拉吉莫夫院士的创新之词。论惩罚的道德性/ H.D.阿利克佩罗夫序

Z. Toschenko
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引用次数: 0

摘要

我们要立即指出,我们正在讨论的是法学博士、教授、俄罗斯科学院外籍院士、阿塞拜疆共和国荣誉律师拉吉莫夫的著作。他在书中提出,不仅对律师,而且对所有社会和人道主义科学的广泛代表,都要对道德与惩罚之间的关系这一重要而实际上尚未发展的问题进行思考。更重要的是,对于所有的读者,无论如何,对法律知识和惩罚的本质这样一个重要问题感兴趣。这对大众读者来说尤其重要,因为这本书是用俄语文学语言写的,它清楚而清晰地阐述了复杂的法律问题。通常在社会科学文献中,法律与道德之间的关系是根据它们如何以及在什么基础上彼此不同来分析的。它展示了在特定的历史时期,在特定的人群中,它们之间的相互关系是如何变化的,以及这是如何在立法中反映出来的。拉吉莫夫提出了一个独特的观点——考虑惩罚本身的道德问题,其理解的局限性,在各种情况下可能的解释和使用。在我们看来,这一创新理念可以追溯到20世纪初俄罗斯律师提出的法律上的相同方法——ba . Kistyakovsky, N.M. Korkunov, P.I. Novgorodtsev等人,他们提请注意为什么法律行为没有反映在人们的思想和意识中,为什么许多法律仍然是正式文件,仍然是立法者自己的命运。换句话说,那些处理法律通过的人应该知道它们是如何影响和固定在公众的意识和行为中的。本综述的目的是在“社会契约”这一重要的科学和应用概念的基础上分析这一现象,这一概念在专著中被提及,但只是从一定的角度。考虑到哲学,社会学,社会心理学的方法,我们将把注意力集中在他身上。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The innovative word of Academician I.M. Ragimov I.M. Ragimov. On the morality of punishment / foreword by H.D. Alikperov
We would like to note right away that we are dealing with the work of Doctor of Law, Professor, foreign member of the Russian Academy of Sciences I.M. Ragimov, Honored Lawyer of the Republic of Azerbaijan, in which he offers to reflect on this important and practically undeveloped problem – the relationship between morality and punishment – not only to lawyers, but also to a wide range of representatives of all social and humanitarian sciences. And even more – to all readers, one way or another interested in the knowledge of law and such an important problem as the nature of punishment. This is especially important for a mass audience, since the book is written in a good Russian literary language, which clearly and clearly sets out difficult legally complex problems. Usually in the social science literature, the relationship between law and morality is analyzed in terms of how and on what grounds they differ from each other. It shows how their interrelationship changed during a particular historical period, among a particular people, and how this was reflected in legislation. I.M. Ragimov offers a unique idea – to consider the problems of morality of punishment itself, the limits of its understanding, possible interpretation and use under a variety of circumstances. This innovative idea, in our opinion, goes back to the same approach in law, which was laid down by Russian lawyers at the beginning of the twentieth century – B.A. Kistyakovsky, N.M. Korkunov, P.I. Novgorodtsev et al, who drew attention to why legal acts are not reflected in the minds and consciousness of people and why many laws remain formal documents and remain the lot of only the legislators themselves. In other words, those who deal with the adoption of laws should know how they reach and are fixed in the public consciousness and behavior. The purpose of this review is to analyze this phenomenon on the basis of such an important scientific and applied concept as “social contract”, which is mentioned in the monograph, but only from certain positions. It is on him, taking into account the philosophical, sociological, socio-psychological approach, that we will focus our attention.
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