Bochkov A.A., Sukharev A.A. Conceptual and Methodological Foundations of the Interpretation of Legal Nihilism
DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.5
Alexander A. Bochkov, Candidate of Sciences (Philosophy), Associate Professor, Dean of the Faculty of Law, Vitebsk State University named after P.M. Masherov, Prosp. Moskovsky, 33, 210038 Vitebsk, Belarus, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5634-3318
Andrey A. Sukharev, Candidate of Sciences (Pedagogy), Associate Professor, Department of History and Theory of Law, Vitebsk State University named after P.M. Masherov, Prosp. Moskovsky, 33, 210038 Vitebsk, Belarus, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0003-0336-2253
Introduction: the paper considers the conceptual and methodological interpretation of legal nihilism as a complex interdisciplinary and intersectoral phenomenon. The purpose of the study is to show legal nihilism as a result of the deformation of state-legal reality and to identify ways to combat it. The objectives of the work are to give a terminological characterization of legal nihilism as a dialectically contradictory integral socio-cultural phenomenon; to identify its nature, meaning, forms, and causes generating consequences. Methods: the convergent methodology combining general, general scientific and specific scientific research methods. The main methods are the methods of dialectical materialism, the synergetic, interdisciplinary methods, analysis, synthesis, interpretation of the law, comparative studies. Results: legal nihilism as a direction of socio-political thought and legal practice is a catastrophogenic factor of society, due to its mass character, oppositional power, and destructiveness. The authors believe that the results and consequences can be foreseen, they need to be managed with the help of information and communication technologies, artificial intelligence. The hypothesis of the natural “predisposition” of Russians and Belarusians to legal nihilism has not been confirmed, however, it has shown a historical, national, cultural peculiarity of the perception of state and law. Conclusions: the growth of the omnipotence of the state in the conditions of an external military threat, sanctions, and pandemics leads to the growth of legal nihilism at all levels of social reality. The way out is to improve objective and subjective factors related to the legality, legitimacy, social orientation of the state, social cohesion, the improvement of ideological, patriotic, civil, legal education. It is required to develop doctrinal, legislative, law enforcement aspects of the problem at the state level; to create a digital monitoring mechanism for the objective, representative determination of the level of legal nihilism in society and a list of urgent measures to overcome negative consequences.
Key words: state-legal reality, legal consciousness, deformation, nihilism, legal nihilism, overcoming mechanism.
Citation. Bochkov A.A., Sukharev A.A. Conceptual and Methodological Foundations of the Interpretation of Legal Nihilism. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 1, pp. 37-46. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.1.5
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