A Study on the Influence of Mysticism on Russian Legal Thought from the End of the Nineteenth Century to the Beginning of the Twentieth Century

从十九世纪末到二十世纪初，宗教思想，特别是宗教神秘主义在俄罗斯法律思想界受到越来越多的关注。在这一工业化和社会大众化时期，俄罗斯和欧洲正在经历转型，传统的“个人”概念受到挑战，人们正在寻求新的“个人”概念。正如P·诺夫哥罗德采夫在《当代法律意识的危机》中所指出的那样，传统的法律理论(以意志论为基础)的人权观源于个人自由理性意志的理想，不再足以作为大众社会的权利理论。这是当时的法律思想所要求的，以改造俄罗斯国家本身，并促进建立一个倡导个人权利作为集体思想的框架。因此，俄国法律思想将注意力转向了宗教。…更重要的是，俄国法律思想和宗教思想出现了明显的结合或融合。本文认为，弗拉基米尔·索洛维耶夫是一个值得注意的个人，他在特殊的俄罗斯语境中阐释了法律与宗教思想的融合，并分析了他在形成新的个人和集体观念方面的贡献。索洛维耶夫作品中所体现的俄罗斯宗教思想的特点是将地球上的神圣世界物化的意图，这是一种改造现实的理论，即将现实世界中的人和物质物化的意图。因此，精神化的人和物质客体，无论其合理性如何，都拥有绝对的生存权，这是对传统权利意志理论的超越。我在《索洛维耶夫与神秘学》和其他文章中考察了这一论点的结构。在研究过程中，我观察到神秘主义与柏拉图主义密切相关。俄罗斯接受柏拉图和柏拉图主义的特点和作用是值得进一步研究的领域。较少

Religious thought of which religious mysticism in particular received growing attention within circles of Russian legal thought from the end of the nineteenth century to the beginning of the twentieth century. During this period of industrialization and massification of societies, Russia and Europe were undergoing a transition in which the traditional conception of the "individual" was being challenged and new concepts of the "individual" were being sought. As P.Novgorodtsev points out in The Crisis of Contemporary Legal Consciousness, traditional legal theory (will theory-based) whose idea of human rights was derived from the ideal of the free and rational individual will was no longer sufficient as the right theory for mass society. It was required by the legal thought of the time to transform the Russian state proper and to promote the creation of a framework which advocates individual rights as a collective idea. As a result, Russian legal thought turned its attention to religion. … More Consequently, a distinct union or fusion of Russian legal thought and religious thought emerged. This study identifies Vladimir Soloviev as a noteworthy individual illuminating the fusion of legal and religious thought in the exceptional Russian context, and analyzes his contributions towards forming new conceptions of the individual and the collective.The peculiarity of Russian religious thought, as represented in Soloviev's writings is the intention to materialize the divine world on earth, which is a theory of transforming realities i.e. "the intention to spiritualize" human beings and material objects in the real world. Therefore, spiritualized humans and material objects, regardless of their rationality, possess an absolute right to exist, which transcends the traditional right-will theory. I investigated the structure of this argument in Vladimir Soloviev and Occultism and in other articles.It has been observed in the process of this research that mysticism is closely associated with Platonism. The characteristics and function of the acceptance of Plato and Platonism in Russia are potential areas of further research. Less