The article contains critical evaluation of Giorgio Agamben’s views on relation between law and language. His ideas are of great interest to the philosophy of law because they offer a new approach towards the genealogy and purpose of law (law as an institution which gives language power over the world of facts) and radically put in question the connection that exists between law and language. Agamben’s thesis is built upon the presupposition that law (as well as religion) derives from more ancient institution of oath, the purpose of which is to establish a firm bond between language and reality. The efficacy of oath (as well as of law and religion that succeed it) requires a certain experience of language, which presupposes the figure of God to ensure the reliability of oath. Agamben’s critique of modern state of the problem centers around the idea that today the language in law can no longer found its potency to affect reality upon the figure of God and for this reason the experience of language in which law has emerged and in which it continues to exist finds itself in insoluble crisis. This article puts Agamben’s ideas about law and language in the context of his philosophical project in order to locate methodological boundaries of Agamben’s approach. The main concern about these boundaries is that law itself is not problematized enough in its relation to religion. The difference between these phenomena is blurred inside homogeneous concept of “experience of language”. This broad generalization in which law and religion become indistinguishable works against Agamben’s project, for the aim of his critique – law – eludes the sight.
The author studies the rituals and rules in the relationship of kings and nobles in medieval Rus'. The key issues are if the nobles swore an oath to the kings when entreing their service and if the nolbles exercised the so called "right of departure" when leaving the kings' service. The author's approach is comparative. He uses the evidence on the vassal rituals and norms in medieval countries of Europe, first of all, in Scadinavia in the 11-13th centuries.
The article is devoted to the analysis of the provisions of the Welsh Laws of Hywel the Good, related to the criminal law. The law remained the main source of law in Wales until the conquest of the Principality of English by King Edward I in 1284, and the introduction of Statute of Rhuddlan in 1284. The creation of the Act is attributed to the Welsh King Hywel the Good (X century), although the earliest surviving manuscripts of the Act are dated back to the 13th century. Particular attention is given to the substance of the third part of the Act "Justices' Test Book", original manuals, knowledge of which was mandatory for the administration of the duties of a judge. This part of the Law distinguishes the contemporary medieval vaults from the Laws of Hywel the Good. "Justices' Test Book", which is a set of rules of criminal and procedural law, consists of sub-sections, dealing with murder, theft, fire, compensation for damage caused to property, personal injury. The main part of the "Justices' Test Book" is dedicated to order payment of all sorts of compensation and fines associated with the commission of an offence. The author emphasizes the role of the clan in Welsh society: all fines and compensation payments were laid on the shoulders of the perpetrator and his relatives.
A major issue addressed in the article is the evidence of the commission of the offence by the accused. The author draws the attention to the process of announcement and the process of finding an acquirer in bad faith of assets recognized as stolen. It is interesting that such a rule is found in the Russian Justice and Swedish Vestgjotalage. The author finds the ascendancy of compensation payments for damage caused prevailing over the above penalties in Welsh law, explaining this relative weakness of public authorities on the one hand and the other by legal tradition, as even the increased power of Welsh Princes in the XII-XIII centuries. has not led to significant changes in the rules.
Since the reign of Peter the Great, the Russian sovereign, be it Tsar, Soviet or Putin, has required demonstrations of ‘loyalty’ that evidence subjects’ interior as well as exterior states. This article explores, through historical and current ethnographic examples, how Old Believers, a dissenting movement of Russian Orthodox Christians, have sought to reconcile this worldly demand with their overarching allegiance to the Kingdom of God, and their refusal to acknowledge a separation between the spiritual and the temporal. This dichotomy is particularly problematized around the swearing of oaths of fealty and the giving and receiving of decorations and orders that vouchsafe loyalty to state or sovereign.
The article is the first thorough treatment of the ritual "cross-kissing" which was used in medieval Rus' and in Russia until 1917 in politics, administration of justice and private relations.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
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