НАУЧНОЕ НАСЛЕДИЕ В.К. БАБАЕВА: ВЕСОМЫЙ ВКЛАД В РАЗВИТИЕ ЛОГИКО-ГНОСЕОЛОГИЧЕСКИХ И ТЕХНИКО-ЮРИДИЧЕСКИХ ПРОБЛЕМ ЮРИДИЧЕСКОЙ НАУКИ
The article investigates doctrinal origins of a legal conception of subjective right in the legal science of late medieval and early modern Western Europe. On the basis of ongoing academic debate and primary sources the author argues that the concept of subjective right was coined in the context of the Renaissance and the Reformation through the adaptation of three groups of primary sources: the Corpus Juris of Justinian, the philosophical and ethical works of Aristotle and Cicero, and the medieval treaties on moral theology,
In the article the author defines the juridical techniques of the learned law in the 13th to 15th centuries as the art of exegesis of the authoritative sources of the jus commune. On the basis of several examples from the primary sources he analysis the core techniques which were aimed at remembering the voluminous texts, resolving textual contradictions, arranging the casuistic passages from the interpreted sources, applying the old rules to the new situations, and backing up various claims with arguments.
The article examines the advantages to applying the concept of legal tradition when studying the medieval ius commune in Europe from a historical perspective. The author looks into three key elements of this legal tradition, namely legal science, legal education, and legal consciousness. Each component is characterized in its relation to the development of the ius commune and the legal order in Continental Europe.
The article is dedicated to the fate of N.D. Kondratyev's heritage in our country and abroad. It is shown that it is closely connected with the change of epoches in our history, the development of the world economy and economic theory in the twentieth century. The stages of the process of rehabilitation of a scientist and the return of his workbooks published after his rehabilitation are under consideration.
The article is dedicated to the analysis of Big Data perspective in jurisprudence. It is proved that Big Data have to be used as the explanatory and predictable tool. The author describes issues concerning Big Data application in legal research. The problems are technical (data access, technical imperfections, data verification) and informative (interpretation of data and correlations). It is concluded that there is the necessity to enhance Big Data investigations taking into account the abovementioned limits.
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/