Wrong
Journal Title: Юридические науки и образование - Year 2014, Vol 40, Issue 40
Abstract
Philosophy, as all social sciences base on experience. The matters, primary in science are also primary in history. Philosophy, incl. philosophy of right cannot be started with “I” and “population” due to absence of relation, as objective movement, although it looks like being correct – to start from the things tangible and concrete. The point of reference of empiricism in any of its variations has been, is and will remain man as such [4, p. 218]. In order to research wrong as infringement of law (crime), one must first make it clear, what sort of a “thing”, phenomenon or value is right or legal relation, in the first place. The famous German philosopher Georg Wilhelm Friedrich Hegel views everything as “things”, often evidently also man. Jurisprudence has been studied at universities of Europe for centuries, however until now there is no clarity in what sort of “thing” right and even legal relation eventually is. It looks somewhat queer, however this is how the matters stand. It is usually maintained that the “right is right”. However is it plausible to surmise that we are unable to understand what right is? Today we can talk of infringements of law (crimes) as a form of some other phenomenon, or in other words, of crimes as a semblance. But let us make it clear that crime cannot be researched through itself, although this is how it is ubiquitously done today. Knowingly crime as a fundamental concept of science of law, especially criminal law, is actually - contrary to the prevailing belief - a social fact, on the one hand, and on the other hand a totally abstract phenomenon. The categories of being: quality, quantity and measure as states of abstract and positive right, according to Hegel, represent different states of a certain substrate. They do not exist for themselves, but constitute determinations, attributed to or belonging to another – a substrate. Therefore the sequences of relations of measures (quality, quantity, measure) must be cognizable as states, overlying a substrate, as their carrier. Unluckily nobody has managed to show, until now what specifically is that substrate. Therefore we will make an endevour to accomplish what the world science of law, even sociology and other social sciences have not as yet even attempted to tackle – notably proving on points of fact the essence of that substrate. The said substrate is nothing else but surplus value, as new knowledge, as truth. This unveils conclusively the mystery of wrong (infringements of law and crimes) and punishments. Author of this article is very grateful to his teachers, Professors Helmut Kadari (1903-1976) of Tartu, Ilmar Rebane (1912-1995) of Tartu, Inga Borisovna Mikhailovskaya (1930) of Moscow and in particular to Lev Ivanovič Spiridonov (1929–1999) of St. Petersburg, who made their best efforts to inculcate knowledge in him. Any new theory only arises through critical superseding of the existing theory, considering the same phenomenon. It never sprouts in an empty spot, without theoretical premises that one accepts as being true and uses as a base for developing other ideas, and «settling a critical score» with predecessors. Therefore, prompted by deep respect to his teachers and scientists-predecessors, author of this article will use throughout the text “we” instead of “I”.
Authors and Affiliations
Ando Leps
Keywords
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