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Issues of the Theory of State in Modern Legal Doctrine
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Issues of the Theory of State in Modern Legal Doctrine
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.111
Publication type
Article
Status
Published
Authors
Guzel Aznagulova 
ORCID: 0000-0001-7265-2399
Occupation: Acting Head of the Department of Theory of Law and Interdisciplinary Studies of Legislation
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
Address: Moscow, Russia
Dmitry Pashentsev
ORCID: 0000-0002-6789-9175
Occupation: Chief Researcher, Department of Theory of Law and Interdisciplinary Studies of Legislation
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 27 No. 10
Pages
5-15
Abstract

The purpose of the study is to identify the main directions of development of the modern theory of state in the conditions of transition to post—non-classical scientific rationality.

To achieve this goal, general scientific research methods (analysis and synthesis), as well as methods of post-non-classical science, in particular, constructivism, based on an anthropological approach to state-legal phenomena, were used.

The article reveals the main directions of the modern domestic theory of state using concrete examples. It is shown that they, as a rule, fit into the mainstream of two main lines: classical, originating from Plato and Aristotle, and postclassical, which arose relatively recently. Within the framework of the first direction, previously formed concepts, such as the legal and social state, and democracy, are studied in relation to changing socio-economic and political conditions. In this context, the concepts of “service state”, “strong state”, “digital state” can also be considered. Within the framework of the second direction, which is associated with interdisciplinarity, anthropocentrism and constructivism, attempts are being made to rethink the very essence of the state, to show its subjective conditionality. The state appears as a product of mass ideas about it, implemented in everyday social practices. In this regard, legitimacy and trust become crucial for the existence of the state.

The author comes to the conclusion about possible promising directions for the further development of the theory of state. The author predicts the creation of an interdisciplinary theory of the state, reflecting the modern scientific vision of the transformations taking place in this area. This theory will be connected with the doctrinal development of the technological paradigm of state evolution, with the development of the idea of an emerging digital state. The key areas of this theory will include such issues as the dynamics of the state functions and its elemental composition.

Keywords
state, the theory of state, postclassical theory, strong state, digital state, legal state, state sovereignty
Date of publication
25.10.2023
Number of purchasers
10
Views
141
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0.0 (0 votes)
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