scholarly journals Yevgeniy Pashukanis, His Law and Marxism: A General Theory, and the 1922 Treaty of Rapallo between Soviet Russia and Germany

2017 ◽  
Vol 19 (2) ◽  
pp. 274-295
Author(s):  
Bill Bowring
Keyword(s):  
General Theory ◽  
Subject Matter ◽  
Legal Order ◽  
Legal Scholar ◽  
Legal Adviser ◽  
International Legal Order ◽  
The Subject ◽  
Soviet Russia ◽  
The Moment

The subject matter of this article is the moment at which Soviet Russia made its first and unexpected step into international legal relations. My focus is the role played, as a legal adviser, by Yevgeniy Pashukanis. I trace the tragic trajectory of Pashukanis up to his murder by Stalin’s regime, and conclude with an evaluation of the significance of the Treaty. It is my contention that the General Theory is not at all representative of Pashukanis’ work as whole. With the exception of this text, Pashukanis was an orthodox Soviet legal scholar, adapting successfully to changes in the prevailing theoretical and ideological direction of the ussr. The Treaty between two defeated and to different extents pariah powers was of immense significance, not only for the immediate survival of Soviet Russia, and its gradual integration into the international legal order, but also for the subsequent trajectories of both countries.

scholarly journals CATEGORY OF FUTURALITY WITHIN THE SYSTEM OF MODUS CATEGORIES

2019 ◽  
pp. 38-44
Author(s):  
Inga Kirkovs’ka
Keyword(s):  
Subject Matter ◽  
French Language ◽  
Communicative Function ◽  
Action Event ◽  
The Future ◽  
The Subject ◽  
The Moment ◽  
Future 2

The aim of the investigation under consideration is to study the nature of the category of futurality within the system of modus categories in the French language. The object of the work is the category of futurality in contemporary French, the subject is the study of the category of futurality in contemporary French within the system of modus categories of evidentiality, modality and persuasiveness. In the course of the study, the distinctions between modality and modus have been outlined, the place of the category of futurality within the modus categories has been identified, the peculiarity of the category of futurality as a modus category has been analysed. Conclusions: the peculiarity of futurality as a modus category is that it belongs to the modus categories denoting action/event, real in the future “in the speaker’s view”. In this sense the category of futurality is closer to the categories of modality (real information stated by the speaker) and predicativity (confidence in the information stated by the speaker) in meaning, whereas differing from them by the semantics of the stated temporality denoting the relation of consequence in reference to the moment of speaking. The category of futurality is connected with other modus categories: category of assertion with semantics of neutral prospection, category of persuasiveness with the seme of assurance in reference to the future and category of modality with the seme of reality in reference to the future. The major types of modal meanings forming the modus category of futurality are: 1) speaker’s estimation of the subject matter of the utterance from the perspective of reality/irreality in the future; 2) estimation of the environment of the utterance from the perspective of probability/necessity/desirability in the future; 3) speaker’s estimation of the level of assurance (persuasiveness) of the subject matter of the utterance from the perspective of the future; 4) communicative function of the utterance defined by the purpose of the speaker from the perspective of the future (wish, intention, preference); 5) confirmation/negation of objective relations between objects, phenomena, events of the future. 

scholarly journals The Right of Intervention for the Protection of Nationals : Reassessing the Doctrinal Debate

2005 ◽  
Vol 30 (2) ◽  
pp. 441-493
Author(s):  
Jean Raby
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Legal Order ◽  
Practical Reasons ◽  
The Past ◽  
International Legal Order ◽  
The Subject ◽  
The Right ◽  
International Law Commission ◽  
Self Defence

The legality of a forceful intervention by a state to protect its nationals has been the subject of a continuing controversy over the past 15 years. Many see it as an unlawful use of force prohibited by the Charter of the United Nations, others see it as a lawful exercice of a self-standing right recognized under contemporary international law, some finally claim it falls under the scope of self-defence. The author proposes not to restate that debate, but more to reassess it, examining and challenging some of the arguments raised on both sides of the question. Within that debate, it will be concluded that the international legal order does indeed recognize the validity of the use of force for such a purpose : if the avenue of self-defence is rejected, for conceptual as well as practical reasons, the right of intervention to protect nationals is indeed, for the author, part of the comtemporary international legal order. Then, the author wishes to broaden the debate and proposes another option, which has not been explored by scholars and publicists but which is found more satisfactory than any other approach : intervention to protect nationals can be justified under international law because of the existence, in a particular case, of a "state of necessity" as defined by the International Law Commission.

Globalization and its Effect on International Courts and Tribunals

2006 ◽  
Vol 5 (1) ◽  
pp. 1-11 ◽  
Author(s):  
Angela Del Vecchio
Keyword(s):  
Subject Matter ◽  
Single Case ◽  
Geographical Area ◽  
International Community ◽  
Legal Order ◽  
International Courts ◽  
Binding Force ◽  
Territorial Jurisdiction ◽  
International Legal Order ◽  
Law Making

AbstractThere is a need for the international community to make provision for and construct a system of rules and sanctions with far greater binding force than the previous system and which draws its strength of application from the setting up of new international tribunals endowed with personal, subject matter and territorial jurisdiction. It is precisely these courts and tribunals, when ruling that individual cases fall within the scope of the general interests of the community as a whole, which are the institutions best equipped to respond to globalization. Moreover, it is increasingly recognized that courts and tribunals have law-making powers since in the current international legal order the effects of their decisions are often not limited to a single case, i.e. the decisions can be universally valid at least within the geographical area in which the court operates or the sector in respect of which it enjoys jurisdiction. In this connection, the author explores the effects of globalization on international courts and tribunals.

scholarly journals The Vestal Virgins’ Socio-political Role and the Narrative of Roma Aeterna

2021 ◽  
Vol 14 (2) ◽  
pp. 127-151
Author(s):  
Karolina Wyrwińska
Keyword(s):  
Subject Matter ◽  
Political Role ◽  
The Subject ◽  
Roman Women ◽  
Vestal Virgins ◽  
The Moment

Roman women – priestesses, patrician women, mysterious guardians of the sacred flame of goddess Vesta, admired and respected, sometimes blamed for misfortune of the Eternal City. Vestals identified with the eternity of Rome, the priestesses having a specific, unavailable to other women power. That power gained at the moment of a ritual capture (captio) and responsibilities and privileges resulted from it are the subject matter of this paper. The special attention is paid to the importance of Vestals for Rome and Romans in various historic moments, and to the purifying rituals performed by Vestals on behalf of the Roman state’s fortune. The study presents probable dating and possible causes of the end of the College of the Vestals in Rome.

DISCIPLINE OF PSYCHOLOGY AS THE BASE OF PSYCHO-PEDAGOGICAL ACTIVITY

2016 ◽  
Vol 12 (3) ◽  
pp. 106-118
Author(s):  
VERA FILIPPOVA ◽  
ANDREY TARASOV
Keyword(s):  
Subject Matter ◽  
Morphological Analysis ◽  
Scientific Content ◽  
Subject Field ◽  
Subject Knowledge ◽  
Usage Frequency ◽  
Scientific Analysis ◽  
The Subject ◽  
Psychological Knowledge ◽  
The Moment

Defining the discipline of psychology is still an important issue. Scientific analysis of psychological literature on the problem of determining the subject matter of psychology has shown the ambiguity of the term which is typical for psychological knowledge. Understanding the term “subject matter of psychology” is different depending on the numerous options of explicit and implicit context used by different authors as they adjoin “existing”, “objective reality”, “object”,“subject”, “knowledge”, “method”, and other terms. The article includes the review of the term “the subject of psychology” defined in the works of Russian and foreign scholars. It is stated that the development of views on the subject of psychology has not stopped at the moment. It is concluded that the predecessors have contributed greatly to understanding the subject field of psychology. The morphological analysis of scientific definitions “the object of psychology” hasbeen carried out. The usage frequency of the words defining the scientific content of the subject matter of psychology has been analyzed.

Hercules as a feminist judge? Revisiting Rackley's ‘Little Mermaid’ in the wake of the feminist judgments projects

Legal Studies ◽  
2020 ◽  
Vol 40 (3) ◽  
pp. 494-506
Author(s):  
Tom Hickey
Keyword(s):  
Real World ◽  
Legal Order ◽  
Northern Irish ◽  
Legal Scholar ◽  
The Real ◽  
Indirect Discrimination ◽  
The Subject ◽  
Case Part ◽  
Shed Light ◽  
Woman Judge

AbstractIn her early work, the feminist legal scholar Erika Rackley uses the image of Ronald Dworkin's superjudge Hercules to shed light on the experience of the woman judge and on law and adjudication in the liberal legal order. She sees Hercules as representing the judge ‘who inhabits our legal imagination’, and as conjuring up problematic notions of unimpeachable wisdom, detached neutrality and super-humanism. This paper assesses Rackley's argument in light of the feminist judgments scholarship that has emerged in the meantime. It contests Rackley's claim that Hercules, or what he represents, is a patriarchal influence in the real world of law, and argues that he might instead be understood to accommodate, or even to encourage, principled evolutions in law along the lines of those suggested by the feminist judgments literature. This assessment is done mainly through the lens of Stokes v CBS Clonmel, a judgment of the Irish Supreme Court concerning indirect discrimination that was later the subject of a feminist judgment in the Northern/Irish Feminst Judgments volume. The broader aim of this assessment is to interrogate the insights and implications of feminist judgments scholarship.The paper is in four parts. Part 1 places feminist approaches to adjudication in broader theoretical context. Part 2 considers Dworkin's theory of adjudication and Rackley's critique. Part 3 sets out the approach taken by both the real-world and feminist judges in the Stokes case. Part 4 critiques Rackley's take on Hercules in light of the approach adopted in those judgments and draws on preceding analysis to interrogate the insights and implications of feminist judgments scholarship.

Modifying Extension CRD Programs in Response to Agent-Identified Needs

1974 ◽  
Vol 3 (2) ◽  
pp. 143-150
Author(s):  
Edmond E. Seay
Keyword(s):  
Public Policy ◽  
Community Development ◽  
Subject Matter ◽  
Resource Development ◽  
Community Resource ◽  
Process Orientation ◽  
The Public ◽  
The Subject ◽  
The Moment ◽  
Pure Process

Debate over how one “does” Community Resource Development (CRD) extension undoubtedly dates back to the moment the field consisted of more than a single practitioner. And the debate goes on. Gratto recently outlined five roles the public policy educator can assume, ranging from one with a pure “process” orientation to one where the subject matter is everything. Another recent publication describes six approaches to community development.

General Theory in Political Science: A Critique of Easton's Systems Analysis

1972 ◽  
Vol 2 (2) ◽  
pp. 155-172 ◽  
Author(s):  
Peter Leslie
Keyword(s):  
General Theory ◽  
Political Science ◽  
Subject Matter ◽  
Systems Analysis ◽  
Theoretical Framework ◽  
The Subject

There have been a number of attempts in recent years to define the subject-matter of political science and to provide a theoretical framework within which the discipline may be expected to develop. Among these, the work of David Easton occupies a leading place.1 This article discusses how successful Easton has been in adumbrating a general theory embracing the discipline. It then offers a rather looser and less ambitious framework within which the theories collectively called ‘political science’ may be placed and their interrelationships perceived.

SIGNS OF AN ACTION FOR THE RECOGNITION OF A PROPERTY RIGHT

2021 ◽  
pp. 172-183
Author(s):  
Tikhon P. Podshivalov ◽  
Keyword(s):  
Property Rights ◽  
Subject Matter ◽  
Property Right ◽  
Court Decision ◽  
Legal Basis ◽  
The Subject ◽  
Legal Uncertainty ◽  
The Moment ◽  
Definition Of ◽  
The Right

The article examines the definition of a closed list of features of a claim for the recogni-tion of a property right. The establishment of the features of a claim for the recognition of property right allows to correlate, distinguish the claim for the recognition of property right with other property claims and methods of protection of property rights, which ensures the prevention of competition lawsuits. Peculiarities of the action for recognition of property right are conditioned by its proprietary nature, i.e. by attributing it to proprietary lawsuits. The features of the action for recognition of the right in rem shall characterise the subject matter of proof and the conditions of satisfying such an action. The peculiarities of an action for recognition of property right may be divided into special and general characteristics - special characteristics are of qualifying nature allowing to distin-guish it from other property lawsuits; general characteristics result from the characteristic of this method of protection as a type of property action, since these characteristics are inherent to all property lawsuits. An action for recognition of property right is characterized by the following specific features: presence of the plaintiff's lawful possession of the subject of dispute; proprietary right acquired by the plaintiff on sufficient legal basis and preserved, exists for him at the time of the dispute; there is legal uncertainty in belonging of a person to a proprietary right; presence of the defendant's contesting the presence of proprietary right of the plaintiff; exclusive nature of application; independent legal significance of the claim for recognition of property right; non-contractual nature of claim; legal nego General, universal features of an action for recognition of property rights are as follows: non-contractual nature: there must be no binding relations between the plaintiff and the defendant regarding the subject matter of the dispute; legal uncertainty concerns individually identified thing, in most cases immovable thing, which physically exists at the moment of court decision; restoration character - vindication and negative actions restore situation existing before violation - restoration of possession and restoration of c An action for recognition of a property right cannot have the following properties: abso-lute nature of the claim; existence of a subject of ownership; absence of grounds indicating termination of ownership right; universality in application.

Accessing and Citing In-Press Journal of Management Articles: The Role of OnlineFirst and the Digital Object Identifier

2008 ◽  
Vol 35 (2) ◽  
pp. 197-198
Author(s):  
Deborah K. Ford ◽  
Brett Guidry
Keyword(s):  
Subject Matter ◽  
Review Process ◽  
Relevant Information ◽  
Digital Object Identifier ◽  
Potential Contribution ◽  
Digital Object ◽  
New Concepts ◽  
The Subject ◽  
The Moment

This article provides helpful information to researchers, students, and authors who wish to find and cite in-press articles in the Journal of Management ( JOM). Any manuscript that has survived the review process innately possesses relevant information, and having access to these articles in their final form the moment they are ready for publication holds obvious benefits. Reading in-press articles helps researchers keep abreast of current findings and the latest advances in the field. Citing in-press articles encourages the advancement of research and demonstrates up-to-date knowledge of the subject matter. In addition, these most current documents are essential when evaluating the potential contribution of a given article. Although the review process helps to determine whether or not submitted articles provide meaningful contributions, evaluating new concepts in the context of research that has already been accepted for publication assures that each new submission significantly advances the field.

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