The paper deals with different approaches to explanation of the communicative nature of law in the French legal theory and the philosophy of law in the first half of the 20th century
The overarching goal of this chapter is to examine the nature of the Russian psychological school of law from the perspective of the international realist movement. This will allow us to define its most common characteristics, its original ideas and general influence on the development of legal philosophy. Discussing the crisis of legal thought at the beginning of the 20th century, the author shows the impact of Russian legal philosophy on overcoming this impasse. Furthermore, the author emphasizes the role of the psychological approach in the formation of the realist paradigm and its influence on the development of critical theory in early Soviet law as well as its general influence on the legal sociology of the 20th century.
The present article is a review of the book entitled Law, Society and Community: Socio-Legal Essays in Honour of Roger Cotterrell published in 2014. The book under review is a collection of articles written in honour of the outstanding British legal scholar, one of the leaders of the contemporary sociological jurisprudence, Roger Cotterrell. Scholars engaged both in sociological research of law and in theoretical legal thinking contributed to this Festschrift. Almost all included essays are interconnected with the themes on which Professor Cotterrell had been working during his long scientific career. These essays are divided into the following three sections: socio-legal problems, issues of legal methodology, issues of globalization and comparative law. In spite of the seemingly heterogeneous character of the matters discussed in the book under review, in fact it proposes a coherent analysis of various aspects of law in the contemporary époque for the examination of which the socio-legal methodology elaborated by Roger Cotterrell can be useful. According to the review’s author, in terms of the discussion level and the quality of included materials, this book is one of the most important publications in the field of jurisprudence published in 2014 in English. The review’s author emphasizes that all subject matters of the reviewed book inevitably imply the discussion of a place and function of law in the public life. Be it empirical essays on protest movements or abstract reflections on some key concepts of legal science, they are united by the common interest to the socio-legal methodology. This methodology varies significantly and includes both socio-philosophical deliberations in the spirit of Durkheim or Weber and such methods of applied sociology as discourse analysis, interview, included observation etc. A brief overview of the ideas articulated by the authors of the reviewed book enables to assess multidimensionality of legal sociology in the contemporary Western jurisprudence and to reveal current developments of interdisciplinary research, as well as possible combinations of the methods used in such research.
In the present article are examined the basic facts about life of an outstanding Russian-French philosopher, lawyer and sociologist Georges Gurvitch, as well as the principal ideas of his scientific conception. The author focuses on the role Gurvitch played in elaboration of the methodology for socio-legal studies, and on the importance of this scientific project for contemporary sociological studies in law. The author demonstrates the connecting link between the philosophical ideas of Gurvitch about law with the key tenets of Russian philosophy; on this basis the author concludes in favor of actuality of these ideas from the standpoint of the continued integration of Russian theoretical jurisprudence into the worldwide legal science. The main concepts and schemes of the sociology of law by Gurvitch are examined by the author, including the concepts of sociability and of social law. These concepts are central to the legal conception of Gurvitch which sets out to overcome the shortages of the methodological individualism inherent to the classical Western legal philosophy of Modernity and at the same time to avoid the extremities of communitarism which are typical for the legal philosophy of Antiquity and of the Oriental world-outlook. Another direction of synthesis for Gurvitch was to reconcile the methodological principles of positivism and of metaphysics, which in the field of sociology are confronted as the positivistic methods of quantitative sociology and the abstract methods of social philosophy. Gurvitch sought to triumph over this conflict through postulating an ideal-realist method which allowed justification of integrative approach to law. Each legal order is created by the society through implementation of certain values, so that law is an attempt to carry out collective values, and first of all the value of justice, in a given social order. Validity of this order is guaranteed by the normative facts which also underpin efficiency of this order. In this way the social order acquires legitimacy and its basic values are accepted on the level of individual consciousness. It is the normative facts which unite two dimensions of law: the facticity (emotions, relations, actions) and the normativity (obligation, imperativity). The author stresses that the sociolegal conception of Gurvitch is based on the tradition of Russian legal philosophy. Here lies one of the major scientific merits of this thinker who introduced Russian philosophical debates into Western social-philosophical discourse and who thereby created methodological foundations for further elaboration of connecting links between these two discourses.
In this article, the author examines the socio-legal conception of Eugen Ehrlich and its relation to state law and judicial law enforcement. Analyzing the criticism raised against Ehrlich’s conception, the author emphasizes that this thinker stood on a scientific platform which did not necessitate any strict distinction between the factual and the normative – between Is and Ought – considering any attempt to draw a net distinction between societal phenomena as pointless. Ehrlich critically assesses both the state-centrist ideology of the doctrinal law and the metaphysic speculations about law, arguing that correct law enforcement needs to rely on sociological analysis. The judge should take advantage of methods of sociological research, which allows stating the actual trends of justice in society and comparing these trends with those existing at the time the applicable legal rules were adopted. This comparison leads to a correct balancing of the conflicting interests with a view to the values protected by the legal order. At the same time, the sociological data help the judge to reveal the will of the lawmaker who would protect the conflicting interests in the same manner as those which were protected when the lawmaker adopted the legal rules in question.
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/