INDIVIDUAL FACES OF COMPARATIVE LAW AT THE PRESENT STAGE OF ITS DEVELOPMENT

10.12737/1003 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 25-30
Author(s):  
Оксана Тюрина ◽  
Oksana Tyurina

Based on the characteristics of the various understandings of the subject of comparative jurisprudence the author considers its subject-methodological possibilities in the cognition of the legal reality at the national and global levels, grounded on the scientific and methodological approaches, the potential for use in comparative jurisprudence. Indicated that despite the variety and diversity of legal systems human values are determined by the nature of human, which in turn determines the nature and social essence of law. Emphasized that in the context of intense scientific and technological progress, affecting the globalization of social life and the processes of legal unification, law is able to store and transmit the social memory of humanity and to form the necessary standards of conduct, grounded on the needs of society. In this context is argued a specific role for comparative jurisprudence as a science, focused on the identification of “self”, “next”, “other” by the way of comparative cognition. One of the faces of comparative jurisprudence at the present stage of development stands out for his humanistic orientation, which can be implemented in combination and correlation with the anthropological approach to comparative legal studies.

Author(s):  
E.V. Kolesnikov ◽  

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.


2021 ◽  
Vol 65 (2) ◽  
pp. 157-167
Author(s):  
Grzegorz Sokół

The subject of this essay is Andrzej Waśkiewicz’s book Ludzie – rzeczy – ludzie. O porządkach społecznych, gdzie rzeczy łączą, nie dzielą (People–Things–People: On Social Orders Where Things Connect Rather Than Divide People). The book is the work of a historian of ideas and concerns contemporary searches for alternatives to capitalism: the review presents the book’s overview of visions of society in which the market, property, inequality, or profit do not play significant roles. Such visions reach back to Western utopian social and political thought, from Plato to the nineteenth century. In comparing these ideas with contemporary visions of the world of post-capitalism, the author of the book proposes a general typology of such images. Ultimately, in reference to Simmel, he takes a critical stance toward the proposals, recognizing the exchange of goods to be a fundamental and indispensable element of social life. The author of the review raises two issues that came to mind while reading the book. First, the juxtaposition of texts of a very different nature within the uniform category of “utopia” causes us to question the role and status of reflections regarding the future and of speculative theory in contemporary social thought; second, such a juxtaposition suggests that reflecting on the social “optimal good” requires a much more precise and complex conception of a “thing,” for instance, as is proposed by new materialism or anthropological studies of objects and value as such.


2021 ◽  
Vol 12 (1) ◽  
pp. 146-163
Author(s):  
Daniel Renfrew ◽  
Thomas W. Pearson

This article examines the social life of PFAS contamination (a class of several thousand synthetic per- and polyfluoroalkyl substances) and maps the growing research in the social sciences on the unique conundrums and complex travels of the “forever chemical.” We explore social, political, and cultural dimensions of PFAS toxicity, especially how PFAS move from unseen sites into individual bodies and into the public eye in late industrial contexts; how toxicity is comprehended, experienced, and imagined; the factors shaping regulatory action and ignorance; and how PFAS have been the subject of competing forms of knowledge production. Lastly, we highlight how people mobilize collectively, or become demobilized, in response to PFAS pollution/ toxicity. We argue that PFAS exposure experiences, perceptions, and responses move dynamically through a “toxicity continuum” spanning invisibility, suffering, resignation, and refusal. We off er the concept of the “toxic event” as a way to make sense of the contexts and conditions by which otherwise invisible pollution/toxicity turns into public, mass-mediated, and political episodes. We ground our review in our ongoing multisited ethnographic research on the PFAS exposure experience.


Author(s):  
E. Vasil'eva ◽  
M. Tomilova ◽  
S. Yur'eva

The article actualizes the problem of new methodological approaches to assessing the communication skills of future doctors at the present stage of development of medical education. The aim of the study was to test and analyze the checklist to assess the communication skills of medical graduates in the conditions of the all-Russian pilot project. The results of selfevaluation and expert evaluation of communication skills on the basis of the check-list, obtained during the pilot station “Collection of complaints and anamnesis at the primary out-patient doctor’s appointment” in simulated conditions are presented. It is shown that a broad scientific and practical discussion is required to discuss the main tool for measuring the communication skills of future doctors, namely, the checklist, with its subsequent revision, which consists in clarifying the criteria for assessing communication skills, in determining the optimal scale of measurement, in expanding the subjects of evaluation, including the opinion of a standardized patient.


1968 ◽  
Vol 26 (1) ◽  
pp. 131-140
Author(s):  
T. B. Hadden

The recent trend towards the socialisation of legal studies has not unnaturally caused a good deal of confusion and disagreement on the role of jurisprudence. However, since the law is centred on dispute and argument, there can be little real objection to the extension of the process to the philosophy of law. Still it would be difficult to devise a less immediately appealing way of re-establishing and reviving the subject of jurisprudence than another dose of the schools, or another tendentious review of contemporary exponents. My excuses for doing just that are not even particularly novel—an appreciation of the importance of the pressures towards an empirical approach to law and legal studies, and the usual desire to get some of the more distracting flies safely corked back again into their bottles. However, the total failure of the recent Cambridge Committee on the Organisation of the Social Sciences to produce even the outline of an overall structure for the integrated study of the law as an important means of social control does at least provide a suitable opportunity for the re-examination of the role of jurisprudence.


2017 ◽  
Vol 10 (2) ◽  
pp. 241
Author(s):  
Nurwahida Alimuddin

This paper argued that da’wah activities in social counseling foster adaptability of students in school as mad’u (object of da'wah). This is conducted by the teacher as a da’i or preacher (the subject of da’wah, social communicator and guide). Social counseling is a field of social life service for students, which helps students assess and build an effective and healthy social relationship with their peers or with the wider social environment. Social counseling is a field service required to help students adjust themselves in school, in this case the students’ relationships with students and teachers in school. Da’wah communication is used to deliver the kind of service appropriate to the student’s social counseling; such as the introduction of the school environment, curriculum, teacher characteristics, so that students do not have difficulties in adapting to the social environment in school.


2021 ◽  
Vol 3 ◽  
pp. 75-80
Author(s):  
Dmitriy A. Pashentsev ◽  

The article shows the methodological problems that face the history of state and law at the present stage of development of scientific rationality. As one of the possible answers to the challenges of new methodological approaches, it is proposed to use the historical and anthropological theory of law, which combines the best achievements of the German historical school of law with anthropocentrism as a direction of the post-classical sociological school of law. It is concluded that this theory is quite applicable for the reconstruction of legal life and identifying patterns of its historical dynamics.


2020 ◽  
pp. 135918352090794
Author(s):  
Cath Davies

Interviewed in 2004, designer duo Viktor and Rolf outlined their ambivalence towards fashion exhibitions suggesting that ‘somehow life is taken out of the subject’ (2008, cited in Teunissen, ‘Understanding Fashion through the Museum in Melchior, MR, 2014). Garments seeking spectator attention within the museum space are often perceived as static entities devoid of their original function as embodied artefacts. There is no denying an inert aura pervades listless materials that have supposedly lost their agency, now confined to the vaults of the museum-as-mausoleum. In their re-purposed role of performing as reminders of a life now departed, this article considers curatorial strategies that seek to revive a living presence in garment display with specific reference to the remodelling of Frida Kahlo in the V&A exhibition ‘Frida Kahlo: Making Her Self Up (2018)’. Addressing Dudley’s suggestion in Museum Objects: Experiencing the Properties of Things (2012: 19) that an artefact’s ‘fundamental material characteristics’ should be at the heart of contextual interpretation, the role that an object’s material properties can play in the re-materializing of embodiment is evaluated. In the V&A exhibition, a narrative emerges on clothing as an agent that conceals vulnerable corporeality. Sartorial practices armoured Kahlo’s body and the role material entities can play in containing and preserving the illusion of corporeal substance will be investigated. Given this premise, it seems wholly appropriate to focus on the contribution that the mannequin can make to this conceptual framework. After all, it is an artefact with a central occupation of establishing bodily integrity in the display of clothing. Reiterating Clark’s suggestion in The Textile Reader (2012) that the mannequin contributes to the vocabulary of a curatorial brief, this article proposes that this artefact can interrogate the tensions that exist between Kahlo’s sartorial practices and her abject body. Substantiating Appadurai’s premise of material objects’ agency in The Social Life of Things (2001[1986]), the exhibition arguably employs the once humble tailor’s dummy in a significant role, thereby reconstructing its dominant function of embodying fabric in the museum.


2007 ◽  
Vol 15 (2) ◽  
pp. 147-150 ◽  
Author(s):  
PIOTR SZTOMPKA

In the last few decades, the subject of trust has become one of the central research topics in sociology and political science. Various theoretical approaches have crystallized, and an immense amount of empirical data has been collected. The focus on trust is for two kinds of reasons. One has to do with immanent developments in the social sciences. We have witnessed a turn from almost exclusive preoccupation with the macro-social level, that is the organizational, systemic or structuralist images of society, toward the micro-foundations of social life; that is, everyday actions and interactions, including their ‘soft’ dimensions, mental and cultural intangibles and imponderables. Another set of reasons has to do with the changing quality of social structures and social processes in the late-modern period. The ascendance of democracy means that the role of human agency is growing, and more depends on what common people think and do, how they feel toward others and toward their rulers and how they choose to participate and cooperate. The process of globalization means that more and more of the factors impinging on everyday life of people are non-transparent, unfamiliar and distant, demanding new type of attitudes. The expansion of risk means that people have to act more often than before in conditions of uncertainty. The traumas of rapid, comprehensive and often unexpected social change produce disorientation and a loss of existential security. If the ambition of sociology to become the reflexive awareness of society is to be realized, then the current interest in trust seems to be wholly warranted.


2018 ◽  
Vol 16 (16) ◽  
pp. 31-51
Author(s):  
Grzegorz Piwnicki

It is recognized that politics is a part of social life, that is why it is also a part of culture. In this the political culture became in the second half of the twentieth century the subject of analyzes of the political scientists in the world and in Poland. In connection with this, political culture was perceived as a component of culture in the literal sense through the prism of all material and non-material creations of the social life. It has become an incentive to expand the definition of the political culture with such components as the political institutions and the system of socialization and political education. The aim of this was to strengthen the democratic political system by shifting from individual to general social elements.


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