Nihilistic Perception of Right as an Axiological Problem of Modern Legal Development

DOI

10.2991/assehr.k.200723.068How to use a DOI?

Keywords

legal nihilism, legal axiology, deformation of legal understanding, respect towards right and law, legal values

Abstract

This article aims to debunk the pseudo-scientific myths and stereotypes regarding legal nihilism. Authors prove that nihilistic perception of right is objectively a social phenomenon, supported by the controversy of any national cultural dominating idea. Furthermore, the study highlights that legal nihilism presents a societal threat, given the negative perception of particular subjects and groups towards commonly accepted legal values. In overcoming these negative consequences, authors believe that the only possible scenario involves a complete theoretical study of legal nihilism to reveal the actual mechanism of impact, as well as reverse influence of legal nihilism on the social system, which constitutes the main target of the study. The aim of the study is achieved on the basis of a dialectical approach, which involves the research of legal nihilism from the point of view of movement, change and development of legal ideas, taking into consideration the form of development and internal causes. The study has resulted in a range of scientific findings, which are new and have the potential to further develop the investigated problem. Authors have identified stable specific characteristics of legal nihilism and its definition, as well as defined criteria for separating positive and defective understanding of rights, identified stereotypical perceptions about legal nihilism, which do not relate to the essence of the given legal phenomenon, proven the necessity to develop a complex of events to formulate a respectful attitude towards law and rights at the national level.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Tatyana V. Shatkovskaya
AU  - Tatyana V. Epifanova
AU  - A.N. Pozdnishov
AU  - N.G. Romanenko
PY  - 2020
DA  - 2020/07/23
TI  - Nihilistic Perception of Right as an Axiological Problem of Modern Legal Development
BT  - Proceedings of the International Scientific Conference on Philosophy of Education, Law and Science in the Era of Globalization (PELSEG 2020)
PB  - Atlantis Press
SP  - 326
EP  - 329
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200723.068
DO  - 10.2991/assehr.k.200723.068
ID  - Shatkovskaya2020
ER  -