Рецензия на книгу: Уолдрон Дж. (2020) Верховенство права и мера собственности. Пер. с англ. С. Моисеева
The collection of essays focuses on the analysis of some arguments made by the analytical legal philosophers regarding the linguistic content of legal rules or formulation of the significant judgements about the linguistic nature of legal reality
This article refers to the English-American analytic philosophical and legal tradition, namely, the philosophy of law of Ronald Myles Dworkin (1931–2013). Dworkin introduces the category of principles as a tool for criticizing legal positivism of Herbert Lionel Adolphus Hart (1907–1992) and as the theoretical basis of his legal theory. The article touches the most important distinction between principles and legal rules (hereafter “rules” or “legal rules”), which is very important for the evidential power of Dworkin’s criticism. If there were no differences between principles and rules, the rule of recognition could be a relevant criterion for principles and therefore Dworkin’s criticism would not be consistent. This article analyzes two Dworkin’s articles “The Model of Rules” and “Social Rules and Legal Theory” and the critical article of the legal positivist Joseph Raz “Legal Principles and the Limits of Law”.
The paper devoted to rethinking of the main approaches to interpretation of the legal reality in analytical legal philosophy. The arguments on influence of "linguistic turn" to legal philosophy are considered.
In this article are analyzed the event of the International legal philosophy symposium “Rationality in law”. Author’s attention is focused on description of the main theses of the presentations made at the symposium. As to M. Antonov’s presentation the author stresses importance of analysis of the arguments in favor of unity of law that have been postulated in the history of legal philosophy and which have been often based on different versions of holism. In L. Clerico presentation it is underscored that the conception of weighting of principles elaborated by the contemporary German philosopher Robert Alexy is applicable in the realm of constitutional law. The presentation of P. Chiassoni was remarkable through its division between three kinds of truth: formal truth as correspondence of reasoning to laws of logic; instrumental truth as applicability of means for obtaining of certain goals; essential truth as selection of highest ethical values and relations between them. The report of R. Caracciolo was devoted to the problem of correlation between the binding force of norms and the persuasive force of reasons for action. J. Moreso analyzed the applicability of classical logic in the world of law and how laws of logic work in legal order. M. Farrell proposed an interesting reconstruction of the legal philosophy of Jeremy Bentham in the light of his project of codification and restructuring of the judicial system of England. In J. Rodriguez’s presentation were compared the differences between the logic of norms and the logic of normative propositions. E. Bulygin concentrated his attention on comparative analysis of analytical philosophy of law and of metaphysical conceptions of rationality in law. In his presentation C. Carcova defended the postulates of the school of critical legal studies. R. Vigo stresses the importance of natural law and legal argumentation in philosophy of law. In his presentation J. Cerdio attempted to differentiate law from morality through the lenses of Kantian division between theoretical reason and practical reason. R. Gibourg described and compared the relative force of magical and rational principles in law. In the presentation of E. Lisanuyk three images of deontic logic in law were analyzed.
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/