"Truth" and "Law" in Russian Legal Consciousness: Conservative and Theological Motives

Abstract

The article analyses the problem of correlation between the categories of "truth" and "law" in Russian legal consciousness. The authors focus on the study of this issue mainly on the example of Russian conservative thought, justifying it by the fact that of all the theories of legal understanding only conservative legal ideology was able to express the traditional perception of law for the Russian legal consciousness. It was conservative legal scholars who drew attention to the fact that the essence of law in Russian culture is determined by the traditional worldview, which was formed back in the V-IX centuries and continues to dominate at present. It is noted that traditionally Russian legal consciousness in contrast to the European is characterized by such features as syncretistic unity of religious, moral and legal principles, united by the ideal of Pravda; the prevalence of internal, conscientious over external, formal legal side of law; lack of tangible influence of Roman law on the Russian legal tradition to the beginning of XX century. The priority of the ideals of collegiality, social service and duties; the prevalence of customary, unwritten law, expressing the people's ideals of truth, conscience, and justice. Based on the works of Hilarion, I.S. Peresvetov, I.T. Pososhkov, A.S. Khomyakov, I.S. and K.S. Aksakovs, I.V. Kirievsky, I.A. Ilyin, A.I. Solzhenitsyn, they come to the conclusion that the tradition of distinguishing law and law, pravda (grace, conscience) and formal jurisprudence is deeply rooted in Russian national culture. However, disobedience to external, positive law was justified by conservatives only under the condition of the spirit of law - the provision of religious and moral pravda. Morover, following the "letter of the law" only leads in specific legal situations to an unjust and immoral legal solution.