The discourse of philosophy in the legal concept of K.A. Nevolin

Abstract

The article is devoted to analyzing the ideas of Konstantin Alekseevich Nevolin (1806–1855) who was one of the founders of Russian legal science. His fundamental Encyclopedia of Jurisprudence (1839–1840) was the first Russian work to outline a system of legal philosophy, its history, and its influence on legislative practice. This article examines the basic tenets of Ne¬vo-lin’s philosophical and legal teachings, demonstrating that he drew on his own original interpretation of G.W.F. Hegel’s legal philosophy and the ideas of Friedrich Carl von Savigny’s historical school. Nevolin paid special attention to the issues of the significance of law in the life of society, its role in historical progress, believing that law cannot realize its highest goals without a deep system of philosophical understanding of the very essence of law and its application. Nevolin’s lectures, including those delivered at the Imperial School of Law, had great philosophical and legal potential and could successfully compete with German textbooks on law. Nevolin emphasized the practical importance of legal philosophy for both lawyers and legislators, as it should assist them in the process of drafting new laws. Through a philosophical understanding of law, Nevolin believed, a lawyer may understand the law’s highest purpose – to serve Truth, society, and humanity. In his view, not only law but also the state requires philosophical reflection, since it creates the conditions for human life and gives it meaning. Nevolin philosophically examines the interplay between the concepts of law and truth. Reflecting on the relationship between truth, law, and rule, he constructs a system of philosophical propositions in which law is an expression of the eternal principles of truth and the path to its realization.