Reception of Fichte's Ideas in the Formation of B. P. Vysheslavtsev's Legal Views

Relevance. Modern philosophy of law, being one of the leading branches of legal science, develops based on the spiritual experience that was acquired in the dialogue of Russian and German philosophical and legal thought. The Russian philosophical thought of the late XIX-early XX in the circle of its research interests raised the issues of the formation of the moral and legal ideal, the relationship of law and morality, freedom and responsibility of the individual The purpose of the study is to analyze the reception of philosophical and legal ideas of the representative of German classical philosophy I.G. Fichte in the formation of legal views of B.P. Vysheslavtsev Objectives: to analyze in B.P. Vysheslavtsev's work "Ethics of Fichte" section IV "Law and morality" the issues of the correlation of law and morality in the system of transcendental philosophy of Fichte. Methodology. The methodological basis of this study is the principles of consistency, unity of logical and historical analysis, which allowed us to explore the reception of I.G. Fichte's philosophical and legal views in the Russian philosophy of law. Results. The conducted research has shown that the basis of legal reality is such a transcendental phenomenon as the law of law, and the main task of the philosophy of law is to show its place in the system of reason. The very concept of law acts a priori as something due, as an idea of justice found in positive law. Law strives to realize the idea of justice, which reveals the meaning of all legal reality. Conclusion: B.P. Vysheslavtsev's reflections on Fichte's philosophical and legal views makes it possible to conclude that he links the problems of the relationship between state and law with individual freedom, with its role in the constitution of the legal system. B.P. Vysheslavtsev believes that Fichte's law of law differs sharply from the law of nature, but also does not merge with the law of morality. The law of law is not derived from the law of morality, but on the contrary, law and the state are external borders and at the same time conditions for the existence of a "community of free beings".