Review of Bjarne Melkevik, Philosophie du droit, t. l, Quebec, Les Presses de l'Universite Laval, 2010. 649 p., ISBN 978-2-7637-8952-1
This paper is a review of "Philosophy of Law" (Vol. 1), the book written by the outstanding Canadian legal philosopher Bjarne Melkevik
The article represents the retrospective view of J. Bentam’sideason the state, law, moral and their historical dependence. The assumption is made on the relevance of the thinker’s ideas to modernize the political and legal life in Russia including those on legal laws.
The article discusses several legal phenomena through the prism of philological views of the distinguished Russian typologist, rhetorician, educator, linguist and philosopher Yuri Rozhdestvensky. The author, his former student, argues that philology can contribute to the analysis and understanding of law more, than it has been traditionally acknowledged. In particular, legal theory can benefit from philological views on name-giving and author-reader relationship, correlation between dynamics, development and improvement in evaluating the processes which take place in linguistic changes and law changes, on typology and search for universals, on human reasoning, on semiotics and on role of mythologems both in philosophy and in law.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/