Проблемы методологии и философии права
The book comprises the articles about legal methodology and new developments in understanding of law and its tools of art.
The article discusses several legal phenomena through the prism of philological views of the distinguished Russian typologist, rhetorician, educator, linguist and philosopher Yuri Rozhdestvensky. The author, his former student, argues that philology can contribute to the analysis and understanding of law more, than it has been traditionally acknowledged. In particular, legal theory can benefit from philological views on name-giving and author-reader relationship, correlation between dynamics, development and improvement in evaluating the processes which take place in linguistic changes and law changes, on typology and search for universals, on human reasoning, on semiotics and on role of mythologems both in philosophy and in law.
The chapter examines the academic dispute in newspapers between two legal scholars on details of the judicial reform in Russia in terms of rhetoric.
This collector contains international conference papers on legal theories. Papaers are related to a problem of symbolic and attributive entity of law. This problem is tried to solve in perspectives of legal phylosophy, history, techniques as well as in perspective of different branches of law.
Collected papers may be of law researchers, teachers, postgraduates and students interest.
The article represents the retrospective view of J. Bentam’sideason the state, law, moral and their historical dependence. The assumption is made on the relevance of the thinker’s ideas to modernize the political and legal life in Russia including those on legal laws.
This book brings together academics and practitioners from a range of disciplines from more than twenty countries to reflect on the growing importance of transparency, power and control in our international community and how these concerns and ideas have been examined, used and interpreted in a range of national and international contexts. Contributors explore these issues from a range of overlapping concerns and perspectives, such as semiotic, sociolinguistic, psychological, philosophical, and visual in diverse socio-political, administrative, institutional, as well as legal contexts.
The collection examines the ways in which 'actors' in our society - legislators, politicians, activists, and artists - have provoked public discourses to confront these issues.
This work is classical for the history of legal science in the XX century. In this work Hans Kelsen formulates the basic principles of his normative theory of law. This volume serves as a foundation of the critical program of the Kelsenian legal theory which sought to reveal ideological dogmas and presuppositions which often are taken by lawyers for granted. The ultimate goal of this program was to avert legal science from investigation into the factual dimensions of law. Kelsen was confident that different methodological approaches inevitably lead to construction of different objects of scientific analysis. That is why law as a subject-matter for legal analysis differentiates itself from law as a subject-matter of sociological or psychological analysis. At the same time Kelsen did not intend to contest possibility of analysis of the factual dimension of law or to claim such analysis as unscientific. His point was to construct a special applied science of law which would examine law from the perspective of special legal methodology. This methodology resides in a particular linkage between facts and norms. This linkage or imputation is to be found and examined by legal science. This methodological step could afford delimitation between law and morality. Kelsen tried to describe the authentic normative structure of law through this special mechanism of imputation which made law self-referential.
In my paper I will analyze decisions of the Russian Constitutional Court and courts of general jurisdiction, in which they interpret ordinary and seemingly unambiguous words and phrases. In a number of cases this interpretation is made in a manner, which is suspect from a linguistic point of view. The analysis shows that there is no consistency in the application by Russian courts of the ‘‘plain language’’ rule and that literal interpretation may be used selectively as a means of legitimizing the decisions made on non-linguistic grounds. Though literal interpretation can be often incompatible with the concept of justice and therefore judges should also take into account other criteria, there are examples of court decisions, in which literal interpretation would have been more appropriate from the perspective of justice, separation of powers and human rights. The article shows how use and misuse of language by judges is employed as a tool in judicial decision-making.
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/