Professor Guram Natchkebia as a Criminal Law Philosophy Problems Researcher (According to the Works Published in “Philosophical Investigations” Collection)

Abstract

This work covers the philosophical analysis of research of criminal law problems according to the works published in “Philosophical Quests” Collection of the Academy of Philosophic Sciences of Georgia by one of the modern prominent representatives of Georgian jurisprudence, Professor Guram Natchebia. Namely, it covers the philosophical problems of crime as deny of law, its concept-forming categories, deliberate crime as the idea and basis of value error and criminal relations, boundary categories of guilt and axiological aspects of law. Special attention is paid to attitude to criminal responsibility, as any concrete obligation, not person’s obligation, what allows foundation of positive responsibility idea; analysis of guilt and irresponsibility as the synonymic notions, presentation of the basic categories of general theory of law: “composition of act” and “illegality” and the social philosophy category of “guilt”; consideration of guilt as phenomenon on the boundary of psychic and normative and its boundary categories (responsibility with its positive and negative aspects; freedom; cause and effect; quantitative and qualitative; legal relations; moral; sense of responsibility; conscience); Taking of the categories of “illegality of action” and person’s “guilt” out of the descriptive consideration structure for foundation of the normative notion of guilt and their announcement as evaluative, axiological categories, as opposed to the category of “composition of act”, as a gnoseological category. It is demonstrated that Professor Guram Natchkebia’s works cover both general principles of philosophy of law and philosophic matters of the general categories of law. Contribution of Professor Guram Natchkebia to development of Georgian legal philosophy in general and namely, of the Georgian criminal law philosophy is assessed.