Article
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
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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.
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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/