Muammar Gaddafi's state-legal doctrine: a look into the future

 
PIIS102694520010679-7-1
DOI10.31857/S102694520010679-7
Publication type Article
Status Published
Authors
Occupation: Professor of the Department of theory and history of state and law of the faculty of law of the Southern Federal University (SFU)
Affiliation: Southern Federal University
Address: Russian Federation, Rostov-on-don, ul. Maxim Gorky, 88.
Journal nameGosudarstvo i pravo
EditionIssue 2
Pages114-120
Abstract

The series of global and international regional crises that have become more frequent in the 21st century shows the imperfection of the unipolar world order and the weakening of the role of International Law. This fact actualizes the search for possible alternatives in the development of the national state and law, including by increasing attention to the doctrinal heritage of political leaders who have experience in implementing their own concepts in practice. Therefore, the object of scientific research in the proposed article is public relations, considered in the state-legal doctrine of Muammar Gaddafi. The subject of the article is the prerequisites and conditions for the emergence of a socio-political doctrine called the "Third world theory", which competes with the capitalist and socialist development of the state and law, as well as the content and prospects of fundamental and applied testing of this theory, set out in the so-called "Green book". The latter is of comparative legal interest not only for the states of the Islamic world, having the methodological potential to harmonize various types of legal relations. In addition, the article attempts to determine the rational combination of liberal and traditionalist tendencies in the development of the state and law, which remains unclear in legal science.

At the same time, the state-legal doctrine of Muammar Gaddafi is primarily adapted for the peoples professing classical Islam, including those living in the post-Soviet space. The special role of Mohammedanism in the latent regulation of social relations on the territory of a number of subjects of the Russian Federation can hardly be disputed by the scientific community (Bashkortostan, Dagestan, Ingushetia, Kabardino-Balkaria, Karachay-Cherkessia, Tatarstan and the Chechen Republic). In this sense, Gaddafi's teaching, which provides for the suppression of a religious worldview through the incorporation of a doctrine based on the cultural primacy of traditionalism, in this case Bedouin, Berber and Tuareg, enriched with the ideas of building a social state, still has practical significance. The state-legal doctrine of Gaddafi presents an original vision of legal development, which can be defined as "Islamic socialism", and this symbiosis from a comparative legal point of view is explained by the mixed nature of most modern national legal systems, which allows people with different cultural, religious and legal mentalities to get along within the same state. The hybridity of the Libyan legal system until 2011 consisted in its possession of features characteristic of the traditional, religious and socialist legal family. As a result, Libya, which still consists of many diverse communities, is conditionally united within the framework of three regional legal systems: Tripolitania, Cyrenaica and Fezzan, before its Western-style democratization, was a prosperous state that could offer Africa and the Middle East a special path of development based on "republican democracy". However, the political regime in Libya did not meet generally accepted human rights standards and did not receive universal support in the Muslim world, for example, in the Islamic Republic of Iran, as well as in a number of Pan-Arab monarchies. At the same time, the Libyan State adopted the "Great Green Declaration of Human Rights in the Age of the Masses", which demonstrates the possibility of the existence of a "national standard" of human rights.

The legal legacy of the former Libyan leader lies in a special attitude to the problems of law and the law, considered from the point of view of the historical school as focused on the special role of tradition in the regulation of public relations, and in general in legal practice. For this reason, "primary forms of law" based on the normative and regulatory meaning of custom and religion, in this case Sharia, were recognized as of particular importance. This approach completely contradicted the materialistic legal understanding that prevailed in the Soviet legal science; and as for positivism, it was subject to obstruction in the "Green book". Therefore, Muammar Gaddafi rather preferred natural human rights, determined by the very nature of human nature. In this sense, normativism as such was denied, as well as the system of legislation based on the primacy of the Constitution. Therefore, the Koran has become the basic law of the Libyan Jamahiriya.

The practical significance of the state-legal doctrine of Muammar Gaddafi is determined by his achievements in the socio-economic sphere, which were the result of the implementation of the "Green book" in practice. Until 2011, Libya was indeed a social State that fully ensured the right of the people to free health care, education, housing and land, as well as subsidies that stimulate demographic growth. This experience, of course, is of interest to the Russian Federation, which was declared a social state at the constitutional level, but it was determined by industrial growth and was based on the rational distribution of the precious resources obtained from the sale of oil and gas, for the disposal of which, in the conditions of Libya's international isolation, entire industries were nationalized. However, the legal science is even more interested in the model of state structure formulated by Muammar Gaddafi and implemented by him in practice, based on the direct non-partisan representation of the people in the majority bodies of public power. In the proposed scientific article, these concepts are disclosed in more detail.

Keywordscomparative law, the family of socialist law, Muammar Gaddafi, Libya, the family of religious law, the Jamahiriya, Islamic socialism, the family of traditional law, prospects for the development of the modern state and law
Received28.07.2020
Publication date17.02.2021
Number of characters25946
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