Anatoly Petrovich Gerasimenko is Doctor of Philosophy, Professor, Professor of the Chair of Theory and History of State and Law at Amur State University.
Existential philosophy is mainly predetermined by personal experience of its author, which is understood qua experience of any other human being that must be considered. In XX-th century Russian existential philosophy of law is connected with the names of L. Shestov and N. Berdyaev, F. Stepun and S. Frank. This philosophy is rooted in Russian philosophical essays and fiction of the XIX-th century, especially A. Herzen, F. Dostojevsky, Vl. Soloviev. In existential philosophy the law is understood not as a claim, but as a prohibition. Human rights appear as prohibitions that are imposed on each of us. The detailed enumeration of human rights viewed as guaranteed claims, the division of rights for the first, second and third generation, lead to the inevitable paralysis of each preceding generation by the generation that is yet to follow. Russian existential philosophy of law is influenced by the prose and poetry of M. Lermontov, N. Hohol, F. Tyutchev, that are overwhelmed by themes of catastrophic nature of existence, human abandonment, disappointment in life and futility to find solitude. In 30-80-s of XX-th century in Russia existential philosophy couldn't develop in a proper way, because it was considered irrelevant under the communist regime. On the threshold of the XXI-th century existentialism is in the limelight again; there appears to be a growing interest towards the works of Russian writers and literature of the XIX-th century perceived via existential lenses.
Key words: existential philosophy of law, Berdyaev, Herzen, Russian philosophy, Russian literature, human rights, claim, prohibition.
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