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catalogue – 43669
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)


— showed 7 articles from7


The Myth of Karl Marx's Prometheanism: Analysis and Criticism

Kondrashov Pyotr
The article deals with the destruction of the widespread myth about Karl Marx as a “Promethean thinker”. Under Prometheism/Prometheanism is the point of view according to which nature is considered as a quantitatively “inexhaustible storehouse”, which must be known and conquered on the basis of scientific and technical knowledge in order to be used to meet constantly growing human needs through continuous growth of production and, accordingly, a permanent increase in the degree of aggressive exploitation of nature while completely ignoring the consequences of this exploitation both for the environment and for human society itself. Since the myth of the “prometheanism” of Marx, which is very tenacious to this day, was previously dispelled in the field of political economy (J.B. Foster, K. Saito, P. Burkett), sociology (A. Salleh, M. Musto), ecology (B. Clark, J. Moore, E. Alvater, K. Saito, T. Grassmann), political science (K. Royce), then in the proposed study the author focused only on some of the philosophical aspects of the problem. In the first part of the article it is shown that Marx (based on some of his statements) is mistakenly criticized by many thinkers for anti-environmentalism; in the second, relying on the texts of Marx himself, it is proved that these fragments torn from the general context of his philosophy are mostly false, because Marx, often praising technological progress, nevertheless, was not a Promethean, as he subjected the social and environmental consequences of the capitalist application of technology and science to radical scientific criticism; Finally, in the third part, through the reconstruction of Marx’s philosophical-anthropological and socio-philosophical ideas, Marx’s true attitude to environmental issues is shown. The author’s arguments are as follows. According to Marx, the ontological basis for the existence of any human society is social metabolism, i.e. the exchange of substances between man and nature through transformative activity, during the deployment of which all the “worlds” in which man exists are drawn into metabolic exchange (nature, society, “second nature” – material and spiritual culture, the world of others, their own inner world). Each socio-historical stage of development has its own specific type of metabolism, i.e. its own special form of ecological interaction between all “worlds”. Based on this method, Marx shows that metabolic rifts, i.e. disturbances in the processes of normal, balanced flow of social metabolism in the totality of all these “worlds” are most characteristic of capitalism due to its structural Promethean intentions (the desire to increase profits, which is associated with the need for permanent growth of production – the imperative “grow or die!”; and hence to increase the exploitation of nature). And in this sense, Marx’s philosophical ecology not only fully corresponds to the modern level of understanding of ecological/environmental problems, but also offers a holistic methodology not only for “explaining” these problems, but also for their “practical solution”. 
Keywords: Karl Marx; prometheism/prometheanism; ecological and environmental sciences; nature; man; society; culture; social metabolism; metabolic rift; historicity; capitalism; post-capitalism; growth for growth; de-growth; economy; chrematistics
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A “Hard Problem” of Lenin’s Theory of Reflection: Discussions of the 1930s and 1950s

Klimova Svetlana
This article discusses the versions of Leninist reflection theory in the Russian philosophy of the first half of the twentieth century. The very nature of the discussion made the problem of understanding the features of the theory of cognition a “hard” problem. This was facilitated by the ideological and political impurities characteristic of philosophical inquiry at the time. The “diamat” (short for “dialectical materialism”) reflection theory is compared with M.A. Lifshits’s “ontognoseology”. The task is to show the process of dogmatization of Lenin’s reflection theory in the discussions of the 30s–40s, as well as the transformation of this theory in Lifshits’s ontognoseology in the 1940–50s. The article highlights the variations of reflection theory in the Soviet philosophy of 1930–70s. This theory in Diamat is considered in comparison with the “ontognoseology” of Mikhail Lifshits. The ideological catalyst for the development of the “Leninist reflection theory” was the principle of partisanship. As its consequence, vulgar sociology and Diamat were fixed in the humanities, and only in the early 1950s they began to be gradually overcome. At the beginning of the Stalinist phase in the history of Soviet philosophy, the debates around Lenin’s book Materialism and Empiriocriticism became a landmark phenomenon. The tone was set by the students of the Institute of Red Professors, headed by Abram Deborin. The example of several works written by them in the mid-thirties shows the peculiarities of interpreting the concept of reflection, as well as the ideological conjuncture that largely determined the content and course of the philosophical discussion. The principle of partisanship demanded that class interests (as understood by the leaders of the proletarian party, of course) should come first, and in the theory of knowledge and consciousness, it meant that the dialectical-materialist position should be defended in the struggle against all varieties of idealism. It was under this sign that the discussion of Lenin’s theory of reflection took place. The article also analyses contemporary polemics, in the course of which opposite assessments of Deborin’s role in the formation of Soviet diamat and in solving the “hard problem” of Lenin’s theory of reflection are given. The postwar years of Soviet philosophy are represented in the article by Mikhail Lifshits’s “ontognoseology”. An associate and friend of Georg Lukács, Lifshits made the greatest contribution to overcoming vulgar sociology and renewing the tradition of creative Marxism. He described the dialectics of being and consciousness, of the subjective and the objective, proposing a profound and original interpretation of the theory of reflection. In Lifshits’s ontognoseology, the reflection of being in consciousness is conditioned by the property of reflectivity inherent in being itself. 
Keywords: “Materialism and empiriocriticism”; reflection; being; consciousness; partisanship; ontognoseology; M.A. Lifshits
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Natural Legal Law as Mathematics of Freedom (Four Mathematically Different Moral-Legal- Value-Functions “Freedom” and Four Ones “Slavery” Defined Precisely in Two-Valued Algebra of Formal Axiology of Ethics and Jurisprudence)

Lobovikov Vladimir
The article is aimed at extracting and investigating proper algebraic aspect of the natural legal law system. The metaphorical meaning of the sentence “Law is mathematics of freedom” is transformed into literal one of exact language of rational philosophy of natural legal law. The word “freedom” is recognized as a homonym having exactly four formal-axiological meanings which are nothing but moral-legal-valuefunctions determined by one moral-legal-value-argument (in the proper mathematical meaning of the words “function” and “argument”). The four functions called “freedom” and the corresponding four functions called “slavery” are precisely defined by tables. Lists of formal-axiological equations of two-valued algebra of natural law-and-morals are generated. The lists make up a discrete mathematical model of the system of natural morals-and-law concerning “freedom” and “slavery”. Within the framework of submitted two-valued algebra of natural law-and-morals, interconnections between natural legal law and natural theology are addressed in general and the nontrivial question “Is God’s slave a slave?” is explicated and answered especially. 
Keywords: two-valued-algebra-of-formal-axiology; moral-legal-value-function; formalaxiological-equivalence; formal-axiological-contradiction; ethics; freedom; slavery; natural-law; natural-theology; formal-axiological-law
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Political science

Transformations of the Political Ideology of Francoism in Modern Spain

Vasilenko Yuri
The article is devoted to the transformations of the political ideology of Francoism in modern Spain. The author divides the historical evolution of “Francoism after Franco” into two stages: neo-Francoism (completed) and post-Francoism (incipient). Neo-Francoism is formed during the times of democratic transit (1975–1982), post-Francoism arises as a result of political innovations implemented by the two social-democratic Governments of J.L. Rodriguez Zapatero (2004–2011) and P. Sanchez (from 2018 to the present) and is associated with a negative attitude to “historical memory” (Law of 2007th year) and “democratic memory” (Bill of 2020th year), respectively. Analyzing the internal structure of neo-Francoism, the author decomposes it into three types in accordance with a more general typology of conservatism by A.A. Galkin and P.Yu. Rakhshmir: the right wing (right-wing radical conservatism), centrist neo-Francoism (traditionalism) and the left wing (liberal conservatism). The internal structure of post-Francoism is still being formed, therefore it is revealed in less defined concepts although on the basis of the same classical triad: the right flank (mainstream), the center (“sympathizers”) and the left flank (“fellow travelers”). Comparing the “Francoisms”, the author shows that Francoism under Franco was a closed ideology and had as its main goal the destruction of opponents (expulsion from the country, prison, executions); neo-Francoism was a semi-open ideology and preferred to discuss with opponents (Parliament, media, scientific and journalistic literature). In this context, the fundamental difference between post-Francoism and other Francoisms is its open nature and publicly articulated invitation for all kinds of opponents from across the political and ideological spectrum to mutually beneficial cooperation for the progressive development of the country, thanks to which not only neo-Francoists, but also anti-Francoists (in particular, representatives of the “Communist Party of Spain” who have traditionally been enemies of any Francoism) appear in the logic of its nascent discourse today, which allows the author to add the prefix “post” to it. 
Keywords: political ideology; Francoism; neo-Francoism; post-Francoism; “historical memory”; “democratic memory”; modern Spain
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Legal Responsibility: Problems of Rethinking the Traditional View

Tereshchenko Dmitry
Modern legislation does not contain a clear definition of the concept of “legal liability”. This is due to the presence of many author's points of view and opinions, where the definitions differ in meaning, and also have a wide range of embedded meanings. This situation leads to an ambiguous understanding or to an unjustified expansion of the interpretation due to the unjustified association of legal responsibility with other similar social and legal concepts and phenomena. As a result, there are discrepancies in law enforcement practice. The article considers the shortcomings of the concept of a single legal liability, justifies the impossibility of combining positive and negative liability. Due to the fact that the legal literature has repeatedly concluded that it is necessary to conduct additional theoretical research to solve this problem, the author made an attempt to rethink the traditional view in this matter. In addition to general scientific methods of cognition, broader theoretical approaches to understanding the phenomenon of responsibility are proposed. First, responsibility is considered as a functional characteristic of the interaction of the elements that form its semantic content. Secondly, the concept is studied from the standpoint of dimensionality, i.e., from the point of view of the ability of a concept to have multiple values (dimensions), depending on the number of selected keywords that are included in the definition of the concept. Thus, the definition of legal responsibility, on the example of criminal responsibility, is considered at two levels of abstraction: at the first level as a measure of responsibility; at the second-as the relationship between punishment and crime, which act as a fixed act (fact) or committed action. Based on the conducted structural research, the author's definition is formulated, which allows combining the main number of existing points of view and opinions on the definition of liability into a single principle (rule) of legal liability. For the first time, the concept of legal responsibility is considered as a logical and mathematical model that allows interpreting the legal concept based on the provisions of differential calculus. From a practical point of view, the use of extended methodological approaches should serve to organize various opinions into a single semantic understanding of legal responsibility. In the context of the widespread digitalization of law, the proposed methodology allows creating formalized structures of derived concepts used in various branches of law.
Keywords: legal responsibility; problems of the theory of law; criminal responsibility; the concept of positive and negative responsibility; formalization of law; definition of responsibility; dimension of the concept; category of interaction; measure of responsibility; derived characteristics of action; problems of the methodology of law; ability; opportunity; duty
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The Right of Citizens to Participate in the Adoption of Urban planning Decisions in the Russian Federation: Legal Nature and Protection

Kharinov Ilya , Sinitsina Valeriya
The relevance of this study is dictated by the fact that relations in the field of urban planning presuppose the interest of citizens in the formation of urban space, as well as by the fact that the provisions on the need to ensure an appropriate level of public participation have been consolidated in regulatory legal acts emanating from the authorities. The reasoning presented in the article was aimed at establishing the legal nature of the right of citizens to participate in making urban planning decisions, as well as identifying the key problems of its protection within the framework of both judicial procedure and using extrajudicial methods. The article analyzes the constitutional and legal basis of this law, substantiates the correspondence of its essence to the concept of subjective public law, examines the problems of its judicial protection, and also reveals various ways of its protection out of court. The authors come to the conclusion that the protocol and the conclusion on the results of public discussions or public hearings are non-normative legal acts, as a result of which it is possible to file an administrative statement of claim declaring them illegal in accordance with Chapter 22 of the CAS RF, as well as that cases of local referendums, which are subject to issues that can directly affect the adoption of final urban planning decisions, require a positive assessment due to the obligatory nature of the decisions taken by the population. Meanwhile, the prospect of such an extrajudicial method of protecting the right to participate in making urban planning decisions as the cancellation of a municipal legal act issued by local self-government bodies in the order of self-control is interesting.
 Keywords: participation of citizens in making town planning decisions; principles of town planning law; public discussions; public hearings; judicial protection; local referendum; survey; cancellation of a municipal legal act by way of self-control
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Legal Regulation of Compensation for Damage Caused to Atmospheric Air

Kodolova Alena
The beginning of 2021 was marked by the adoption of several important regulatory legal acts in the field of ecology. One of these documents was the Methodology for calculating the amount of damage caused to atmospheric air as a component of the natural environment, approved by Order of the Ministry of Natural Resources of the Russian Federation No. 59 of 28.01.2021 (hereinafter referred to as the Methodology). This article examines the legal grounds for causing harm to atmospheric air as a natural component, provides a comparative legal description of the regulation of public relations on compensation for damage to atmospheric air, and also analyzes the text of the Methodology itself. 
Keywords: environmental damage; atmospheric air damage; environmental damage; environmental offenses
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