Язык и право в философии Джорджо Агабмена
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 article analyses the specific trends of the relations between social groups within Brazilian society. It applies C. Schmitts concept of the state of emergency to assess the political [cultural, social] significance of Brazilian Carnival. The music of Samba as one of the key symbols of Brazil is also discussed in this context.
The article was devoted the analysis adaptation strategies of the Roman Catholic and Russian Orthodox Churches to the new social and political conditions in the last decades. The author comes to the conclusion that Russian Orthodox Church chooses strategy of conservation to the new social and political conditions and Roman Catholic Church makes decision to follow democratic adaptation strategies.
The author addresses the question of the relationship between religious and national identity, in particular to those cases where there is their identifi cation. The author focuses on the Spanish experience of 1930-s, when formed the ideological construction of the so-called national-Catholicism was formed, justifying special spiritual mission of the nation, based on its alleged inherent rejection of democracy. Over the next few decades, the National Catholicism played the role of the offi cial ideology of the Franco regime. The article compares the Spanish experience with the situation in today's Russia, where, according to the author, there is a tendency for "nationalization" of religion, its politicization and indoctrination.
When considering L. Feuerbachs thesis, that god is a projection of human potentiality, our spiritual reality could be seen as a trinity: the acting and deciding ego corresponds to the Son; the depth persons corresponds to the Father (including conscience, creative impulses, the ability to love, phenomenological perception, higher emotions); and the Spirit can be seen as the unifying force enabling Son and Father to communicate with one another in the human being. Trinity was interpreted differently in western and eastern Christianity. In eastern Christianity, solely God the Father is origin of the Holy Spirit. Western Christianity, by contrast, sees the origin of the Holy Spirit also in the Son of God. Characteristic features of Russian mentality can be derived from this, becoming apparent in passivity and submissiveness to authorities.
The article is dedicated to historical analysis of crimes committed on securities market till the 20th century. Important part of the article is indication of economic conditions. Thanks for it the meaning of legal acts becomes clear. The author concludes on existence the developed securities market and necessary criminal rules to its protection.
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/