Contribution of Petro Dmutrovych Lodiy to the development of the science of international law
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
This article is devoted to the contribution to the development of science of international law by an outstanding Ukrainian philosopher and lawyer, a native of Transcarpathia, Petro Dmutrovych Lodiy (1764–1829). P. D. Lodiy was born on May 4, 1764, in the village of Zboi (then the territory of Hungary, now Slovakia) in the priest’s family, received his education at the gymnasium in the city of Veliky Varadin (now the Romanian city of Oradea), Uzhhorod and Lviv Greek-Catholic seminaries. He was a professor of logic, metaphysics and moral philoso- phy at Studium Ruthenum (a Ukrainian-language department at Lviv University created by the Austrian government to prepare candidates for Greek Catholic priests). In 1801–1803 years, he was a professor of logic, metaphysics and moral philosophy and mathematics at Krakow University. In 1803, along with other representatives of the Transcarpathian intelligentsia (in particular, M. A. Balugiansky, who subsequently became the first rector of the St. Petersburg University) P. D. Lodiy was invited to teaching in St. Petersburg. In the Petersburg Pedagogi- cal Institute, P. D. Lodiy took the chair of philosophy, but at the same time he read the course of «natural, private, public, state and people’s» law. When in February 1819, St. Petersburg’s main pedagogical institute was transformed into a St. Petersburg University, P. D. Lodiy be- came an ordinary professor of the Department of Logic, Metaphysics, and Moral Philosophy, and in December of that year he became dean of the Faculty of Philosophy and Law. Main work of P. D. Lodiy, devoted to questions of state and law “The theory of general rights, which contains the philosophical doctrine of natural universal state law” was published in St. Pe- tersburg in 1828. This work contains a fairly detailed doctrine of international law, which he interpreted on the basis of the principles of natural law school. P. D. Lodiy defined the state as “an unequal society of free people who united under one supreme authority to achieve uni- versal security and prosperity”. As natural universal or public law, P. D. Lodiy understood the “set of general or public laws, rights and their respective responsibilities”. Natural state law from the Lodiy point of view is divided into external and internal. The external natural state law regulates “the mutual rights and obligations of independent states that are considered as moral persons living in a state of equality and independence”. So, for P. D. Lodiy as a classical representative of the school of natural law international law is conceived only as a part of natural law. P. D. Lodiy states that “every state, as a moral person, has its own rights and obligations”, respectively, and “every nation has the right to self-preservation, provision, protection, war and, in general, coercion law”. In the work of P. D. Lodiy also reflected the issue of ensuring the external security of the state, equality of states, legal status of the state territory, the jurisdiction of the state with regard to foreigners, etc.
Authors and Affiliations
Kostiantyn Savchuk
Keywords
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