Методология сравнительно-правовых исследований
Researchers get easily lost when embarking on comparative legal research. The main reason being that there is no agreement on the kind of methodology to be followed, or even methodologies that could be followed. Moreover, almost everything that was more or less established in the area of comparative law over the last century has been increasingly criticised during the last few decades: the concept of ‘legal family’, the possibility of comparison itself, the object of comparison, etc.
On the other hand, comparing domestic law with the way the same area has been regulated in one or more countries has become almost compulsory in doctrinal legal research.
How should a comparative researcher cope with this apparent paradox ?
In this paper an attempt is made to work out a methodology for comparative legal research, which goes beyond the ‘functional method’ or methodological scepticism.
The starting point is the idea that we need a ‘toolbox’, not a fixed methodological road map, and that a lot of published, but largely unnoticed, research offers varying approaches, which could usefully be applied in comparative research. Basically, it is the research question which will determine which methods could be useful. Moreover, different methods may be combined, as they are complementary and not mutually exclusive.
As NGOs are emerging into prominent actors in international politics, the issue of measuring their political capability and efficiency draws particular interest. The paper offers a critical overview of core theoretical approaches to evaluating NGOs as politically accountable actors of global civil society.
The report addresses the methodological challenge of studying judicial reasoning in a Codified Systems of such Western countries as France and Germany in the 19th century and Russia in the late 19th early 20th century. The difference in style of Western European and Russian decision should be explained by taking into account national legal consciousness along with black letter rules of the codes and statutes.
This is the Proceedings Book of the International Conference on Foreign Language Teaching and Applied Linguistics (FLTAL) held in Sarajevo, Bosnia and Herzegovina, May 9-10, 2014. The FLTAL Conference aims to bring together researchers, practitioners, and educators with interests in language teaching and linguistics at all levels from around the world.
The paper provides a review of present-day studies on the problem of pilots’ performance in various flight conditions, with a focus on their methodology. Conceptual frameworks of the studies (concepts of working capacity, functional state and mental workload) are discussed, and different objective and subjective measures and methods used are described. Eye-tracking is regarded with special attention as a promising tool able to examine the internal mechanisms of pilots’ performance. The paper hints to the importance of systemic methodological approach to pilots’ performance assessment and proposes the direction for further research in the field of aviation psychophysiology.
Education by observation: Students in research process The article argues for a new technology in teaching students of state and municipal management. The method is based on direct observation and description of management practices by students who lack any systematic research skills (the «naive observer» method). The authors ague that the use of this method allows to solve two types of problem at once: a pedagogical one and a scientific one. Students observe, and provide a description of, facts of the Russian provincial life without any interpretation whatsoever, which allows to obtain a picture of the social life that is closer to the reality than the one obtained by use of interpretational schemes of sociologists and journalists. It is only the latter picture that is currently used by the authorities as a basis for management decisions and for developing projects of social changes.
In this work the problem of learning and development of creativity with a view to the position of reflexive psychology, akmeology and pedagogics in the context of the human capital analysis in the conditions of modern society globalization is raised. The theme is urgent from the practical point of view in demand of a creative personality under conditions of the economic crisis and at the same time it is actual, because it interprets creativity in a new way according to interdisciplinary approach. The author emphasizes that a reflexively-creative potential is considered to be the backbone factor of professional and innovative activity in modern social space. On basis of philosophical foundations' analysis of psychology of creativity we theoretically build the conceptual model of reflexive creativity and we also examine the precedents of its psychology-pedagogical development in the secondary and high education (in case of reflexive-psycological support).
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/