Affiliation:
1. Institute of Legislation and Comparative Law under the Government of the Russian Federation
2. Russian Academy of National Economy and Public Administration, under the President of the Russian Federation (Branch)
3. National Research University Higher School of Economics
4. Main Military Clinical Hospital of the National Guard Troops of the Russian Federation
5. General Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the Troops of the National Guard of the Russian Federation
Abstract
Socio-political and international legal trends, the growing scale of military conflicts in various regions of the planet determine the attention of scientists and practitioners to the social nature and essence of military law and its institutions. The recent appearance of the monograph “Military Law” in three volumes (the third volume in two books) serves as proof of this attention in our country. This monograph reflects the key theoretical and legal constructs that form the foundation, the “core” of Military Law as a branch of law. It examines the genesis of Military Law, reveals the systemic prerequisites of Military Law, describes Russia’s military activity as an object of Military Law, substantiates the military organization of the state as a subject of Military Law, identifies the social value of Military Law, proves the place of Military Law in the system of legal norms as a branch of law, verifies system of Military Law, the main provisions of the Military Law of foreign countries are systematized, international legal aspects and the current state of Military Law are revealed. In the article, the authors reflect on the continuation of the ideas of the monograph “Military Law”, to search and substantiate the philosophical origins and grounds of its origin. The authors would like to draw your attention to the fact that today Military Law and the prerequisites for its formation should be studied within the framework of scientific approaches characteristic of the modern stage of existence of post-non-classical science (systemic, historical-legal, axiological, epistemological, functional). It is pointed out that the scientific works of leading philosophers from the stage of classical science to the present day contain the methodological and theoretical foundations for constructing the concept of Military Law as a branch of law and a social phenomenon. The result of the discussion is the substantiation of the philosophical foundations of Military Law, as well as the conceptualization of philosophical ideas as sources of the theoretical structure of Military Law. Provisions are put forward to continue philosophical research in the field of Military Law to substantiate its methodological platform and theoretical basis.
Publisher
The Russian Academy of Sciences
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