The Concept of Legal Coercion and Power-Conferring Legal Regimes
The basic question of the paper: are power-conferring legal rules coercive and in what sense can we say that power-conferring legal rules coerce? In his recent book, Frederick Schauer answers the first question in the affirmative and proposes an interesting account of how it works. I believe that this claim is unsustainable due to the inconsistencies in the psychological account of coercion ap- plied by Schauer, and his theory’s unrestricted reliance on counterfactuals. In what follows, I try to reconstruct the thesis on the coerciveness of the power-conferring legal rules. The basic insight is that the power-conferring legal rules coerciveness claim is inextricably connected to the unmoral- ized account of coercion, as any moralized theory shifts the problem from coercion to the issue of distributive justice. However, the unmoralized concept of coercion can hardly be coherent in law because it makes coercion a matter of context, dependent on the willpower of each individual, which threatens to eliminate the force of law as such. Even applied on its own terms, the unmoral- ized concept of coercion is unworkable within the context of power-conferring through law because power-conferring legal regimes do not eliminate non-legal alternatives, making it dependent on the will of the legal subjects themselves. Schauer's everlasting contribution lies in his ingenious attempt to substantiate the coercion (of power-conferring rules) claim relying on counterfactuals. A (co- erced) choice has been limited relative to some situation which never occurred but would or should have occurred. In order to limit a set of counterfactuals, making them realistic (preferences and needs are limited only by imagination), one should impose severe limits on them, which makes it impossible to characterize the particular situations described by Schauer as coercive in that sense.
The Incongruity Theory of Humor in its different forms states that the cause of laughter is the perception of something that violates our mental patterns and expectations. It seems particularly true of comic absurdity which is based on a deadpan violation of established norms of logic and convention. The current paper explores linguistic mechanisms that underlie the comic effects in the works of Mikhail Zoshchenko, one of the great satirists of Soviet Russia. Zoshchenko is well-known for his simplified writing style which imitates the language and mentality of “the simple people” while at the same time mocking the nascent Soviet officialdom and its demands for the popular accessibility of art. The paper considers Zoshchenko’s narrative through the prism of conventional implicatures (Grice 1961, Karttunen and Peters 1979, Horn 2004, Potts 2005, 2007), or meanings that are not directly stated in the utterances, but implied by the speaker; e.g. Even John solved the problem implies that it was it was not expected of John to solve it. In successful communication, implicit meanings form the shared background of conversational partners; violation of these shared norms may be used to create comical effect. One of the most conventionalized societal norms and one Zoshchenko most frequently violates is the value of human life and, hence, solemn attitude to death. The narrator in Zoshchenko’s stories repeatedly implies otherwise, thus creating a comical portrait of the mentality of Homo Soveticus. Consider a quote from “The story about a greedy dairy woman”: “So, her husband died. At first she probably took it lightly. - A-a, she thought – no big deal… But then she realized – yes, this is a big deal!... Eligible bachelors are not running around in bunches. And then, of course, she started grieving” (shift in emphasis; the cause for grief is not the husband’s death but its inconvenience for the surviving wife). The story “A restless old man” (about an old man who lives in a communal flat and falls into lethargic stupor taken by his family and neighbors for death and then after waking up really dies) is based on violating the same conventional implicature. Throughout the story the narrator implicitly creates the image of death as an inconvenient occurrence and of a deceased person as an unwanted piece of waste. The harshly comic effect is achieved by implicatures about the shallow emotional impact of death (“And then of course there is aggravation: because the room is small and here is a superfluous element”, “If my husband, this surviving idiot, ordered the hearse right away, then the wait for it would have only been three days”; “The summoned doctor reassured everybody that now the old man is bona fide dead”); by violation of semantic compatibility rules whereby the seemingly dead old man is alternately referred to as an animate being (“The dead man is lying and demanding the last tribute to be paid to him”, “The babysitter is afraid to be in the room where a dead person is living”) or inanimate object (“There is so little space that there is even nowhere to pile up the old man”; “I am going to pile him up in the hall, let him wait for the hearse there”).
The collection of papers presents an overview of the study of the analytic legal philosophy in Russia.
Eine politische Ordnung gilt als legitim, wenn die Burger sie anerkennen und bereit sind, den Entscheidungen der Herrschenden Folge zu leisten. Diese Bereitschaft wird gewohnlich als Ergebnus einer bewussten und freien Entscheidung verstanden. Dies ist keineswegs immer so. Sie kahn auch auf Gewakt, Zwang oder Terror beruhen. Autoritare Ordungen bedienen sich heute anderer Methoden. Machpraktiken wie Beeinflussung, Imitation und Manipulation sowie die Verfugungsgewalt der Herrschenden uber die zentralen Apparate zur Reproduktion inrer Hegemonoe wie das Bildungssystem, die Medien oder die Armee spielen eine zentrale Rolle, um Legititat zu erzielen.
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/