Spravedlivost’ [justice]: The origins and transformation of the concept in Russian culture
This paper discusses the genesis of a basic concept of moral discourse – the concept of “justice” [spravedlivost’] – in Russian culture. This study was inspired by the lack of Russian and foreign research of the evolution of the concept of “justice” in the Russian language. The methodological basis of this work is the late Wittgenstein’s philosophical principles of interpreting social phenomena through the real word usage. This paper presents historical study of “justice” on the basis of sources from the late 11th through the 20th century. The analysis consists of two stages: 1) Identifying the time of the appearance of a given word-concept in the Russian language and explaining its origins in its socio-cultural con- text; and 2) tracing the semantic evolution of the concept in connection with social and cultural dynamics.
A dictionary of the main categories of Russian culture from the beginnings until the 20th century; Absolutism, Antichrist, Aristocracy, Army, Bolshevism, Orthodoxy, Intelligentsia, Lenin, Metro, Tsar etc.
Should the loyal citizen obey unlawful laws? What is the relationship between positive law and justice in the context of rapid social change? By which criteria are we to appreciate them? What are the views of professional lawyers, as well as those of different political opinions: conservatives, liberals, and 'left-wingers'? To clarify the unsolved character of this question, and the growing divorce between positive law and the notion of justice in post-Soviet Russia, the author demonstrates the competitive character and variability of strategies for the juridical construction of reality regarding such key parameters as property relations, national identity, state and the political establishment. He presents his own vision of the rational combination of the legitimacy, legality and efficiency of juridical decisions in order to overcome the conflict of law and justice, legality and efficiency, and political reason and the social ideal.
The article deals with the issues of responsibility in civil procedural law from the point of theory and methodology of the contemporary jurisprudence. The article gives a new interpretation of the system of legal responsibility and the role of the civil procedural responsibility in this system. The mechanism of procedural responsibility is interpreted through the concept of contempt to court.
The article introduce translation of John Rawls's research "The Law of Peoples". This lection was written in 1993 and has not been translated into Russian before. This article analyses the conception of international justice extended by Rawls considering its terminology, methodology and basic points. International justice is explored in correlation with rawlsian fundamental theory of justice. But through the special scope conception of international justice based on liberal values goes beyond liberal societies and gives a framework for transformation of international law and policy.
In this article is considering the process of a forming and evolution of the concept of yerro in the romance language of the first half of XIII cent. On basis of the bilingual texts of the period (Etimologiae of Isidor of Seville, Fuero Juzgo) and also of the official papers of Fernando III is making an analysis of the principal meanings of described concept in this period. Yerro during the reign of Fernando III was considered as a term more ethical than juridical and was used mainly for designate an error, a sin, a fault, but not a crime.
The concept of war has always been fundamental for understanding of politics. But there's still no appropriate war and enemy theory available. I suppose such a theory should focus on the concept of bracketing of enmity. It should use just war theory principles limiting the possibility of armed conflicts and limiting methods applied to war. This approach takes in account both principles of law and justice that treats enemy as necessary part of political existence.
This book proposes to cast some theoretical and empirical light upon the external dimension of Justice and Home Affairs (JHA) which has become a priority in the European Union (EU)’s external relations. Counter-terrorism, visa policy, drug trafficking, organized crime or border controls have indeed become daily business in EU’s relations with the rest of the world.
The external dimension of JHA is a persistent policy objective of the EU and its member states, as the 1999 Tampere summit conclusions, the 2000 Coreper report, the 2005 Strategy for the External Dimension of JHA, and the integration of JHA chapters under the European Neighbourhood Policy testify.
With an interdisciplinary ambition in mind, this book reflects an attempt to draw together theoretical and empirical insights on the external dimension written by academic scholars that take an interest in questions of JHA and European Foreign Policy (EFP). It does so from an issue-oriented perspective (civilian crisis management, the European Neighbourhood Policy, counter-terrorism policy, visa policy, passenger name record) but also from a geographical perspective with in-depth analysis of the situation in the Western Balkans, Georgia, transatlantic relations and of the Mediterranean neighbourhood.
This book was published as a special issue of the Journal of European Integration.