Правоведы и философы: Радбрух и Дворкин
Many different kinds of professionals work with law, but often they seek to use law for particular governmental or private purposes. Otherwise they focus on some specific areas or aspects of its creation, interpretation or application; or they study it for its interest judged by criteria that are given by fields of scholarly practice outside it. Is there a special significance for a role exclusively concerned with analysing, protecting and enhancing the general well-being or worth of law as a practical idea? This paper argues that such a role is important. Comparing Gustav Radbruch’s and Ronald Dworkin’s approaches to law, it asks how this role can be specified and how a professional responsibility for discharging it may be envisaged. Many professionals concerned with law adopt such a role incidentally or intermittently, but it needs more prominence and clear demarcation. The paper suggests that it can be seen as the specialised role of the jurist, treated as a particular kind of legal professional. The term ‘jurist’ would then have not just an honorific connotation. It would indicate a Weberian ‘pure’ type that may approximate some current understandings of juristic practice. But it would also identify a normative ideal – something intrinsically valuable. Seen in this way the jurist is one who assumes a certain unique responsibility for law.
In this book are collected papers of the authors who discuss the ethical and anthropological characteristics of the contemporary law in the situation of methodological pluralism in the context of debates about classical and postclassical paradigms of scientific knowledge in legal science
In this work Georges Gurvitch examines the principal philosophical ideas of Boris Chicherin and Vladimir Soloviev about law
Abstracts for report Anton Didikin at Lisbon Congress
Abstracts of International Legal Philosophy Congress in Lisbon 2017
In this article the authors examine some theoretical problems connected with communication in law. The authors address not only the problems of legal communication as of a communication between legal actors, but also to the communication understood as an exchange of ideas about law. In this last sense legal communication is based on reflections about social conditions and processes. The conclusions made by the authors concern such aspects as the law of the global community, the laws of regional societies, and the correlation between legal and scientific communication. The main thesis developed and defended in this article means that certain patters of behavior which were institutionalized by law and which give reasons for both free and coerced actions are also capable of structuring law and of maintaining its validity. The theory of legal communication developed in the framework of the theory of norms and actions allows for a careful examination of all the normative and factual structures and processes through which law is created. The social mechanism of realization of these structures and processes can also be explained in this perspective. The authors explain these ideas taking as examples certain conceptions of such legal scholars as Rene Koenig or Rudolf von Ihering.
The 20th century seems to be the most fruitful time for the philosophy of law in Russia, considering the contribution that Russian and Soviet legal thinkers have made to this discipline, and the role they have each played in the development of the international debate, despite the severe political impact that legal studies have suffered in Russia, not only in the Soviet period but also before the Revolution.
This paper is divided into three parts: it first gives an historical analysis of the legal concept of 'no man's land' (in Latin: terra nullius) and its role in legal and theological controversies surrounding the colonisation of the Americas. It then goes on to show how these Hispanic debates form the basis for Locke's views in the matter. Finally, it addresses the question to which extent Locke's erroneous presumptions still shape contemporary legal discourse. To this end, the 1992 landmark decision of the Australian High Court in Mabo v Queensland is analysed in depth. Even though the court was right in rescinding the concept of terra nullius, the judges were insufficiently aware of its colonial roots.
The collection of papers presents an overview of the study of the analytic legal philosophy in Russia.
This article analyzes the proceedings of the XXVI World Congress of philosophy of law and social philosophy “Human Rights, Democracy, Rule of Law and Contemporary Social Challenges in Complex Societies”. In author’s opinion, this topic is important as far as the developing countries now experience more acute problems and this necessitates for these countries to coordinate their economical improvement with protection of human rights. At the same time, the Western countries are faced with the challenge to find an appropriate reply to the criticism toward the model which was imposed by these countries to the rest of the world. The authors focus their attention on the plenary presentations made by the participants of the Congress who from different angles examined the problem of reciprocal dependence of human rights, democracy, liberal social order, and economical and cultural development. The plenary speakers drew the attention of the auditorium to such problems as interaction of the state law of the South African Republic and of the customary law acting in this country, legal guarantees against intrusion into the process of thinking, connection between jural regulation, human emotions, human reason, interdependence between legality of state order and security of democracy, balancing of judicial and political guarantees of rights, an individual human right to democracy, and some other urging and actual issues of the contemporary jurisprudence.
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/