scholarly journals On Some Methodological Approaches in Legal Research (Philosophical, Naturalistic, Positivist Approaches)

2019 ◽  
pp. 227-235 ◽  
Author(s):  
Alexander V. Petrov ◽  
◽  
Aleksey V. Zyryanov ◽  
Keyword(s):  
Legal Research ◽  
Methodological Approaches

scholarly journals Benefits of quantitative and doctrinal methodological approaches to fan studies research

2020 ◽  
Vol 33 ◽  
Author(s):  
Ruth Flaherty
Keyword(s):  
Copyright Law ◽  
Fan Studies ◽  
Fan Fiction ◽  
Berne Convention ◽  
Legal Research ◽  
Fair Dealing ◽  
Empirical Research Methods ◽  
Methodological Approaches ◽  
Special Case

This discussion of the main practices of both legal research and fan studies research explores their key differences and similarities to demonstrate that there are important conclusions that can be drawn from the discourse between the two. The methodology of this research into copyright and fan fiction will be used as a case study to demonstrate how well these fields intersect. This research investigates whether transformative works of fan fiction should be covered by the new fair-dealing exception for pastiche within UK copyright law (Copyright Designs and Patents Act 1988), similar to parody. To discuss this, my research investigates whether it can be said empirically and doctrinally that fan fiction could be classified as a special case that does not adversely affect the rights holders' interests, as required by Article 13 of the Agreement on Trade-Related Aspects of Intellectual Property Rights and Article 9 of the Berne Convention for the Protection of Literary and Artistic Works. By adding doctrinal and empirical research methods to fan studies, the argument can be made that fan fiction is not harmful to the underlying work and does not interfere with the copyright holders' normal exploitation of that work, and as such should be permitted as fair dealing.

scholarly journals Anti-corruption declaring in public service: comparative legal research in the ethical paradigm

2020 ◽  
pp. 10-30
Author(s):  
Egor Trofimov ◽  
Svetlana Dmitrievna Garsia
Keyword(s):  
Public Service ◽  
Personal Information ◽  
National Policy ◽  
Legal Regulation ◽  
Asian Countries ◽  
Public Officials ◽  
Legal Research ◽  
Methodological Approaches ◽  
Foreign Materials

Leaning on the analysis of legal sources of Russia, a number of European and Asian countries, South and North America, this article explores the institution of anti-corruption declaring in public service. The goal consists in substantiation of methodological approaches, which would allow, with a certain degree of accuracy in the context of ethical paradigm, comparing the integral Institution of legal regulation of anti-corruption declaring in different countries, as well as utilizing these approaches in comparative legal research based on Russian and foreign materials for determination of substantial differences that require scientific comprehension and practical response. As a result of the conducted research, the author acquired data on several indicators of trust as an service-ethical purpose for disclosure of personal information by public officials, namely by volume of the disclosed personal information, nature of the source of the declared records, openness of declarations and their verifiability. Foreign declaring traces two main approaches: service-ethical and instrumental. In Russia, the Institution of declaring is of clear instrumental nature, which raises a question of the prospects for implementation of service-ethical approach, first and foremost, with regards to release of declarations of the officials. This question should depend on the actual goals of national policy.

scholarly journals ПРОБЛЕМЫ КОНЦЕПТУАЛИЗАЦИИ МЕТОДОЛОГИЧЕСКИХ ПОДХОДОВ В НАУКЕ ФИНАНСОВОГО ПРАВА

2019 ◽  
Vol 14 ◽  
pp. 195-202
Author(s):  
Т. А. Латковська
Keyword(s):  
Scientific Research ◽  
The State ◽  
Legal Research ◽  
Legal Doctrine ◽  
Challenging Tasks ◽  
State Authority ◽  
Methodological Approaches

Статья посвящена исследованию проблем концептуализации методологических под­ходов в науке финансового права. Автор, исследуя взаимодействие финансово-правовой доктрины и финансового законодательства, указывает на необходимость универсальности научных разработок по отношению к политическим и правовым идеям, закладываемым в основу концепции властного акта государства. Перед наукой финансового права встают качественно новые задачи относительно познания и отображения явлений правовой дей­ствительности, что требует пересмотра используемых подходов, методов и приемов иссле­дования финансово-правовой материи.   The article focuses on the investigation of the problems of conceptualization of methodological approaches to the science of financial law. The author, having studied the interaction of financial and legal doctrine as well as the Ппапсіаі legislature, points out the necessity of making universal scientific research referring to political and legal ideas underlying the conception of the state authority act. The science of financial law faces new challenging tasks referring to cognition and the reflection of the phenomena of legal reality which requires reconsideration of the approaches methods, techniques of the financial and legal research employed.

scholarly journals The Economic System as the Object of the Constitutional-Legal Research

2014 ◽  
Vol 1 (4) ◽  
pp. 129-132
Author(s):  
V A Grigorieva
Keyword(s):  
Economic System ◽  
Economic Resources ◽  
Economic Science ◽  
Structural Elements ◽  
Legal Research ◽  
Special Position ◽  
Economic Relations ◽  
Economic Entity ◽  
Methodological Approaches

The article analyzes the economic system as the object of the constitutional legal science, the methodological approaches of this study. The author substantiates the conclusions that: 1) the economic system as a category of economic science is broader in content than the economic system within the constitutional and legal consideration, since the latter includes only items that are of constitutional significance; 2) its structural elements are the subjects of economic resources, institutions, and economic relations; 3) the state occupies a special position among the subjects economic system, because it simultaneously acts as a regulator of economic relations, and the role of the economic entity and irrespective of their role, always has a single constitutional-legal purposes in the economic system.

Legal Science Methodology through the Lens of Legal Thinking Innovations

2020 ◽  
Vol 11 (4) ◽  
pp. 1145
Author(s):  
Taras Z. GARASYMIV ◽  
Nadiya P. PAVLIV-SAMOYIL ◽  
Andrii I. HODIAK
Keyword(s):  
Comparative Analysis ◽  
Social Relations ◽  
Subject Matter ◽  
Legal Research ◽  
Teaching Aids ◽  
Legal Science ◽  
Depth Analysis ◽  
Legal Thinking ◽  
The Subject ◽  
Methodological Approaches

The relevance of the subject matter lies in the low efficiency of generally accepted methods of legal research, the lack of modification and transformation from due to obsolescence and inconsistency with modern tendencies in the development of the legal scientific framework and legal thinking of subjects of such activities. This paper is not limited to the classical methods of cognition, it also touches on the topics of basic legal concepts, theories, and well-known approaches in legal science. The main purpose of this paper is to designate the modern methodology of legal science through the lens of innovations in legal thinking, methods of applying methodological approaches, including an in-depth analysis of research methods in legal disciplines with the use of a comparative analysis of Ukraine and countries of the European economic zone. To achieve this purpose, the following special methods of legal analysis were applied in the scientific paper: analysis, synthesis, generalization, hermeneutic method, historical method, comparative and structural-functional methods. As a result of the study, the already existing methodological approaches will be expressly outlined, as well as those that emerged due to innovations in legal thinking and are capable of covering the features of knowledge of law as a social phenomenon. Furthermore, urgent problems of theoretical and methodological aspects of the study of modern legal systems were identified on the example of different states. One of the successes of the scientific analysis of the methodology of legal science lies in the proposal of methods for conducting complex legal research, described by the features of modernity, relevance, and compliance with the information and technological development of social relations. In addition, the sources regarding the methodology of law in Ukraine and foreign countries are systematized. A historical insight into the becoming of the main tendencies and qualities of the evolution of views on the methodology of law will be the subject of comparative analysis in order to identify new methods of legal cognition. Recommendations regarding the subject matter are expressed in the prospects for further research on the problems of the methodology of legal science and the creation of ways to overcome them. Furthermore, research materials can be used in the preparation of training materials, teaching aids, as well as in the learning process in various areas of legal disciplines.

The parent-offspring microbiome and neurobehavioral development

2019 ◽  
Vol 42 ◽  
Author(s):  
Jeffrey R. Alberts ◽  
Christopher Harshaw ◽  
Gregory E. Demas ◽  
Cara L. Wellman ◽  
Ardythe L. Morrow
Keyword(s):  
Mammalian Species ◽  
Social Emotional ◽  
Behavioral Measures ◽  
Neurobehavioral Development ◽  
Emotional Function ◽  
Neurobehavioral Outcomes ◽  
Methodological Approaches ◽  
And Behavior

Abstract We identify the significance and typical requirements of developmental analyses of the microbiome-gut-brain (MGB) in parents, offspring, and parent-offspring relations, which have particular importance for neurobehavioral outcomes in mammalian species, including humans. We call for a focus on behavioral measures of social-emotional function. Methodological approaches to interpreting relations between the microbiota and behavior are discussed.

Intraindividual Variability and Stability of Affect and Well-Being

GeroPsych ◽  
2013 ◽  
Vol 26 (3) ◽  
pp. 185-199 ◽  
Author(s):  
Christina Röcke ◽  
Annette Brose
Keyword(s):  
Age Differences ◽  
Well Being ◽  
Subjective Well Being ◽  
Emotional Experiences ◽  
Short Term ◽  
Regulatory Processes ◽  
Functional Implications ◽  
Methodological Approaches ◽  
Underlying Processes

Whereas subjective well-being remains relatively stable across adulthood, emotional experiences show remarkable short-term variability, with younger and older adults differing in both amount and correlates. Repeatedly assessed affect data captures both the dynamics and stability as well as stabilization that may indicate emotion-regulatory processes. The article reviews (1) research approaches to intraindividual affect variability, (2) functional implications of affect variability, and (3) age differences in affect variability. Based on this review, we discuss how the broader literature on emotional aging can be better integrated with theories and concepts of intraindividual affect variability by using appropriate methodological approaches. Finally, we show how a better understanding of affect variability and its underlying processes could contribute to the long-term stabilization of well-being in old age.

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