Právní socialismus Sergeje Gessena

This paper is dedicated to the political and legal philosophy of S. I. Gessen. Its goal is to analyse, criticise and interpret key concepts the author works with. Therefore attention will be paid to the following issues in the following order: (1) anti-utopianism, in which Gessen’s basic methodological approach is evident, this being the endeavour to utilise the positive elements of facticity (liberalism) and develop them within a new, socialist framework, (2) criticism of legal positivism and the related defence of natural law, (3) criticism of social liberalism (P. I. Novgorodcev) through the prism of Gemeinschaft, inter-subjectivity and participation, (4) criticism of Marxism, particularly economic determinism, social revolution and class struggle, (5) human rights, (6) the author’s concept of socialism, particularly in the field of law, the state and the economy and (7) the concept of the “new medieval age”. The paper primarily shows that Gessen can be classified in the Russian liberal- socialist paradigm (B. A. Kisťakovskij, G. D. Gurvič) and that his theories create opportunity for synthesis of liberal, socialist and conservative elements, which makes it an inspirational contribution, which can be used to criticise current practice and formulations corresponding to normative visions.