Turkin Ilya
The purpose of this article is to identify the specifics of cancel culture in the context of politics of memory. To achieve this, the author addresses the following objectives: a) to theoretically justify the use of the concept of “mnemonic security regime” as a tool for analyzing cancel culture as a new form of social ostracism, b) to examine the functioning of mnemonic security regimes in the context of digitalization. Based on an analysis of scientific literature on memory regimes and international regime theories, the author concludes that a mnemonic security regime is a political project incorporating symbols of the past, built on formal and informal institutions that limit the actions of actors to achieve long-term good. It is emphasized that in the context of the decline of “global” memory culture, antagonistic mnemonic security regimes dominate, with cancel culture becoming a key tool in the struggle between alternative projects of the past. The article highlights several features of modern reality that influence the transformation of images of the past and the rise of cancel culture. First, the conflict between “old” and “new” mnemonic security regimes. Second, the lack of resources for actors to establish their mnemonic security regime as universally accepted. Third, the rejection of deliberation and the choice of conflict as a way to resolve contradictions. The article also examines the specifics of functioning of mnemonic security regimes in the context of digitalization. It identifies key strategies for maintaining one’s own mnemonic security regime while marginalizing others, including appeals to justice and to historical truth. The study concludes that atomization and conflict are defining characteristics of modern memorial discourse.
Keywords: politics of memory, memorial discourse, mnemonic security regime, memory regime, security regime, political project, conflict, cancel culture, digitalization
Shaveko Nikolai
The article examines two theoretical issues related to the doctrines of Rechtsstaat and rule of law. The first issue concerns the relationship between these concepts. The author of the article argues that the differences between them are often exaggerated and are not significant from a normative perspective. The second issue addresses the contribution of Russian pre-revolutionary jurisprudence to the development of the Rechtsstaat doctrine. The article analyzes the main ideas of Russian legal scholars and evaluates them in the light of the current state of legal philosophy and theory. It is emphasized that the idea of Rechtsstaat has taken a unique form in Russia, with many theories remaining relevant and progressive even today. Thus, Russian thinkers’ understanding of the rule of law as a relative concept, subordinate to a higher moral ideal, allows for the following: 1) distinguishing the ideal of Rechtsstaat from other ideals by giving it a specific (formal) meaning, 2) recognizing the potential for social regulation not only through law and other normative regulators, but also by totally different means, and 3) providing theoretical justification for the violation of law in certain cases, without resorting to vague concept of “lawlessness”. With a broader (substantive) understanding of Rechtsstaat, Russian legal scholars’ interpretation of human rights as a means of personal development, rather than as a tool for isolating individuals from society and indulging any of their desires, is of interest. The theoretical basis of the study is formed by both domestic and foreign research on the rule of law and Rechtsstaat. The primary method is generalization, which allows demonstrating the general direction of the evolution of the doctrines under consideration and identifying similar ideas among different authors. The relevance of the research stems from the need to protect the history of legal thought from various ideological distortions. In addition, the study of the Russian tradition of philosophical and legal thought ensures cultural continuity, which is important for the development of a consolidating national identity.
Keywords: Rechtsstaat, rule of law, legal ideal, natural law, welfare state, human rights, right to a decent life, national identity, Orthodoxy
Balakaev Viktor
The defense of national identity against external threats is a pressing issue for states, that aim to play a major role in shaping a multipolar world, including Russia. This issue can be examined not only from a political perspective but also through a legal lens, where an interesting paradox arises. From a legal standpoint, the defense of national identity comes down to the protection of the constitutional order (which typically reflects the values underlying the national identity) against the application of international treaties, the enforcement of conflicting international judicial decisions, and the normative prescriptions of international courts, among other factors. However, the transition to a multipolar world will inevitably be regulated by the principles of modern international law. Therefore, a key task for Russian legal science is to develop new mechanisms for protecting national identity in a way that aligns with international law. It requires drawing on the experience of other countries. Using a comparative legal method, the article analyzes the practice of constitutional control bodies in Germany, France, Italy, Brazil, Kazakhstan, and Russia, where the argument in defense of national identity and related concepts (for example, the protection of historical identity in Brazil) have emerged. The author reveals that this argument occurs in its different forms across all the examined jurisdictions, even in those that are generally more aligned with international law (such as Germany and France). Some mechanisms for protecting identity are controversial from the standpoint of international law (e.g. qualification of international treaties as soft-law acts in Italy or international treaty termination a posteriori by the constitutional control body in Kazakhstan). The articles concludes that Russia must develop alternative methods for protecting its national identity striking a reasonable balance with fulfilling its international obligations.
Keywords: national identity, constitutional identity, constitution, constitutional court, international law