Рецензия на книгу: Bjarne Melkevik. Epistémologie juridique et déjà-droit. Paris: Buenos Books International, 2014. 121 p.
This paper is a review of a book “Legal Epistemology and Already-Law” of the Canadian legal philosopher Bjarne Melkevik. The most important ideas of this book are analyzed in this review, as well as the philosophical standpoint from which Professor Melkevik attacks the dominant ideologies and narratives of the contemporary legal philosophy. These ideologies and narratives are concealed with some dogmatic and formal categories and schemes of the traditional jurisprudence. In Professor Melkevik’s opinion, this “perverted consciousness” of lawyers results in their inability to comprehend and explain the factual existence of law which is basically represented in human communication about how to regulate their mutual behavior and how to resolve their conflicts. Professor Melkevik is persuaded that essence of law is revealed only in concrete existential situations, in narratives of human beings, in particular contracts, acts, judicial decisions. Taken out of the framework of these existential contexts, the word “law” turns out to be merely an empty entity which refers only to abstract philosophical schemes. The author of the review opines that the book of Professor Melkevik successfully combines the ideas of the European philosophical and legal traditions with some key conceptions of the Anglo-American authors (especially, the School of Critical Legal Studies). The author of the review finds a weak point of Professor Melkevik’s book in the fact that he does not sufficiently demonstrates that “just and fair” are immanently given in jural experience of human beings. A strong point of this book is coherence and audacity of Professor Melkevik’s conclusions. If law can be described with the help of the category of communication, then abandoning abstract notions and focusing on interhuman communication looks to be consistent.
Abstracts of International Legal Philosophy Congress in Lisbon 2017
The article introduce translation of John Rawls's research "The Law of Peoples". This lection was written in 1993 and has not been translated into Russian before. This article analyses the conception of international justice extended by Rawls considering its terminology, methodology and basic points. International justice is explored in correlation with rawlsian fundamental theory of justice. But through the special scope conception of international justice based on liberal values goes beyond liberal societies and gives a framework for transformation of international law and policy.
Gastronomic consumption practices are one of the main ways of forming the corporeal human identity, a marker of his/her cultural and social status. Specificity of food as a material medium of symbols and signs, which are assimilate d at the level of the most direct corporeal experience, determines its consumption as a complex system of communication links. Today, the practice of food consumption in the form of fast food is especially relevant and registers new forms and ways of communication, not only gastronomic, but also reflecting power and new gender relations. It can be argued that it is in the form of fast food (Mac-food) the symbolic content of food overcame and absorbed its physical and technical aspects.
This paper investigates the language situation in Moscow schools with an ethnocultural component – a new form of national schools. The analysis is based on interviews which were recorded in 2007, in two Moscow schools, one of them with Armenian ethno-cultural component, and the other, with Azeri. The sample included ten students from each school (five boys and five girls).
In the paper the process of linguistic integration of Azeri and Armenian children into modern Russian society is analyzed. The comparison between these two groups is particularly appealing, because the effects of Soviet Russification, and the language situations in general, were different in Armenia and in Azerbaijan. I show that this difference influences the use of language by Azeri and Armenian children.
Author shows how and why the method of radical interpretation proposed by D. Davidson can solve the problems that are ormulated in a variety of skeptical scenarios. In particular, the method of radical interpretation renders the Cartesian skeptical scenario (both in its traditional and recent versions) obscure and even deprives it of its status of a philosophical problem as such. Appealing to the diberence between intended and unintended lies, one can see how the global skeptical scenario gets solved in both cases. This paper also extends Willard Van Orman Quine’s argument for an expanded version of a naturalized epistemology by introducing social factors to this approach. In addition, there are always at least two necessary limitations imposed by communication on our hypotheses about knowledge and delusion.
The collection of papers presents an overview of the study of the analytic legal philosophy in Russia.
The article touches upon two innovative approaches to corporate communication. One example deals with the development of information technologies, and the other tells about the elaboration of a principally new, both internal and external, communication system in a company.
The article is dedicated to historical analysis of crimes committed on securities market till the 20th century. Important part of the article is indication of economic conditions. Thanks for it the meaning of legal acts becomes clear. The author concludes on existence the developed securities market and necessary criminal rules to its protection.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
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/