问题将成为未来理论的核心。作者认为,现代国家的许多组成部分并没有从本质上完成它们的任务和功能,或者,如果它们完成了,那么就部分完成了。社会与国家的关系是通过异化的棱镜来分析的。国家是社会的产物;它是为社会创造的,完全归功于社会。法律科学必须制定国家与社会的距离标准,以确定异化程度。在消极趋势的框架内,选择性也被认为是现代国家的一个特征。作者将选择性理解为一种特殊的胁迫形式。这些国家不进行严厉镇压;对个人、团体、组织等都有一定的报复点。在这些偏差中,作者指的是忽视社会组织的作用和重要性,国家退出国际人权组织等。文章最后以作者呼吁理性作为抵制偏差的条件。合理性必须成为国家和法律现实的基础。国家及其制度必须是人类理性活动的产物。长期以来,人类一直被自己的价值观所决定,其中包括国家及其配套法律。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
45
审稿时长
12 weeks
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信