Book chapter
Сравнительное правоведение с точки зрения юридического либертаризма
Late in life, William F. Buckley made a confession to Corey Robin. Capitalism is "boring," said the founding father of the American right. "Devoting your life to it," as conservatives do, "is horrifying if only because it's so repetitious. It's like sex." With this unlikely conversation began Robin's decade-long foray into the conservative mind. What is conservatism, and what's truly at stake for its proponents? If capitalism bores them, what excites them? Tracing conservatism back to its roots in the reaction against the French Revolution, Robin argues that the right is fundamentally inspired by a hostility to emancipating the lower orders. Some conservatives endorse the free market, others oppose it. Some criticize the state, others celebrate it. Underlying these differences is the impulse to defend power and privilege against movements demanding freedom and equality. Despite their opposition to these movements, conservatives favor a dynamic conception of politics and society--one that involves self-transformation, violence, and war. They are also highly adaptive to new challenges and circumstances. This partiality to violence and capacity for reinvention has been critical to their success. Written by a keen, highly regarded observer of the contemporary political scene, The Reactionary Mind ranges widely, from Edmund Burke to Antonin Scalia, from John C. Calhoun to Ayn Rand. It advances the notion that all rightwing ideologies, from the eighteenth century through today, are historical improvisations on a theme: the felt experience of having power, seeing it threatened, and trying to win it back.
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.
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
A Casebook aims at enhancing language and communicative competences of master students of law through teaching legal textology in English at research workshops as the primary training form. A major aim consists in integrating linguistics, specifically text linguistics, and law. A new teaching methodology employed draws largely on comparative and text linguistics, comparative law, as well as intercultural communication. The selected case-studies address the less elaborated law fields: indirect discrimination at workplace, I-space regulation and IT-fraud as part of cybercrime against the on-going IT advancement. These topics as vaguely defined legal areas with few statutory remedies and insufficient enforcement background are viewed in couple with sociocultural, economic and philosophical factors. A Casebook is designed for LLM students but may draw interest of much wider range of MA students in humanities, as well as their tutors.
The article deals with certain aspects of teaching special translation to law students who major in various aspects of law. Translation competence is viewed as inseparable part of the curriculum in private international law, public international law and European law.
This Chapter describes the history of social security legislation development abroad and presents both classical and modern models of social security in foreign countries.
The book consits of the articles on the history, theory and philosophy of comparative law in Ukrainian and Russian.