scholarly journals HENRI LÉVY-BRUHL’S DOCTRINE ON LAW AND ON THE FORMATION OF LEGAL SCIENCE OF A NEW TYPE

2017 ◽  
Vol 3 (4) ◽  
pp. 58-66
Author(s):  
Владимир Пужаев ◽  
Vladimir Puzhaev
Keyword(s):  
Scientific Discipline ◽  
Sociology Of Law ◽  
Legal Anthropology ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
True Source ◽  
History Of ◽  
New Type ◽  
History Of Law

The article is devoted to the investigation of legal ideas of Henri Lévy-Bruhl, a French lawyer and sociologist of the XX century, who is considered to be one of the founders of contemporary sociology of law, legal ethnography and legal anthropology. The author of the article analyzes the late articles of Henri Lévy-Bruhl. The author of the article examines the notion “juristique”, introduced by the French professor, and investigates its methodological and substantial peculiarities. As a scientific discipline, “juristique” was supposed to be shaped through the integration of sociology of law, history of law and comparative law into a body. The author also pays special attention to H. Lévy-Bruhl’s theoretical views on the question of law and mechanisms of its formation, on subjects of law-making and sources of law. In particular, the author considers Lévy-Bruhl’s views of collective opinion as the only true source of law, customs’ priority over legislation among all forms of law, judicial practice as the modality of a custom. The key role of Durkheim’s sociology in the shaping of Henri Lévy-Bruhl’s legal views is also highlighted. Henri Lévy-Bruhl’s particular ideas are compared with the doctrine of historical school of law. The final part of the article is devoted to formulating a series of theses which reflect the peculiarities of Henri Lévy-Bruhl’s legal views and his role in contemporary legal doctrine.

Magistri Legis. Eine Studie zur dogmatischen Funktion im industriellen System

2011 ◽  
Vol 2 (2) ◽  
pp. 69-112
Author(s):  
Pierre Legendre
Keyword(s):  
Social Function ◽  
Modern Human ◽  
Human Behaviour ◽  
Cultural Reproduction ◽  
Industrial System ◽  
The West ◽  
History Of ◽  
History Of Law ◽  
New Look

"Der Beitrag reevaluiert die «dogmatische Funktion», eine soziale Funktion, die mit biologischer und kultureller Reproduktion und folglich der Reproduktion des industriellen Systems zusammenhängt. Indem sie sich auf der Grenze zwischen Anthropologie und Rechtsgeschichte des Westens situiert, nimmt die Studie die psychoanalytische Frage nach der Rolle des Rechts im Verhalten des modernen Menschen erneut in den Blick. </br></br>This article reappraises the dogmatic function, a social function related to biological and cultural reproduction and consequently to the reproduction of the industrial system itself. On the borderline of anthropology and of the history of law – applied to the West – this study takes a new look at the question raised by psychoanalysis concerning the role of law in modern human behaviour. "

Reading Max Weber's Sociology of Law

2020 ◽  
Author(s):  
Hubert Treiber
Keyword(s):  
Sociology Of Law ◽  
Important Work ◽  
Research Setting ◽  
Stages Of Development ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Comprehensive Study

More than a simple guide through a complicated text, this book serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Max Weber's scholarship. It is a solid and comprehensive study of Weber and his main concepts. It also provides commentary in a manner informed both historically and sociologically. Drawing on recent research in the history of law, the book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. It contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Ultimately, this volume is an important work in its own right and critical for any student of the sociology of law.

scholarly journals Ernst von Leyden (1832–1910): a pioneer in making oncology a respected medical discipline

2021 ◽  
Author(s):  
Peter Voswinckel ◽  
Nils Hansson
Keyword(s):  
International Association ◽  
German Society ◽  
Scientific Discipline ◽  
Strong Impact ◽  
Medical Discipline ◽  
History Of ◽  
National Socialists ◽  
New Research ◽  
German Physician

Abstract Purpose This article presents new research on the role of the renowned German physician Ernst von Leyden (1832–1910) in the emergence of oncology as a scientific discipline. Methods The article draws on archival sources from the archive of the German Society of Haematology and primary and secondary literature. Results Leyden initiated two important events in the early history of oncology: the first international cancer conference, which took place in Heidelberg, Germany, in 1906, and the founding of the first international association for cancer research (forerunner of today's UICC) in Berlin in 1908. Unfortunately, these facts are not mentioned in the most recent accounts. Both had a strong impact on the professionalization of oncology as a discipline in its own right. Conclusion Although not of Jewish origin, von Leyden was considered by the National Socialists to be “Jewish tainted”, which had a lasting effect on his perception at home and abroad.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates &ldquo;legal&rdquo; origin of the canons of Bettis&rsquo; hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law. &nbsp;&nbsp;Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced&nbsp; the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the &ldquo;general theory of interpretation&rdquo;. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

scholarly journals LOOKS of PROFESSOR V.H.DEMCHENKO (1831-1914) IN RELATION TO SHOWS OF WITNESSES AS PROOF IN RULE-MAKING IN TIME OF KYIV RUS

2019 ◽  
Keyword(s):  
Historical Research ◽  
Peter The Great ◽  
General Rules ◽  
History Of ◽  
History Of Law ◽  
True Order ◽  
Russian Law ◽  
Rule Making ◽  
Judicial Role

Historyof Law Kyiv Rus, without regard to the more than 200-years-old period of her research, continues to remain in the field of attention of scientists, and, also, politicians. One of important questions of History of Law these period is a question about rule-making and role in him shows of witnesses. This problem was studied thoroughly enough as early as ХІХ of century and one of active acting persons of discussion round this theme there was a historian of law, native of Ukraine, professor of the Kyiv university Vasyl Hryhorovych Demchenko. In the master's degree dissertation "Historical research is about the shows of witnesses as proof in matters of judicial, accoding the Russian law before Peter the Great" (in 1859), V.H. Demchenko considered becoming of such important institute of judicial law as institute of certificate in detail. A scientist marks the value of judicial proofs in general genesis of law, he underlines that before an arbitrariness was the only means of guard of rights, but development of society resulted in a volume, that next to this means already the guard of rights for cramps began to be used. He considered that the judicial aspects related to the shows of witnesses are system enough set forth in Russian True. A researcher paid attention to that Russian True talks about witnesses in most cases in connection with those the offences that must be by them validified, in accordance with every case, where this proof is required. Therefore resolutions about them matter general not rules that spread to all possible cases of their use, but touch only private, that have force only for those cases for that they are straight set. General rules some resolutions that is unconnected with determinations about separate offences matter only. A scientist underlined that the judicial role of witnesses accoding Russian True did not have been limited to only the value of them, as judicial proof. On occasion they got the certain participating in realization of process. It touched those judicial events application of that got to parties without every participation of some government bodies ( for example,zvid). In the research of V.H. Demchenko analysed a question about the capacity of witnesses for a certificate, specified also on space of application of proofs with participation of witnesses after Russian True, order of finishing telling with participation of witnesses, force of shows of witnesses. Thus, V.H. Demchenko no doubt, was one of the most skilled specialists on history law that investigated time of Kyiv Rus.

scholarly journals Authorial Self and Modernity as Reflected in Diaries and Memoirs. Three 19th-Century Hungarian Case Studies

2019 ◽  
Vol 9 (1) ◽  
pp. 85-97
Author(s):  
Béla Mester
Keyword(s):  
Intellectual History ◽  
Social Role ◽  
Public Intellectual ◽  
Self Reflection ◽  
Individual Character ◽  
History Of ◽  
New Type ◽  
The Moment ◽  
The One

Abstract The role of the diaries and memoirs in the process of the conscious self-reflection and their contribution to the emergence of modern individual personalities are well-known facts of the intellectual history. The present paper intends to analyze a special form of the creation of modern individual character; it is the self-creation of the writer as a conscious personality, often with a clearly formulated opinion about her/his own social role. There will be offered several examples from the 19th-century history of the Hungarian intelligentsia. This period is more or less identical with the modernization of the “cultural industry” in Hungary, dominated by the periodicals with their deadlines, fixed lengths of the articles, and professional editing houses on the one hand and the cultural nation building on the other. Concerning the possible social and cultural role of the intelligentsia, it is the moment of the birth of a new type, so-called public intellectual. I will focus on three written sources, a diary of a Calvinist student of theology, Péter (Litkei) Tóth, the memoirs of an influential public intellectual, Gusztáv Szontagh, and a belletristic printed diary of a young intellectual, János Asbóth.

scholarly journals FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

2020 ◽  
pp. 249-253
Author(s):  
Faridun Z. Zavurbekov
Keyword(s):  
Legal Status ◽  
Negative Attitude ◽  
Special Role ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Judicial Process ◽  
Judicial Practice ◽  
Marriage Contract ◽  
History Of

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

scholarly journals Eurasianists on the Role of Orthodoxy and the Church in the National State Development of Russia

2020 ◽  
Vol 19 (1) ◽  
pp. 254-268
Author(s):  
Sergey V. Bazavluk
Keyword(s):  
Political Identity ◽  
Roman Catholic ◽  
Russian Orthodox ◽  
Orthodox Church ◽  
Russian Orthodox Church ◽  
Catholic Culture ◽  
History Of ◽  
New Type ◽  
The Church

The author analyzes the ideological views of a group of Russian migrants of the fi rst wave, known as Eurasianists, including N.S. Trubetskoy, P.N. Savitsky, N.N. Alekseeva, L.N. Karsavina and others. The author discusses fundamental elements of the classical Eurasianist program, such as the role of the Orthodox Church and the state in the life of Russia and its society, their attitude to Roman Catholic culture, and their place in dialogue with other religions. In addition, other important elements of Eurasianism noted here are the ideas of pan-Eurasian nationalism, ideocracy, the spatial borders of Russia-Eurasia, the symphonic personality, a guarantee state. These issues are associated directly with the authors of these concepts and with Eurasianism in general. The author demonstrates the continuity with the teachings of the Slavophiles and highlights the special attention that the Eurasians paid to the traditional cultures of Russia. Also noted is the interest in Eurasianism of church circles in exile in Europe. At the same time, the Eurasianists’ critical vies on the “Petersburg period” in the history of the Russian church are highlighted, which are also implicit in Eurasianism as an independent ideological and philosophical line of thought of Russian emigration in the fi rst half of the twentieth century. An attempt is made to show how, through conservative thought, Eurasians tried to form a new type of political identity. This ideological direction with an emphasis on spirituality and special institutions was considered by Eurasians as a prototype of the future statehood of Russia as opposed to the Soviet-Marxist system. In the context of the contemporary Eurasian integration (EAEU), of the current role of the Russian Orthodox Church and external political manipulations around the role of the Moscow Patriarchate, the theoretical views of the Eurasians take on a new dimension.

Social Jurisprudence

2019 ◽  
pp. 1-26
Keyword(s):  
Social Science ◽  
Marriage Equality ◽  
History Of ◽  
History Of Law ◽  
Legal Arguments

This chapter provides a brief history of law and the role of social science in courtroom battles, further reviewing the use of social science in marriage equality cases. One of the more striking features in marriage equality litigation was the prominent role of social science in addressing issues germane to the legal arguments on both sides. The chapter concludes by discussing how social science may have influenced litigation and whether such influence was appropriate.

Development of cladribine treatment in multiple sclerosis

1996 ◽  
Vol 1 (6) ◽  
pp. 343-347 ◽  
Author(s):  
JC Sipe ◽  
JS Romine ◽  
JA Koziol ◽  
R McMillan ◽  
J Zyroff ◽  
...  
Keyword(s):  
Multiple Sclerosis ◽  
Clinical Course ◽  
Progressive Multiple Sclerosis ◽  
Efficacy And Safety ◽  
Double Blind ◽  
Relapsing Remitting ◽  
History Of ◽  
New Type ◽  
Cns Demyelination

Cladribine is a new type of drug with properties of selective lymphocyte suppression that appear to favorably alter the clinical course of progressive multiple sclerosis (MS). The history of the development of cladribine treatment in chronic progressive MS is discussed, and the application of cladribine treatment to progressive multiple sclerosis in a double-blind, placebo crossover study is reviewed. Cladribine selectively targets both resting and dividing lymphocytes and may be able to destroy the activated lymphocytes that induce CNS demyelination, thus producing stabilization or improvement in chronic MS. Although the role of cladribine has not yet been fully defined, additional studies are underway to evaluate the efficacy and safety of cladribine in both progressive MS and relapsing-remitting MS.

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