Учение Ойгена Эрлиха о правовых текстах как об объекте толкования
Reader in Sociology of Law and Law Enforcement
The purpose of the research is to substantiate the development of integral branch of modern psychology of personality which is defined as personology. The research stresses the need to change dominating analytical approaches to the study of personality for the synthetic approach defined as «science of synthesis». It will reflect multiple ties between different theories and consulting personality models; experience of creating a single semantic space for personality cognition; unity of theoretical, cultural and practical psychology of personality. This triple format of personology is focused on discovery and realization of self-cognition of the personality as well as personality of the personologist being the subject of hermeneutics, theoretical studies and practical activity. The research defines the subject of personology based on positions of synthesis as well as defines the foundation for integration of the personological knowledge, structure of personology, content, method and forms of interaction between cultural, fundamental and consulting psychology.
In this work Georges Gurvithc analyzed the theory of sources of law formulated by Eugen Ehrlich
The article examines various theories of punishment, their relationship and criticism. Punishment is an object of study for different disciplines. Interdisciplinary barriers should be overcome. In this article we are to formulate the main principles of convergence of jurisprudence and sociology in the study of punishment.
The notion of globalization is relatively imprecise, and can be used loosely to embrace a large variety of different modern phenomena. Theorists abuse the G-words (a term of William Twining to demonstrate radical changes, or at least the changes which seem to be radical to some philosophers. Generalized references to new (quasi-)realities allow theorists to escape a long and laborious examination and comparison of legal phenomena in the past and in the present. This new kind of reductionism does not seek to describe complex systems through one or several prevailing elements as the classical scientific paradigm does. On the contrary, it is claimed that the growing complexity of the world requires a multidimensional approach which tries to embrace every aspect of reality.
The article analyzes the artificial and protected by the law component of the national wealth including social infrastructure, industrial, intellectual and ideological potential, as well as the mass of goods and personal property of the citizens. It pays the main attention to the issues of criminal law protection of social infrastructure, including the constitutional order, political and economic systems, health and education. It also provides us with the proposals on the improvement of the criminal law and their application.
The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.
This book reflects the latest trends in the contemporary legal science. The author consequently develops his idea that interhuman communicatation and interaction play an important role in creation and in ligitimation of law, involving the social groups in a communicative process.
On the one hand, Gadamer's philosophical hermeneutics is admittedly the integrative part of the history of phenomenological movement. On the other hand, the hermeneutical subject area, as well as disciplinary self-awareness of hermeneutics, diverges considerably from that of the initial E. Husserl's phenomenological project. This fact serves as a motif for reconstruction of the intrinsic logic of the phenomenological movement. The aim of such reconstruction is to answer the following questions: What is the reason for including philosophical hermeneutics into phenomenological philosophy? What role does hermeneutics play in the history of the phenomenological movement? The interpretation of phenomenological subject area in terms of primordial phenomenality serves as a horizon for this reconstruction of the essential logic of phenomenological research. Such understanding of phenomenological philosophy focus has priority over conventional characteristics of phenomenological subject matter as a variety of phenomena accessible within special methodological attitude. It allows, first of all, to avoid fragmentation of the area of primordial, i.e. phenomenological phenomena and to minimize presuppositions. The totality of phenomenality blocks constructivism inherent to descriptive phenomenology and in consequence limits the application field of reflexive or methodological approaches. The process of disclosing or articulating primordial phenomenality can be described as phenomenologising. Eventually, phenomenology as an explicative method is regarded as the first part of the two-level process of phenomenologising. The second part of this process is the spontaneous self-disclosing of primordial phenomenality. The idea of two-level phenomenology (phenomenology as a method and as a spontaneous event) has been differently realised in Heidegger's and Gadamer's phenomenological-hermeneutical conceptions. From the very beginning Heidegger stands up for the performative, i.e. existential-practical understanding of phenomenological explication. According to him, phenomenology does not so much explicate phenomena but points at those areas and forms of experience where that explication occurs spontaneously. Still, Heidegger is oriented at the explication of static structures of these experiences (which he calls existentialities), which allows us to speak about rudimentary transcendentalism of his philosophical position. In his late works Heidegger emphasises the world-disclosing potency of ontic experiences. Gadamer develops this tendency considering various everyday experiences such as perception of art, participation in rituals, reading, and etc. to be areas of spontaneous phenomenologising.