Russian political thought of the nineteenth century
minimum of morality gave law a function of ensuring for everyone a mini-
mum of positive freedom, including the minimum of welfare necessary for a
dignified existence. Soloviev saw dignified existence as a new right of man,
something legally claimable, and interpreted it very broadly: as including not
only rights to employment, to proper working conditions and proper earn-
ings, but also to rest and free time. He exhibited also ecological concerns,
demanding legal safeguards for the preservation of the natural environment.
In this manner classical liberalism of the free market and absolute private
property was transformed into a new social liberalism. No wonder that
Boris Chicherin, the most consistent representative of classical liberalism in
Russian thought, strongly disapproved of Soloviev’s position. In his view
Soloviev’s definition of law misinterpreted the nature of both law and
morality. Law, backed by the coercive power of the state, defines only
the limits of liberty, whereas morality defines dictates of moral duty, which
cannot be legally enforceable. Hence, if law and the state were conceived
as serving moral aims, the inevitable result would be boundless tyranny,
suppressing freedom of conscience and, therefore, recalling the practices
of theocracy. Seen from this perspective, Soloviev appeared to Chicherin
as legitimising theocratic despotism and deserving to be called a modern
Torquemada.
In his own legal theory, set forth in the two volumes of his Property and
State (1882–3), three volumes of A Course of Political Science (1894–8)and
in Philosophy of Law (1900), Chicherin combined economic liberalism with
Hegelianism. Following Hegel, he conceived of civil society as a sphere
of conflicting private interests, a sphere of individualism and economic
freedom, regulated by private law, seen as the purest expression of the idea
of law in general. He accused legal positivism of blurring the fundamental
difference between private and public law, at the expense of the former. He
insisted that this led to an illegitimate expansion of the legislative authority
of the state, thus paving the way for socialism (which he saw as a total
bureaucratisation of life and, therefore, a full suppression of private freedom).
As a political thinker Chicherin held the view that transition to consti-
tutionalism in Russia should be preceded by the introduction of universal
citizenship through the liquidation of the separate status of the peasantry,
that is, through the transformation of millions of peasants from the status
of wards of the state, attached to the compulsory rural communes, to the
status of individual proprietors, subjects of private law, equal before the law
with other members of civil society. He developed this view in a prog ram-
matic manuscript The Tasks of the New Reign, written in 1881 for the new
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