scholarly journals The German History of Concepts and the History of Political and Legal Doctrines: Facets of Interaction

Legal Concept ◽  
2021 ◽  
pp. 55-62
Author(s):  
Kirill Korovin
Keyword(s):  
Point Of View ◽  
German History ◽  
Conceptual Approach ◽  
Legal Doctrine ◽  
Legal Science ◽  
History Of ◽  
History Of Concepts ◽  
Legal Concepts ◽  
Constituent Elements

the German history of concepts became popular after the translation into Russian of some articles from “The Historical Dictionary of Socio-Political Language in Germany”. This event is remarkable for legal science, since legal concepts are of particular importance for both the legislator and legal scientists when developing legal doctrine. The purpose of the paper is to apply a historical and conceptual approach to the study of state-legal phenomena in the history of political and legal doctrines. Methods: the methodological basis of this study is a systematic approach that allows to structure the constituent elements of the German history of concepts, as well as a structural and functional one, thanks to which the application of specific elements in practice was shown. Results: as a result of the analysis of the German experience of studying concepts, the author made conclusions that reflect the possibility of its use in law. First of all, the classification of concepts used in the dictionary is important. It allows you to structure and systematize the concepts used in the political and legal doctrines. The processes of transformation of concepts described methodologically by the Germans can be analyzed by analogy in Russian historical and legal science. The context of the emergence and evolution of the concepts reflects the fundamental changes in society and the state, so its description is necessary to explain the features of legal concepts. Conclusions: the adaptation of historical concepts with the help of modern legal language to the terminological apparatus of the theory of state and law is possible through the diachronic principle. The linguistic basis of the German dictionary is certainly interesting for lawyers from the point of view that the distinction between terms and concepts contributes to the improvement of legal techniques. Thus, the German history of concepts is largely interrelated with the history of political and legal doctrines, and further development of this issue is required.

scholarly journals THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART I)

2019 ◽  
Vol 23 (1) ◽  
pp. 48-61
Author(s):  
Valeriy P Ivanskiy ◽  
Sergey I Kovalev
Keyword(s):  
Point Of View ◽  
Legal Knowledge ◽  
Scientific Rationality ◽  
Clear Trend ◽  
Legal Studies ◽  
Legal Science ◽  
Analysis And Synthesis ◽  
Legal Thinking ◽  
Legal Rationality

The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as «classical», «non-classical» or «post-non-classical» science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of "scientific rationality" and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools: 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of "types and models of legal rationality" into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.

scholarly journals The system of points of view in Vasily Shukshin's short stories

2021 ◽  
Vol 27 (3) ◽  
pp. 148-154
Author(s):  
Natalia A. Guz ◽  
Yulia G. Babicheva
Keyword(s):  
Short Stories ◽  
Scientific Understanding ◽  
Point Of View ◽  
The Other ◽  
Frequent Change ◽  
History Of ◽  
Points Of View ◽  
First Time

The purpose of the work is to explore the point of view in Vasily Shukshin's short stories in its systematic and diverse manifestation. Topicality is provided by the exceptional significance of this category in narratology. The study of the point of view based on the material of short stories by Vasily Shukshin has been conducted for the first time. The article briefly traces the history of scientific understanding of the category of point of view in foreign and Russian philology and notes the variety of approaches and definitions in the formulation of the concept. The authors use the classification of Boris Uspenskij for analysis and consider the point of view in Vasily Shukshin's short stories in psychological, ideological (evaluative), spatial-temporal and phraseological terms. The positions of Boris Korman, Yuri Lotman, Wolf Schmid and Franz Karl Stanzel also take into account. The authors note the features of Vasily Shukshin's narration that affect the expression of the point of view in the text. Vasily Shukshin's short stories are characterised by a dynamic and frequent change of points of view, which indicates the technique of “montageˮ and similarities in this regard with cinematic techniques. The conclusions generalise the variety of ways and forms of expression of the point of view in the studied artistic material. The point of view in the considered stories is characterised by variability in the correlation of subjects of speech and subjects of consciousness, alternation of external and internal points of view, mutual transitions from one to the other, text interference and other hybrid phenomena.

Fortress Under Siege: A New German History

2006 ◽  
Vol 39 (1) ◽  
pp. 107-122
Author(s):  
Thomas A. Brady Jr.
Keyword(s):  
Twentieth Century ◽  
Point Of View ◽  
German History ◽  
History Of ◽  
The Subject ◽  
Berlin Republic ◽  
German People ◽  
Ancient Forests ◽  
German Historian

Measured against its subject, German history from the ancient forests to the “Berlin Republic,” A Mighty Fortress: A New History of the German People by Steven Ozment is a very short book. Karl Lamprecht (1856–1915) required some 6,000 pages in twelve volumes to cover the subject, and he had no twentieth century to master. Ozment's book is readable. It moves along in the athletic style and at the brisk pace we expect from him and is largely free of the sarcasms that pepper some of his earlier (though not the earliest) writings. The most surprising thing about A Mighty Fortress is that it was written at all. Why no German historian would tackle the subject today needs no explanation, but it is truly curious that a foreigner would essay the task. Yet Ozment has done just that. The product is a book easy and fun to read, in many respects better entertainment than history. A Mighty Fortress' point of view is so obstinately personal, its attitude toward established scholarship so brusque, and its narrative so broken and at times opaque, that only generous quotations can supply a fair impression of the book.

Formalism and Realism in Private Law

2020 ◽  
pp. 464-480
Author(s):  
Emily Sherwin
Keyword(s):  
Vital Role ◽  
Point Of View ◽  
Private Law ◽  
Reasons For Action ◽  
Legal Doctrine ◽  
Legal Realism ◽  
Judicial Decision Making ◽  
Private Rights ◽  
Legal Concepts

One feature of the renewed interest in private law is a willingness to study legal doctrine and to recognize the role of doctrine in judicial decision-making. In this respect, New Private Law stands in opposition to Legal Realism, which denies or at least minimizes the influence of doctrine on adjudication. New Private Law assumes that legal concepts, categories, and rules play a vital role in defining legal relations between parties interacting with one another. Yet even those who are open to the idea that doctrine plays a role in adjudication of private rights and duties tend to reject “formalistic” approaches to legal doctrine. The chapter offers a partial defense of serious, deductive formalism. From the point of view of a legal authority or an individual who imposes a rule on herself, deductive formalism is practically rational, even if it sometimes produces results that are wrong when judged by the purposes of the rule or the rule follower’s reasons for action. The chapter then discusses different approaches to problem of bad results in particular cases and suggests that the traditional method of equitable intervention has advantages over the Realist aversion to determinate rules.

scholarly journals A feminist analysis of child neglect cases from the Brazilian Superior Court of Justice

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Flavia Portella Püschel
Keyword(s):  
Child Neglect ◽  
Life Experiences ◽  
Negative Impact ◽  
Family Relations ◽  
Point Of View ◽  
Woman Question ◽  
Legal Doctrine ◽  
Court Of Justice ◽  
Gender Neutral ◽  
Legal Concepts

Abstract This article analyzes the opinions of judges of the Brazilian Superior Court of Justice (STJ) in child neglect cases from a feminist perspective by “asking the woman question” to identify implicit male bias in legal concepts and standards that are apparently gender neutral. Several sexist arguments can be found both in opinions against awarding damages for child neglect and in opinions in favor of it. Sexist bias is shown in the disregard of legal doctrine, as well as of the ambivalent character of family relations and their hierarchical structure. This bias is further expressed in the devaluation of women’s interests and life experiences, stereotyping, problems of logical reasoning as well as in the disregard of statutory rules. The article concludes that the STJ was unable to take into account the point of view of women and the circumstances in which child neglect actually takes place in Brazilian society today. The court developed a concept of harm that, although apparently gender neutral, is based on discriminatory reasons and has greater negative impact on women than on men.

Lawyers, Liberalism, and Procedure: The German Imperial Justice Laws of 1877–79

1993 ◽  
Vol 26 (2) ◽  
pp. 165-193 ◽  
Author(s):  
Kenneth F. Ledford
Keyword(s):  
Social Systems ◽  
Legal Aspect ◽  
The Other ◽  
German History ◽  
Social Discourse ◽  
Liberal Party ◽  
Legal Doctrine ◽  
Legal Reforms ◽  
History Of ◽  
Legislative Reforms

Although Franz Schnabel described the nineteenth century as the “century of the formal Rechtsstaat,” most political and social historians of the German Kaiserreich have paid surprisingly little attention to the legal aspect of the development of society and polity. Textbooks in German history contain only brief mention of the enactment of legal reforms, either naming them without comment or subsuming them under administrative initiatives of the National Liberal party. More importantly, even standard works on the history of liberalism give precious little space to the important legislative reforms that are the focus of this essay; James J. Sheehan devotes only a paragraph to the adoption of the Imperial Justice Laws of 1877–79, and Dieter Langewiesche stresses the importance of legal unity and these reforms to liberals, but also in only one paragraph. In general, historians of German liberalism have left efforts to examine the development and unification of the German legal system after 1848 to legal historians, who are housed in Germany in the separate legal faculties and focus their work primarily on the history of legal doctrine. By failing to examine law as a historical artifact, however, political and social historians have also overlooked the Weberian message that law is a crucial analytical entry point into any understanding of modem society. Contemporary legal scholars stress that legal and social systems are inextricably intertwined, and that neither can be understood without a grasp of the other. Understanding legal discourse helps historians understand broader social discourse.

scholarly journals Marginal Inscriptions as Objects of Museum Studies: the Case Study of the Library of the National Museum of Ukrainian History

2019 ◽  
pp. 14-23
Author(s):  
Tamara O. Kutsaieva
Keyword(s):  
Scientific Practice ◽  
Point Of View ◽  
Historical Narrative ◽  
National Museum ◽  
State Register ◽  
The Status ◽  
History Of ◽  
Publishing Houses

The first attempt in the scientific practice of the National Museum Ukrainian History to conduct an individual and complex studying of marginal inscriptions has been done in this article. There is the case study of the Hand Press Books and antiquarian books from the library of the mentioned museum. The object of the study has been characterized and reasoning why the antiquarian books published in XIX century, but after 1830, have been chosen as the objects of this research, besides the classical objects of the study of marginal inscriptions (Hand Press Books and antiquarian books). Sources and historiography of the research as well as publications of the museum specialists have been systemized. The conclusion about the small attention of researchers to the library of the National Museum of Ukrainian History has been done too. The author of the article has substantiated one more conclusion about the absence of publications dedicated to the library as the source of information about the history of book printing in Ukraine or museum book collections = historical libraries beyond the museum. The generally accepted scientific criteria for the classification of marginal inscriptions have been generalized on the basis of historiography. Four additional criteria for studying marginal inscriptions have been proposed for the discussion. Challenges of the research have been analyzed in the main part of the article. There is the absence of attribution and fixation of the history of acceptance of the books in the museum library because of the specific status of all museum libraries in Ukraine; absence of a formal right to use such definitions of the Ukrainian legislation as the Rare and Valuable Books concerning the books published in XVIII – the early XIX centuries and some antiquarian books; problems of identifications of handwriting exactly as a marginal inscription, not a written bookplate (exlibris). Some samples to the mentioned challenges have been proposed. The author of the article has implemented the aim of the research and presented attribution of the marginal inscriptions in eleven Hand Press Books and three antiquarian books, including one handwritten antiquarian book – the object of this study. The content of the marginal inscriptions in Mykola Zakrevskyi‘s book “Depiction of Kyiv” (1868) – the most unique book from the point of view of the historical narrative as well as the invitation letter to Mykola Zakrevskyi (the object of the museum importance or so-called “Museum finding”) has been presented in this research. The maximum of available information about the content and classifications of the types of marginal inscriptions (handwritten, marginal glosses, and Marginal inscriptions of publishing houses) has been presented in the article too. Contribution in research and popularisation of the collection of the National Museum of Ukrainian History, studying of the history of a book as the object of the material and spiritual heritage, the personality of (less)known readers and reading cultures in different йpoques have been done based on the results of attribution, bibliographical description, and classification of the books, marginal inscriptions, and bookplates. Another essential result of the research is entering in the scientific circulation the Preliminary list of the Hand Press Books and antiquarian books with marginal inscriptions that have been chosen as the objects of this research. The stress on the urgent relevance of continuation of the complex studying of these books with the aim to give them the status of the Rare and Valuable Books through the entry in the State Register of the National Cultural Heritage has been done. The author has determined some perspectives of this research. They are a continuation of the complex studying of the marginal inscriptions, searching of new marginal inscriptions and fragments of historical libraries that nowadays are parts of the collection of the National Museum of Ukrainian History in other museums, archives, and libraries for contribution to the development of the museum communication and studying of Auxiliary Sciences of History. Keywords: bookplate, book research, in script, marginal inscription, National Museum of Ukrainian History.

scholarly journals Formation of Internal Financial Control and Internal Financial Audit in the System of Executive Authorities

2018 ◽  
Vol 19 (2) ◽  
pp. 267-282
Author(s):  
Aleksey Ogorodnikov
Keyword(s):  
Point Of View ◽  
Financial Control ◽  
Public Authorities ◽  
The Public ◽  
Social And Economic Development ◽  
Financial Audit ◽  
History Of ◽  
Management Functions ◽  
Current Representation

The article provides the history of the formation and organization of financial control and audit from Ancient Greece to modern Russia. The current representation of the concepts of «internal financial control» and «internal financial audit» are determined. The formation of internal financial control and audit in the context of the importance of the management of social and economic development is considered. The article points out the validity and effectiveness of internal financial control and audit in the system of executive authorities. The author describes the interrelation between the availability of internal financial control and audit in the financial and budgetary sphere and the effectiveness of solving social and economic tasks of the public sector of the economy. The article also provides the authors opinion about the classification of responsibilities for the implementation of internal financial control of executive authorities. The article describes the methods of internal financial control and audit that are presented by author as a range of financial procedures in the field of budgetary and financial and economic planning. The internal financial control and audit as one of the most important management functions that is carried out at all levels of subordination is a system of observations and checks of the correct functioning of the public authority in the process of implementation of taken decisions. The author also gives an idea of the current methods of conducting internal financial audit in the system of executive authorities. The article also presents the authors point of view about the concept of internal financial control and internal financial audit in public authorities.

scholarly journals Theda Skocpol’s Theory of Revolution

2019 ◽  
Vol 21 (3) ◽  
pp. 503-512
Author(s):  
Eduard E Shults
Keyword(s):  
Social System ◽  
Point Of View ◽  
Political Scientist ◽  
Third Generation ◽  
System Failures ◽  
The Third ◽  
Current State ◽  
History Of ◽  
American Political Scientist

The article analyzes several ideas suggested by American political scientist Theda Skocpol in regards to the theory of revolution. From the author’s point of view, Skocpol’s attitudes are noteworthy both in terms of studying the history of political science and understanding the current state of “the theory of revolution” as a scientific direction. The author critically examines the classification of “generations of the theory of the revolution contributors” offered by J. Goldstone, according to which T. Skocpol belongs to “the third generation”. At the same time, the key provisions of Skocpol’s concept continue the ideas of the first and second generations, as is suggested by Goldstone. The author highlights the importance of the conceptual provisions related to the questions of social system failures and the reasons and consequences of revolutions in the context of revolutionary modernization.

scholarly journals Fibromyalgia from a psychiatric point of view

2021 ◽  
Vol 21 (2) ◽  
pp. 128-133
Author(s):  
Maja Hasterok ◽  
◽  
Magdalena Piegza ◽  
Paweł Dębski ◽  
◽  
...  
Keyword(s):  
Sleep Disturbances ◽  
Chronic Widespread Pain ◽  
Point Of View ◽  
Lively Discussion ◽  
Medical Specialties ◽  
Male Ratio ◽  
Therapeutic Concepts ◽  
Icd 10 ◽  
History Of

Fibromyalgia is a disorder bordering on rheumatology and psychiatry, which was included in the ICD-10 (M79.7) classification in the 1990s. It is characterised by a triad of symptoms including chronic widespread pain, sleep disturbances, and mental or physical exhaustion. According to various estimates, fibromyalgia affects from 2 to 4% of the population, particularly individuals between 50 and 60 years of age. There is a lack of consistent data in the available literature on the prevalence of the disorder between sexes. Depending on the criteria used, the female/male ratio is reported to be 13.7:1, 4.8:1 or 2.3:1. Despite nearly three decades of fibromyalgia presence in the ICD classification system, the nature and treatment of the disease have not been sufficiently recognized and arouse a lively discussion among researchers of various medical specialties. The paper attempts to systematise selected issues related to fibromyalgia which seem particularly important from the point of view of psychiatry. The introduction presents the history of the debate on the concept of fibromyalgia, problems relating to the definition and classification of the condition and, finally, symptomatology. The article focuses on the psychiatric aspect of fibromyalgia and reviews reports of the association of fibromyalgia with mental disorders, as well as issues relating to pathophysiological and therapeutic concepts that may be useful to both psychiatrists and other specialists who may encounter the disorder in their practice.

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