Право и этика: соотношение понятий «правоустановле- ние» и «нормоустановление» в воззрениях евразийцев
In this work Georges Gurvitch examines the principal philosophical ideas of Boris Chicherin and Vladimir Soloviev about law
In this book are collected papers of the authors who discuss the ethical and anthropological characteristics of the contemporary law in the situation of methodological pluralism in the context of debates about classical and postclassical paradigms of scientific knowledge in legal science
The concept of legal structure is important for the commucative legal theories, because it helps to find out basic elements in Law, which cannot be reformed intentionally by governmental activity. The paper focuses on the model of legal structure in the writings of Russian legal scholar Nicholas Alexeyev (1879–1964), which affected the communicative theory of Andrei Polyakov. The article analyses structural method in the Eurasianist writings, “legal structure” in the legacy of Alexeyev and the development of this concept in the context of Russian Eurasianism during 1920s and 1930s. The transpositive “legal structure” reveals new sides in prism of views on the Eurasia’s uniqueness.
Alexeyev, who turned to the Eurasianism in 1926th is not Eurasianist sensu stricto. However, the “spaceness” of this “structure” is similar to Eurasinist views on Russia-Eurasia as a specific place. Eurasianists also favoured Alexeyev’s rejection of reduction of Law to other basis. They denied the attempts to reduce Eurasia to Europe or Asia; Alexeyev did the similar things according to Law; he refused the reduction of Law to “sovereign’s command”, “form of freedom” or “social experience”. These similarities could be explained by the closeness between Eurasianist protostructuralism and phenomenological method of Alexeyev. This closeness influenced the development of Alexeyev’s legal views in frames of the Eurasian movement.
This paper is divided into three parts: it first gives an historical analysis of the legal concept of 'no man's land' (in Latin: terra nullius) and its role in legal and theological controversies surrounding the colonisation of the Americas. It then goes on to show how these Hispanic debates form the basis for Locke's views in the matter. Finally, it addresses the question to which extent Locke's erroneous presumptions still shape contemporary legal discourse. To this end, the 1992 landmark decision of the Australian High Court in Mabo v Queensland is analysed in depth. Even though the court was right in rescinding the concept of terra nullius, the judges were insufficiently aware of its colonial roots.
Abstracts for report Anton Didikin at Lisbon Congress
Abstracts of International Legal Philosophy Congress in Lisbon 2017
The collection of papers presents an overview of the study of the analytic legal philosophy in Russia.
In this article the authors examine some theoretical problems connected with communication in law. The authors address not only the problems of legal communication as of a communication between legal actors, but also to the communication understood as an exchange of ideas about law. In this last sense legal communication is based on reflections about social conditions and processes. The conclusions made by the authors concern such aspects as the law of the global community, the laws of regional societies, and the correlation between legal and scientific communication. The main thesis developed and defended in this article means that certain patters of behavior which were institutionalized by law and which give reasons for both free and coerced actions are also capable of structuring law and of maintaining its validity. The theory of legal communication developed in the framework of the theory of norms and actions allows for a careful examination of all the normative and factual structures and processes through which law is created. The social mechanism of realization of these structures and processes can also be explained in this perspective. The authors explain these ideas taking as examples certain conceptions of such legal scholars as Rene Koenig or Rudolf von Ihering.