Избранные труды. Правовое мышление и профессиональная деятельность юриста. Том 4
The book is prepared on the basis of the materials of the interuniversity conference (a meeting of theorists of law) dedicated to the 200th anniversary of the birth of Karl Marx. Although the articles presented in this book do not reflect the entire richness of the creative legacy of the young Marx, they lead readers into the world of realities of statehood of the mid-19th century and their subsequent evaluations (up to the present time) by the representatives of different philosophical and theoretical doctrines. The efforts of the conference organizers, authors and compilers of the collection are aimed at understanding the world scientific and legal heritage and its role in modern society, as well as at solving practical problems to overcome social crises, involving the search for answers at the General theoretical level, which allows to build an adequate legal policy, to determine the vectors of effective and sustainable development of the state. The book is prepared for everyone who is interested in problems of law and justice and, in particular, for those young researchers, masters and graduate students who comprehend the history of legal thought
The article discusses the views of Alexei Borovoi, one of the most prominent representatives of Russian post-classical anarchism, on issues related to the phenomena of parliamentarism and representative democracy. The first part of the article examines the basic philosophy behind the concept of anarcho-humanism, which determined Borovoi’s critical attitude to parliamentarian organization. His doctrine are based on negative dialectics and the continuous pursuit of an ideal that sends the society on an eternal quest for political forms compatible with the requirements of individuals with an ever increasing degree of liberty. The main part of the article analyzes Borovoi’s arguments against parliamentarism that can be summed up in the following six points: (a) the class nature of parliaments and the fi ctitious power of popular will; (b) the tyranny of the masses; (c) the parliament’s subordination to the government; (d) the opportunism of political parties; (e) the hypocrisy of election procedures; and (f) non-professionalism of parliamentarians.
Violence is the major threat to civilization. Since the monopoly on violence belongs to political states, the core problem is the excessive violence of the states. There are two aspects to this problem: violence toward the citizens of the state, and violence toward other states. The author treats these two facets of violence as two sides of one coin. The purpose of this essay is to highlight a possible normative approach toward the violence-free society
Law as a Model for Solving Ethical Issues
The author discusses the thesis proposed by H. Hazlitt that jurisprudence has developed such methods and principles of solving legal problems that could also serve as a guide in solving ethical problems. The article critically reviews the reasoning behind this thesis made by H. Hazlitt and L. Yeager. A special attention is paid to the influence of J. Bentham’s utilitarian ideas on the formation of Hazlitt’s conception. Not being a lawyer, Hazlitt in the work The Foundations of Morality argued that the law affects morality. In Hazlitt’s ethical theory judicial precedents affect the formation of moral rules. Hazlitt compares the formation of general rules in the sphere of morality and law. Using the formula of evaluation of moral rules proposed by Hazlitt, situations should be considered from three positions: subject of action, object of action, and impartial observer. Even though Yeager develops the ideas of Hazlitt, the former uses different arguments to substantiate the main thesis. Yeager believes that the laws have to declare the norms of morality. However, the arguments of Hazlitt and Yeager should be considered critically, as some researchers have done. As an additional argument to support the article’s main thesis, it is proposed to use the mechanism of conciliation procedures as a model for solving ethical problems. The article concludes that the thesis proposed by Hazlitt is valid but requires further reasoning and research by the philosophers of law.
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/