Journal of Siberian Federal University. Humanities & Social Sciences / Kinship in a Politically Organized Society and Legal Regulation

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)
Authors
Drobyshevskii, Sergei A.
Contact information
Drobyshevskii, Sergei A. : Siberian Federal University Krasnoyarsk, Russian Federation;
Keywords
politically organized society; law; kinship; family; sovereign power; legal regulation; relatives; unrelated; labor dynasty
Abstract

The principles of legal regulation of kinship relations for the benefit of any politically organized society are formulated, namely, the equal consideration of the interests of relatives and non-relatives in law, as well as the norm specifying such accounting, according to which the best in this matter should lead the society, whatever their kinship. It is shown how these principles are implemented, firstly, at the earliest stage of the existence of this society in the conditions of interference of sovereign power in public relations from case to case and, secondly, in later times with the institutionalization of sovereign power, that is, when its permanent bodies were formed. Cases of deviations from the mentioned principles, both in practice and in theory, have been criticized. As for practice, the most capable people for political leadership by the law of the Cheyenne Indian hunter-gatherer society, which existed in the North American prairies two centuries ago, were not allowed to join the highest permanent body of the sovereign power operating here, if they were the sons of its members. Among the primitive farmers and pastoralists of Ashanti in West Africa the successor of their highest official could not legally be his unrelated, even if he surpassed the relatives of the said official in the ability to manage society. As applied to the theory, we are talking about Plato’s idea of preventing the leaders of the ideal state he designed from having a family. The proper basic norms of legal regulation of the existing practice of transferring a profession from parents to children are highlighted. These rules concretize the mentioned principles of legal regulation of kinship relations for the benefit of any politically organized society

Pages
1203–1212
EDN
NSSEFK
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/153030

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