Bryanik Nadezda
The research literature on the Philosophy of Law revived in Russia at the turn of XX–XXI centuries (as well as a century earlier) is aimed at the understanding of radical changes in legal sphere and overcoming crisis of perception of justice. The article substantiates the thesis that in critical moments both in area of jurisprudence and legal practice domestic and foreign researchers assert that it is necessary to appeal to Roman Law as the pick point of the Ancient legal understanding, which is regarded as the basis for legal development in modern Russia. The research papers of E. Anners, J.-P. Vernan, G.V.F. Hegel, I.A. Pokrovsky, O. Shpengler, and G. Shershenevich serves as empirical material for philosophical interpretation of Ancient Law. The author's standpoint is to justify the fact that antiquity (sequentially, from Greek to Roman period) has created all possible forms of Philosophy of Law with its varieties that arose either from philosophy or from jurisprudence. The article argues that the recognition of natural-legal orientation is general vector of Philosophy of Law in Greek period. Philosophical context of Greek understanding of law is determined by cosmic law/nomos, which is associated with the moral-ethical characteristic – justice – when all citizens are perceived as “equal” (isoi) ones. Clear division between supporters of Philosophy of Positive Law and Philosophy of Natural Law did not take place in Greek period of Antiquity. The article analyzes distinctive features of Roman jurisprudence, which include technologicalness, applied character, and specification. The distinctive features of Roman jurisprudence are summarized by such notion as positivity of law. The causes and consequences of transformation of national civil law (jus civile) in the epoch of Empire into the right of nations (jus gentium) are revealed. Complementing the national civil law with the right of nations, Roman jurisprudence creates a particular form of Philosophy of Law – the philosophy of positive law, which arises not from philosophy, but from law.
Keywords: natural/positive law; legal technique; Roman jurisprudence; understanding of law; Philosophy of Law.