От "Нормы" к "Порядку": Эволюция правопонимания Карла Шмитта
The article presents a reconstruction of evolution of Carl Schmitt’s (1888–1985) legal ideas which influenced the theory of state and legal philosophy. The author of the article reflects on the main Schmitt’s writings, their influence on legal positivism, their connection with the institutional theory of Maurice Hauriou, analyzes Kelsen’s critical review of Schmitt’s views, interrelations between the ideas of Schmitt and the views of the Russian scholars Nickolas Alexeyev and Mstislav Shakhmatov.
The author of the article underlines that Neo-Kantian views affected the early Schmitt’s writings. However, the scholar opposed his views to the Neo-Kantian normativism of Kelsen. Defining the problem of correlation between the concepts of “norm” and “decision”, C. Schmitt has established the bases of the Decisionism doctrine within which the “decision” has become the main foundation of legal order, rather than the “norm”. The notions of sovereignty and constitution elaborated by the scientist have become examples of the Decisionism doctrine.
During 1930s Schmitt tried to combine Decisionism with the doctrine of “specific legal orders”. He underlined the “normal” concepts of the legal order, rather than the exception which provokes the “Decision”.
During 1940–1960s Schmitt’s vision led him to the opposition between the orders of “Land” and “Sea”. Schmitt challenged the universal character of international law and tried to pose new academic questions within the international humanitarian law.
The Chapter deals with main issues of relations of the Russian legal order with the external ones, including the background of the international law in Russia; its current status,the role of the highest courts in the interaction with supranational legal orders and main issues that arise in connection with them. The analysis is given of the recent case-law of the Russian Constitutional Court in this area and main trends of its development.
This article deals both with the problems related to the state, statehood and stateness and to the regime changes, democracy and democratization. The latter aspect nowadays has come to foreground of comparative political studies, especially if we are talking about up-to-date political changes and political development.
The article analyzes methodological frameworks for research of the government phenomenon within the post-Keynesian economic theory. Special attention is given to the investigation of fundamental uncertainty in connection with institutional functions of a government. Primary aspects of neoclassical and neoaustrian critics of active government interference are examined.
Research and the analysis of modern development problems of the theory of state and law form the main content of the monograph. The paper is focused primarily on the subject matter of the theory of state and law. The research principle pervades all content of the book. The polemic approach is typical for the majority of the authors of this publication. The main discussion topic: do state and law constitute realia, and to what extent do they feature logical and psychopolgical concepts, and to what - sociological ones. We did not pursue the aim to ensure unanimity in the authors' positions, and this circumstance can encourage using this book in teaching and learning activities.
The monograph was prepared following the results of the scientific conference 'Theory of State and Law: in Science, Education and Prectice' dedicated to the 75th anniversary of Professor V.V. Lazarev, which was organized by the Institute of Legislation and Comparative Law under the Government of the Russian Federation and Kutafin Moscow State Law University (MSAL) and took place on October 27, 2015.
Aimed at scientific workers, professors, postgraduates and students studying Bachelor Degree and Master's Program.
In the book presents the papers and translations devoted to philosophycal and legal legacy of Hans Kelsen
Les rapports entre ordres juridiques interpellent les juristes, toutes disciplines confondues. Les interactions normatives que ces rapports suscitent, le mouvement du droit qu'ils enclenchent, interrogent les fondements mêmes de nos cultures juridiques en modifiant en profondeur la structure des ordres juridiques et leurs notions fondatrices.
L'idée de Baptiste Bonnet, directeur scientifique de l'ouvrage, a été de faire se rencontrer de nombreux auteurs et membres de juridictions sur un sujet qui transcende les disciplines juridiques, de décloisonner, d'accepter de repenser des notions, de chercher de nouveaux outils et de permettre à la doctrine de porter un regard sur elle-même, sur ses évolutions et in fine sur le droit.
This is a contribution to the French-Russian Conference on Joseph de Maistre. Joseph de Maistre was a famous theorist and proponent of counter-revolution. He criticized the theory of the popular sovereignty of Rousseau and elaborated his own theory of the royal sovereignty. However, he was no advocate of the so-called decisionism, as Carl Schmitt depicted him in his writings on political theology.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.
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/