The Society-of-Angels Argument and the Modern Legal Positivism
The Society-of-Angels Argument was put forward by the prominent legal philosopher Joseph Raz in order to substantiate the pre-eminence of the coordinative function of law and to downplay the role of coercion in law. The argument has a considerable impact on the development of the modern legal positivism. It was endorsed by one group of legal positivist and criticized by another. In this paper I analyze and critically assess what I consider to be probably the most sophisticated criticism of the Society-of Angels Argument presented by the prominent legal scholar Kenneth Einer Himma. My conclusion is that the Society-of-Angels Argument remains an important contribution to the philosophy of law and its criticism remains dependent upon the particular image of a legal system which I consider unrealistic and outdated.
The article is devoted to the analysis of logico-semantic functions of the relators et, mais, ou, ni forming the system of coordinative conjunctions in French. The criteria permitting to separate them from other connective elements are their capability to participate in the construction of gramatically homogeneous series as well of compound sentences where the subject of the second clause is not expressed.
This book of conference papers includes presentations and articles of Russian scholars, who took part in the 1998 conference in the lae faculty of Mari State Univeristy. The leading scholars discussed problems of theory and philosophy of law and teaching programs on theory of state and law discipline in Russian law schools.
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”).
I argue that the rather unfavorable conclusions of the three papers in the session on "Coordination and Tradeoffs" might not be as bad as they seem. In particular, I dwell on challenges facing the central bank using an interest rate that is different from the risk-free rate in its Taylor rule, and show that proper redefinition of the intercept and the slope of the rule allows avoidance of inflationary bias and preserves the stability of equilibrium.
The basic directions of use of toolkit of logistics and management of supplies chains for eliminations and preventions of the crisis phenomena in economy are considered. It is shown that integration and logistical coordination are the basic ways of economy of expenses and optimisation of stock level in supplies chains. Types of integration decisions and a commitment of optimisation of logistic business processes in supplies chains are considered.
The paper discusses case (non-)coincidence in elliptical coordinated constructions, which is one of the most wide-spread type of errors that Russian native speaker make.
The book comprises the articles about legal methodology and new developments in understanding of law and its tools of art.
Article continues subjects of modeling of the logistical centers (LC). Definition of operational model LC is made. Typical variants of construction of operational model from simple model of rent of the warehouse areas to operational model LC of high level with participation of the 4PL-provider are considered. The algorithm of a choice of logistical operators in LC, based on a method of a rating estimation is offered. Variants of operational
model LC with participation 3PL and 4PLпровайдеров are analysed. It is considered функционал the 4PL-provider in aspects of interorganizational coordination of counterparts LC.
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/