S. S. Alekseev on Some Trends in the Global Legal Development: ‘Law on the Threshold of the New Millennium’
Alexey P. SemitkoYear: 2024
UDK: 340.11
Pages: 70–81
Language: russian
Section: LAW
Keywords: law, meaning of law, purpose of law, trends of legal development, human rights, priority of human rights, objective law of person, organs of justice, litigation process, legal convergence
Abstract
The paper considers the work of S. S. Alekseev «Law on the Threshold of the New Millennium. Some Trends in the Global Legal Development - Hope and Drama of the Modern Era» written in 2000. In his work, S. S. Alekseev analyses the trends of world legal development, using, among other methods, the case method. The essence of law, its meaning and purpose as an institution designed to ensure human freedom, oppose arbitrariness and violence, which corresponds to a deep-seated human need, are revealed. Based on the fundamental principles of law, the author identifies several pivotal developments in global legal evolution, which are at different stages of their formation and approval: human rights are being recognized as a valid legal force at the supranational, suprastate level; they are becoming a super-powerful, universal legal force; the idea of universal jurisdiction on human rights issues is being asserted. An objective law of person is constituted when the prevailing legal system is structured in a manner that enables it to serve the individual, whose rights become fully-fledged subjective rights, the highest universal and legal criterion for resolving any legal issues. Nevertheless, it is not feasible for human rights to act as a direct legal foundation for the executive authorities to make legally significant decisions, especially in complex, conflict situations. This is a function that can only be done by the organs of justice, including international justice. An increasing role for the judiciary and the phenomenon of legal convergence has been observed. The turn of the millennium in the world is characterized by an acute struggle between law and violence and their corresponding social forces.