Объективность в праве и в юридическом мышлении
This paper is devoted to an analysis of a book written by the Finnish, Dutch and Belgian legal scholars on the issue of objectivity of law. The main objective of this book is to investigate whether there are any firm criteria in the legal theory, any
indisputable truths in the legal dogmatic, any preconditions of predictable and stable law-enforcement practice. Legal theorists consider their discipline as an objective endeavor in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practiced and how truth can be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. The analyzed book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse, which limit the possibilities of
‘objectivity’ in law and legal reasoning. The reviewed book reveals some of these underlying notions and discusses their consequences for legal theory. In the author’s opinion, this book is an important contribution to the debates about objectivity of law both in the world of legal science and in the Russian jurisprudence.
Proceedings of Philisophy of Law International Symposium "Rationality in Law" (Buenos Aires, 5-7 May, 2014)
The book shows as at the end of the 18-th – 19-th centuries Russians "populated” the growing public sphere by the voluntary associations, based on the principles of the Age of the Enlightenment. As a result of the mission of scientific associations, the civil society in Russia became unavoidable connected with patriotism and propagation of scientific knowledge. Analyzing the capabilities of scientific associasions for self-identification, independent activity and organization, the book create the wide institutional context, in the framework of which they acted, and also evaluates their role in the development of civil society in tsarist Russia. The development of voluntary associations in Russia is placed into the comparative context of European history and political thought. Although the historians emphasize the special features of the development of the Russian Empire, particular associations in Russia were the part of the European phenomenon. Their history reveals the important features of the relations between the state and the society under the conditions of the absolutism, when voluntary associations were created and was supported the space of public initiative and independent activity, from where the sprouts of citizenship grew.
Let k be a field of characteristic zero, let G be a connected reductive algebraic group over k and let g be its Lie algebra. Let k(G), respectively, k(g), be the field of k- rational functions on G, respectively, g. The conjugation action of G on itself induces the adjoint action of G on g. We investigate the question whether or not the field extensions k(G)/k(G)^G and k(g)/k(g)^G are purely transcendental. We show that the answer is the same for k(G)/k(G)^G and k(g)/k(g)^G, and reduce the problem to the case where G is simple. For simple groups we show that the answer is positive if G is split of type A_n or C_n, and negative for groups of other types, except possibly G_2. A key ingredient in the proof of the negative result is a recent formula for the unramified Brauer group of a homogeneous space with connected stabilizers. As a byproduct of our investigation we give an affirmative answer to a question of Grothendieck about the existence of a rational section of the categorical quotient morphism for the conjugating action of G on itself.
The proceedings of the conference "Rationality in Action: Intentions, Interpretations and Interactions". The project has been carried out as part of the HSE Program of Fundamental Studies.
The paper focuses on the concept of ‘financial strategies’ and addresses two problems: first, how to define the concepts of financial strategy and strategizing, and second, how to operationalize them into indicators for empirical research. The introduction to this new concept is based on the conviction that strategizing (which is understood as a specific attitude to life held by people who do not live for the moment, think about their future even if it is rather uncertain, set long-term financial goals and act towards achieving them), is an intrinsic factor in the financial behavior of people. It is argued that it is not possible to define financial strategy or to operationalize it objectively and universally since people operate in very different circumstances; i.e. in different institutional environments or at different stages of life, etc. The solution must be found in the interactionist sociological perspective with the emphasis on the construction of the interpretation of a situation: how individuals themselves make sense of financial strategizing in their own environment, the options they perceive and the constraints they feel.
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/