Коммуникативный подход и теория права
The authors of this article consider some issues connected with the theory of legal communication. These considerations are based on the presentations made by the authors at the German-Russian scientific symposium “Legal communication in the contemporary legal system” which took place at Law Faculty of Saint Petersburg State University on December 6, 2012. In authors’ opinion, it is not possible to explain the multifaceted reality of law with the help of monistic and unilateral theories. To arrive at an adequate explanation, one needs to refer to wider philosophical categories capable to describe societal (factual), normative, and ideal aspects of reality of law. The conception of “communication” might play this role in the contemporary jurisprudence. The idea of communication in law is deeply elaborated in the nowadays German legal philosophy, but it also is present in the Russian legal discourse. This thesis can be substantiated with reference to the work of Leon Petrazycki and of other representatives of the Saint Petersburg school of legal philosophy. Already in the first half of the XX century they formulated the problematic of legal communication and attempted to analyze it in the terms of legal philosophy of their époque. It is vital to take into consideration the opinions developed by the representatives of this school and to use their ideas as an intellectual itinerary in (re)constructing the philosophy of legal communication in Russia. This approach is also an important premise for the scientific discussions led by Russian and German legal scholars in the scope of “Petersburg Dialogue”.
The notion of globalization is relatively imprecise, and can be used loosely to embrace a large variety of different modern phenomena. Theorists abuse the G-words (a term of William Twining to demonstrate radical changes, or at least the changes which seem to be radical to some philosophers. Generalized references to new (quasi-)realities allow theorists to escape a long and laborious examination and comparison of legal phenomena in the past and in the present. This new kind of reductionism does not seek to describe complex systems through one or several prevailing elements as the classical scientific paradigm does. On the contrary, it is claimed that the growing complexity of the world requires a multidimensional approach which tries to embrace every aspect of reality.
In this work Georges Gurvithc analyzed the theory of sources of law formulated by Eugen Ehrlich
Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters.
The article analyzes the artificial and protected by the law component of the national wealth including social infrastructure, industrial, intellectual and ideological potential, as well as the mass of goods and personal property of the citizens. It pays the main attention to the issues of criminal law protection of social infrastructure, including the constitutional order, political and economic systems, health and education. It also provides us with the proposals on the improvement of the criminal law and their application.
The article examines various theories of punishment, their relationship and criticism. Punishment is an object of study for different disciplines. Interdisciplinary barriers should be overcome. In this article we are to formulate the main principles of convergence of jurisprudence and sociology in the study of punishment.
The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.
This book reflects the latest trends in the contemporary legal science. The author consequently develops his idea that interhuman communicatation and interaction play an important role in creation and in ligitimation of law, involving the social groups in a communicative process.
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/