О некоторых теоретических вопросах прецедентной революции в России
In this article the author examines some theoretical problems connected with the attempts to integrate principles of the precedent law into the Russian law. In author’s opinion, the basic problem is that of different normativity of law in the common law and in the civil law. In the English precedent law legal regulation is mainly exercised through casual rules created ad hoc, in the civil law regulation implies creating general rules. Uncritical utilization of the term “precedent” for characterization of judicial lawmaking in Russia can lead to superfluous analogies between the Russian and the English legal systems. To describe judicial lawmaking theory of law can propose more convenient terminology and conceptual schemes.
This topic is necessary to understand where the law comes from, from which sources it is possible to obtain information about legal norms. These sources in different legal families do not coincide, therefore, at least a brief overview of the peculiarities of sources of law in different countries is needed. This topic should equip students with knowledge of types of sources of law, peculiarities of legal customs, normative legal acts, normative treaties, judicial and administrative precedents, legal doctrines as sources of law.
The principle that logic provides norms for reasoning is a traditional basis for demarcating the bounds of logic as a discipline. Nowadays, the role of logic in ‘everyday reasoning’ has been challenged. The main aim of this study is to show the advantages of shifting focus towards dynamic model of normativity.
If considering traditions in law and in jurisprudence, one may assert that the most actual question in the contemporary Russia is the problem of precedent law. This problem is arisen in connection with some statements of the leading representatives of the judicial system about necessity to transform the Russian court process according to the model of the common law. One can investigate this problem through consideration of the new procedural institutes and their comparaive analysis.
This article deals with the general characterization of the legal conception elaborated by the prominent jurist of the 20th century — Hans Kelsen (1881-1973). The author examines the basic biographic facts about intellectual formation of this Austrian legal thinker. The author particularly underlines the relationship between Kelsen’s ideas about law, and his practical activity as law professor, jurist, and judge. The special accent is made on the period before the Second World War. In author’s opinion, it is during this period that the philosophical and conceptual basis of the pure theory of law has been laid down.
The collective monograph presents the results of the theoretical and historical-sociological research of the normative grammar of social action as well as the moral infrastructure of social order. The research was based on the in-depth analysis of the relevant mainstream and also rather peripheral ideas and concepts of classical and modern social theory, cognitive science and the ‘new’ sociology of morality. Among the main topics of the monograph are the theoretical re-interpretation of the concept of “norm” in an interdisciplinary perspective, the mechanisms of normative morphogenesis, structures of group and professional morals, and theoretical examination of risk-responsibility link in everyday moral evaluations. In addition, historical-theoretical reconstruction of some classical sociological theories is used for outlining new prospects in theoretical interpretation of the processes of normative change and crystallization and also of the multiplicity of normative systems. The book will be useful to readers in many different fields of social sciences and humanities, including those studying sociology at advanced level. It also will make an immediate appeal to the general reader familiar with contemporary social theory.
In this paper are studied the problems of legal development in the modern societies. This development is examined in the perspective of globalization and modernisation which lead the lawyers to the new understanding of communicative and social dimension of law. In author’s opinion, the contemporary theory of law needs a new approach to law which takes into account social possibilities of the interhuman behaviour and the social reality of law. Introducing such a theory implies a self-referent, operative and normative integrity of law and of the legal communication
The article considers different approaches to the issue of genesis of law. Examines the social nature and form of rules in (of) common law. The author comes to the conclusion that existed in the primitive society-of prohibitions is taboo, in fact, were of a criminal-law nature, and taboo of, in spite of individual dif-ferences mechanism of action, is the su-community primary form of criminal-legal influence.
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/