Проблемы философии и методологии права
In the present paper the author examines the problem of systemacity of law, analyzes the ways in which the normative material is structured. Basing on the conception of normative systems by C. Alchourron and E. Bugygin, the author criticizes some assertions made by Russian legal theoreticians about systemacity of law and calls for a more nuanced approach to elaboration of legal terminology.
In this work Georges Gurvitch examines the principal philosophical ideas of Boris Chicherin and Vladimir Soloviev about law
In this book are collected papers of the authors who discuss the ethical and anthropological characteristics of the contemporary law in the situation of methodological pluralism in the context of debates about classical and postclassical paradigms of scientific knowledge in legal science
Abstracts for report Anton Didikin at Lisbon Congress
In this article the author examines a recent turn in European legal history from the postwar consensus to European legal history in global perspective. He explains the two types of legal histories though the relevant ideological background and reviews the basic concepts. Also he evaluates the consequences of this turn for the inter-disciplinary interaction of legal historians with comparative law, anthropology, socio-legal studies, legal theory. Finally, he reviews the first results of the new approach, including the discovery of legal diversity and hybridity in European legal histories.
Abstracts of International Legal Philosophy Congress in Lisbon 2017
The article examines the issues related to application of rules of retrospective criminal law and proposed for discussion by the Supreme Court at the Conference "Challenges of operation of law in time in the light of humanization of criminal legislation: doctrine and practice" held on March 16, 2012.
This paper is divided into three parts: it first gives an historical analysis of the legal concept of 'no man's land' (in Latin: terra nullius) and its role in legal and theological controversies surrounding the colonisation of the Americas. It then goes on to show how these Hispanic debates form the basis for Locke's views in the matter. Finally, it addresses the question to which extent Locke's erroneous presumptions still shape contemporary legal discourse. To this end, the 1992 landmark decision of the Australian High Court in Mabo v Queensland is analysed in depth. Even though the court was right in rescinding the concept of terra nullius, the judges were insufficiently aware of its colonial roots.
The collection of papers presents an overview of the study of the analytic legal philosophy in Russia.
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/