Доктрины договорного права Западной Европы XI-XVIII вв.
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 this article author investigates a phenomenon of the reception of Roman law in the frames of the formation of pan-European legal system of ius commune arisen in Western Europe during the XII - XIV centuries. As principal elements of the cited system in the article are discussed Roman law (Corpus iuris civilis of Justinian), canon law (Decret of Gratian and the main collections of papal decretals), feudal law (Libri feudorum) and the ordinary gloss which has accompanied all of the indicated texts. Also author insists on update of existing in Russian science historical conception of reception of Roman law as an independent phenomenon.
In this article the author examines a recent turn in European legal history from the postwar consensus to European legal history in global perspective. He explains the two types of legal histories though the relevant ideological background and reviews the basic concepts. Also he evaluates the consequences of this turn for the inter-disciplinary interaction of legal historians with comparative law, anthropology, socio-legal studies, legal theory. Finally, he reviews the first results of the new approach, including the discovery of legal diversity and hybridity in European legal histories.
Legal argumentation can be approached from various angles and presented differently in history. Yet some issues accompany it on all stages of its development. This paragraph examines the doctrine of argumentation of the Roman-canon ius commune at the formation period of the Western legal tradition. On the basis of primary and secondary sources the author studies the conceptual foundations of legal argumentation (modi arguendi) in ius commune, its doctrinal origins, its main content, as well as its sphere of application, the stages and the trends of development. The focus is on the three components of medieval legal argumentation (i.e. ancient philosophy, Roman law, Christian canons), its features, the logic of invention, kinds of arguments (topoi), their grouping, presenting order, rules of evaluating and conducting discussions. Also the author singles out three periods of development of modi arguendi and highlights its major trends. The significance and relevance of medieval modi arguendi is evaluated in the conclusion.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.
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/