Особенности юридической техники западноевропейской правовой науки XIII–XV вв.
In the article the author defines the juridical techniques of the learned law in the 13th to 15th centuries as the art of exegesis of the authoritative sources of the jus commune. On the basis of several examples from the primary sources he analysis the core techniques which were aimed at remembering the voluminous texts, resolving textual contradictions, arranging the casuistic passages from the interpreted sources, applying the old rules to the new situations, and backing up various claims with arguments.
Author presents results of the scientific seminar " Legal regulation of economic activities in China and Russia" (series" Legal aspects of BRICS " ), held in St. Petersburg by the Law Faculty of the Higher School of Economics - St. Petersburg Branch, with a participation of 15 colleagues from 6 universities of China.
This collector contains international conference papers on legal theories. Papaers are related to a problem of symbolic and attributive entity of law. This problem is tried to solve in perspectives of legal phylosophy, history, techniques as well as in perspective of different branches of law.
Collected papers may be of law researchers, teachers, postgraduates and students interest.
The article deals with three constitutional projects of Francisco de Miranda, distinguished Venezuelan. It is devoted to analyzes of the characteristics of the project of 1798, based on the experience of British constitutional law and public law of Ancient Rome. Special attention is focused on provisions of the projects of 1801 and 1808: on temporary public power during the war of colonies for independence from Spain and on federal government after the liberation. F.Miranda used for these projects a constitutional experience of many countries. One of the sources of his intellectual reflection was the constitution of Ancient Rome, the most important elements of which were people`s assembleis and magistracy. These institutes were adopted by F.Miranda and creatively impleamented according to specific conditions of Ibero-America.
In this paper were examined the concepts of uso and costumbre as they are reflected in the Siete Partidas of Alphonse the Sage of Castile (1252 – 1284). Author analyses the problems of its introduction, principal qualities and procedure of the abrogation of a custom. The special consideration is given to the organic connections existing between the law of medieval Castile and the doctrine of European ius commune.
"10.07.27 Философские проблемы государства и права
10.07.31 Социология права
10.07.61 Теория права
10.09.91 История государства и права отдельных стран
The article is dedicated to the analysis of Big Data perspective in jurisprudence. It is proved that Big Data have to be used as the explanatory and predictable tool. The author describes issues concerning Big Data application in legal research. The problems are technical (data access, technical imperfections, data verification) and informative (interpretation of data and correlations). It is concluded that there is the necessity to enhance Big Data investigations taking into account the abovementioned limits.
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/