Теория государства и права. Философия права: материалы конференции.
This book of conference papers includes presentations and articles of Russian scholars, who took part in the 1998 conference in the lae faculty of Mari State Univeristy. The leading scholars discussed problems of theory and philosophy of law and teaching programs on theory of state and law discipline in Russian law schools.
Article analuses the dispute between Ronald Dworkin and H.L.A Hart in the context of legal positivism and attempts to overcome it in the contemporary legal education.
The author of the present article considers the conditions under which the general theory of law can be justified as a scientific discipline
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 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.
The book comprises the articles about legal methodology and new developments in understanding of law and its tools of art.
In this article Professor Bulygin analyzes rationality of law in the light of legal positivism
This article deals with the objectives and the main areas of activity of the European Academy of Legal Theory. The authors point out at the challenges which the contemporary world put before the legal theory. They analyze the experience of the European Academy of Legal Theory in addressing these challenges. In particular, they touch upon the issue of innovative technologies and renewed priorities in teaching legal theory. The authors focus on the efforts of the Academy to lay down a framework for a united intellectual environment for those who teach theory of law and conduct their scientific research in this field. One of the characteristics of these efforts is the project AMELIE. Its objective is to introduce a united master program in legal theory where several big European universities will cooperate. In conclusion, the authors stress the necessity to reform the system of legal education in Russia and consider it appropriate to examine the positive experience of the European Academy of Legal Theory in this regard.