scholarly journals Philosophy. Philosophy of law. Legal science

2018 ◽  
Author(s):  
S.I. Zakhartsev ◽  
V.P. Salnikov
Keyword(s):  
Legal Consciousness ◽  
Philosophy Of Law ◽  
Scientific Cognition ◽  
Methodological Basis ◽  
Legal Science ◽  
New Ideas ◽  
The Subject

The book is devoted to some actual problems of philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of postpositivism and postmodernism, and invites to return to dialectic as a universal global methodological basis of scientific cognition. On the basis of dialectics in the book deals with law. It explores the subject of philosophy of law, ontology and epistemology of law, methodology and content of law, legal consciousness and its deformation, problems of legal science and their solutions, legal progress and etc. It substantiates the theory of comprehending study of law. It proposes new ideas and suggestions. Monograph is addressed to researches in the field of philosophy and philosophy of law, lawyers, teachers, postgraduates, students, and also to everyone who are interested in problems of philosophy and law.

scholarly journals methodological conflict between theory and philosophy of law

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey S. Shestopal ◽  
Elena A. Kazachanskaya ◽  
Svetlana V. Kachurova ◽  
Evgeniy V. Kachurov
Keyword(s):  
Modern Philosophy ◽  
Ontological Status ◽  
Philosophy Of Law ◽  
Legal Science ◽  
Scientific Disciplines ◽  
The Subject ◽  
The Law ◽  
Theory Of Law

The subject of this research is the recently intensified competition in modern jurisprudence of two equally respectable scientific disciplines: philosophy of law and theory of law. The goal is to demarcate the meaning of these concepts. Their ontological status (essential significance) in relation to the existence of the law, the reflection of which they are, is also considered. Based on analysis of the existential criticism of the dominant forms of modern ideology, it is proved that the existing theories of law depend on these forms. A stable tendency in modern philosophy to return legal science to the origins of philosophical knowledge of legal reality is stated.

scholarly journals The Mediation as a means to resolve administrative disputes

Dixi ◽  
2021 ◽  
Vol 23 (1) ◽  
pp. 1-19
Author(s):  
Revista Dixi ◽  
Karyna Valeriivna Rostovska ◽  
Nataliia Viktorivna Hryshyna ◽  
Olesia Yuryevna Kaidash ◽  
Marharyta Sergeevna Syromiatnikova
Keyword(s):  
Effective Means ◽  
Legal Aspects ◽  
Scientific Cognition ◽  
Methodological Basis ◽  
Legal Science ◽  
Foreign Countries ◽  
Scientific Analysis ◽  
The Government ◽  
The Impact

The purpose of the article is a scientific analysis regarding the understanding of the essence and content of mediation as one of the most effective means to resolve administrative and legal disputes, as well as the latest draft laws, developed by the Government of Ukraine regarding the regulation of the mediation procedure, are analyzed, as a result of which own comments are expressed and recommendations for improving their provisions are provided. The methodological basis of this article was the methods of scientific cognition, which are mostly used in legal science nowadays, namely: formal-legal, analytical and structural-functional. The historical and legal aspects of the development of the institution of mediation are being analyzed in this work. Based on scientific sources, the essence of mediation has been clarified and the mediation procedure as one of the promising means to resolve administrative disputes has been analyzed. The impact of mediation on the quality of resolving administrative and legal disputes which occur between the subjects of administrative and legal relations is also determined. The main principles of the mediation procedure are defined and characterized, in particular, such as voluntariness, confidentiality, "sincerity of the parties", neutrality. Proposals are provided regarding the intensification of the use of modern means of mediation during resolving administrative disputes. Emphasis is placed on the successful experience of a number of developed foreign countries in the researched area and the possibilities of its use in Ukraine. The authors conclude that the resolution of administrative disputes through the use of mediation is a quite effective means to resolve conflicts. One of the key advantages of this means is its voluntary and informal nature, which gives ample opportunities for negotiations to the disputing parties. 

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

Geragogy - the Third Pillar of Education Science

2011 ◽  
Vol 1 (1) ◽  
pp. 77-91
Author(s):  
Ctibor Határ
Keyword(s):  
Social Life ◽  
Scientific Study ◽  
Methodological Basis ◽  
The Third ◽  
Methodical Basis ◽  
The Subject ◽  
Education Science

The present scientific study, mostly of theoretical and methodological nature, is intended to penetrate into the near past (and present) of geragogy as a discipline and analyze briefly the process of creating the constitution and methodology in the area of Europe (with emphasis on the Czech and Slovak and German provenance). Emphasis is also placed on theoretical and methodological basis of the current geragogy, covering the subject of investigation, content, objectives and tasks, science-systemic geragogy anchor being a methodological and methodical basis of senior education in various spheres of their individual and social life.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

scholarly journals Macroeconomic Modelling at the Institute: Hopes, Challenges and a Lasting Contribution

2018 ◽  
Vol 246 ◽  
pp. R3-R14 ◽  
Author(s):  
Ray Barrell ◽  
Andy Blake ◽  
Garry Young
Keyword(s):  
Global Economy ◽  
Early Years ◽  
Macroeconomic Models ◽  
Macroeconomic Modelling ◽  
New Frontier ◽  
New Ideas ◽  
The Subject ◽  
The Uk ◽  
Economic Forecasts ◽  
Modelling And Forecasting

The Institute is a world leader in macroeconomic modelling and forecasting. It has produced quarterly economic forecasts for around sixty years, supported by macroeconomic models. The aim of the original builders of macroeconomic models was to transform understanding of how economies worked and use that knowledge to improve economic policy. In the early years, when computers were rare, macroeconomic modelling was a new frontier and Institute economists were among the first to produce a working model of the UK economy. It is remarkable how quickly models were being used to produce forecasts, assess policy and influence the international macroeconomic research agenda. The models built at the Institute were mainstream in the sense that they followed the contents of standard macroeconomic textbooks, developed with the subject, and fitted the facts as they were known at the time. There were continual improvements in understanding as the subject developed in response to new ideas and developments in the global economy. This article celebrates the development of macroeconomic modelling at the Institute and the contribution it has made to public life.

“Systems”, Strengths, Weaknesses and Challenges

2017 ◽  
Vol 4 (1) ◽  
pp. 49-59
Author(s):  
Frank Stowell
Keyword(s):  
Action Research ◽  
Systems Thinking ◽  
Research Funding ◽  
Cumulative Effect ◽  
Research Programme ◽  
Common Reason ◽  
New Ideas ◽  
The Subject ◽  
The University

Systems and Cybernetics no longer occupies the position, in academic circles, it once did. There are many reasons why this is the case but a common reason given is the lack of research funding for the subject. The knock-on effect is that the subject has fewer 'champions' and as a consequence is less prominent then it once was. There are many factors that mitigate against research funding for the domain but the cumulative effect is that there are few (if any) new ideas generated now which in turn is having an impact upon the number of academics attracted to it. In this paper the author revisits the action research programme at the University of Lancaster. This project contributed valuable insights into organisational inquiry and the nature of Systems thinking for over 30 years. In this paper the author revisits the programme to discover if there are lessons to be learnt that may be adopted to help provide a means of re-establishing the profile of the domain.

On Looking Backwards

1980 ◽  
Vol 15 (3-4) ◽  
pp. 389-404
Author(s):  
Julius Gould
Keyword(s):  
The Moon ◽  
Scientific Approach ◽  
New Ideas ◽  
The Subject ◽  
Political Structures

THE LAST FIFTEEN YEARS HAVE PASSED WITH SURPRISING speed. They have certainly fulfilled the imperatives of the curse: ‘may you live in interesting times!’. Too much has happened in too many places – on the moon as well as on earth. New movements, new ideas, new cults have emerged. Populations have multiplied and so have inventions. New centres of learning have been established and old ones have been subverted, not least by an overdose of political zeal. The sciences of man have developed – more painfully than was hoped and with fewer concrete results than was (and is) desired. I think we have learned that our efforts to understand complex social and political structures (including those constituted by governments and oppositions) may themselves founder (or flounder) in complexities. Some of those complexities are endemic to the subject of our study; others are the result of our own confusion of categories or of premature conceptualization; others result from overspecialization – and others from the hazards of cross-disciplinary study. Perhaps the cardinal error has been to seek too much – and expect too much – from a narrowly ‘scientific’ approach. We all know of cases on the heads of which one or other of these caps can fit.

scholarly journals The Category of Legal Reality in Modern Legal Science in Russia

2021 ◽  
pp. 007-015
Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Phenomena ◽  
Methodological Basis ◽  
Legal Science ◽  
Multi Stage ◽  
Science In Russia ◽  
Legal Space ◽  
Russian Law ◽  
The Individual

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.

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