Concepts of Public Law Dogmatics during European Law Emergence.

Abstract

The article is devoted to the impact of the idealistic concepts of the Antiquity made on the development of concepts of public law dogmatics during European law emergence. The current research is topical both for science (it helps to understand the conceptual framework as well as the way of thinking of those who specialize in public law) and application: the perception of the ideological grounds of public law dogma not only strengthens the relevant institutes of law regulating the public authority, but can also consolidate the legal community as the bearer of a relatively autonomous professional tradition important for the society. As in the early stages of its development dogmatics was mostly private law, the structure of public law in many ways was made of civil constructs and concepts. A new public law identity was shaped only at the end of the 19th century and the fundamental public law borrowings could be avoidable. The article attempts to find out the way the idealistic methodology influences the perception of public law pioneers of the main elements of legal reality, considering the dichotomy of idealistic and material, private and public, positive and natural law. Special attention is paid to the interpretation of the concept of “State” by J. Bluntschli, K. Gerber, O. Gierke and various conceptual approaches to the State (as a mechanism, system, legal entity, construct, etc.) in the theory of public law and order. It is noted that as compared to the representatives of a later developed legal positivism German lawyers trace down “ethical and spiritual contents” of law. The final part of the article is dedicated to the interpretation of legal dogmas as viewed in objective idealism. To solve the tasks set in the article, historical and legal, logical, hermeneutical, dialectical, formal and legal, sociological, theoretical and predictive as well as other methods of cognition are used.