Cadernos de Pos-Graduaçao em Direito
The object of the article is to comapre the legal regulation of the gas industry in BRICS States. The author apply legal comparative analysis to the legal sources, forms of the acces to natural ressources, regulation of the transport, distribution and trade.
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its “pragmatic turn” towards inference and the construction of meaning. This book investigates to what extent a pragmatically-based view of linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on “the letter of the law” and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user’s experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, “in” the text rather than constructed by speakers and hearers … the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, … beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning, confined to the text vs. reaching beyond it, will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
The article is devoted to lawful regulation of a ligal deposit copy of documents. According to the Law types of a ligal deposit copy of documents, categories of their producers and recipients, terms and order of delivery a ligal deposit copy of documents, responsibility for their violation are presented.
Article examines key constitutional and legislation provisions of the Russian Federation concerning usage, preservation and conservation of natural resources with regard to special rights of indenous peoples.
This article deals with the problem of a discrepancy between the law and rights as the concepts of Islamic legal thought and modern science. A proposed solution suggested by the author is to examine the approaches towards these concepts existing in the modern legal science. In addition, this work provides a number of examples of the law and rights’ interpretation in Islam. This article is an interdisciplinary study of rights, Islamic legal culture, Sharia and Fiqh through the prism of Islamic knowledge, legal theory and legal policy.
There are analyzed those types of the shadow economy, which have been most widely spread and covered not only legal economy, but also politics, state, law, culture, education, science, health care etc. A particular emphasis is placed on the relationship between different types of shadow phenomena that allows you to select among them those, which cause similar effects, and focus on them a paramount theoretical and practical attention
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/