НЕКОТОРЫЕ ОСОБЕННОСТИ ИСПОЛЬЗОВАНИЯ СРАВНИТЕЛЬНО-ПРАВОВОГО МЕТОДА В ЦИВИЛИСТИЧЕСКИХ ИССЛЕДОВАНИЯХ
using comparative legal method as an example the article is devoted to the analysis of methodological parts presented in civil law thesis, selected methods of scientific research, used both by general methodological science and the methodology of law. There is no doubt that the right choice of the scientific methods provides a successful solution of the research task and justify the provisions of scientific novelty.
The author of the article analyses significance and problems of use of comparative-law method in contemporary financial law.
In the report the following approach to a problem of “methodological pluralism” in psychology is offered: in the transformation of psychological phenomena, rather than creating a ladder of “explanation levels” (on which it is possible to climb or to descend to such “fundamentals”, but which cause the explanations to go beyond the framework of psychology), instead, have a topological system, where “levels” or types of explanation are mutual “transcriptions”, ways to read their own senses in different languages. This approach is analogy to methodological abduction (cf: Ch. Pears) – to form and select hypotheses of sense connections between different types of explanations in psychology and their subsequent verification. His goal is the organic unity of different explanatory possibilities of psychology. Experimental refutation of any explanatory hypothesis affects the whole, or almost the whole, complex of different scientific-psychological explanations, which cannot remain indifferent to such rebuttal. A new importance is given to questions about the nature of refutations, empirical basis, about the meaning of “increasing of empirical content” (I. Lakatos) or “competition between various explananses” in the psychology.
This book is devoted to the history, metodology and philosophy of science, as well as sociology and culture problems of scientific community in modern Russia.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
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/