scholarly journals History of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification

2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko
Keyword(s):  
The State ◽  
Educational Process ◽  
State Institute ◽  
Law Faculty ◽  
National University ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Definition Of ◽  
The Right

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.

scholarly journals The Issues of Justice and the Right of Access to Justice in Vietnamese Law

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Pham Hong Thai
Keyword(s):  
Social Sciences ◽  
Publishing House ◽  
Criminal Code ◽  
Access To Justice ◽  
National University ◽  
History Of ◽  
Legal Document ◽  
The Law ◽  
The Right ◽  
Right Of Access

Justice and the right to access to justice are fundamental issues in the law of every country, which are also vast and complex content. The article analyzes the provisions relating to justice and the right to access to justice in Vietnamese law from the feudal period up to present, especially in basic legal document such as the Constitution, the Criminal Code, and the Procedural Criminal Code, etc. The author argues that justice and the right to access to justice have been adopted in Vietnamese law since the feudal period. The provisions of justice and the right to access to justice in current laws of Vietnam are promoted from the related provisions in the feudal law, along with the acquisition of the progressive values ​​of mankind in this area. Keywords: Justice, the right to justice, law, Vietnam. References: [1] Institute of Linguistics (2000), Vietnamese Dictionary, Da Nang Publishing House, p.208. [2] Vietnamese Dictionary (1999), Bach Khoa Publishing House, p.210. [3] Maison du Droit Vietnamien-Français (2009), Dictionnaire du Droit Français-Vietnamien, éditeur de l'encyclopédie, p.494. [4] Vietnamese Dictionary (edited by Nguyen Nhu Y), the Publisher of Culture and Information. 1999. p. 1757. [5] Russian Ozhegov Dictionary, M., 1949. [6] Dai Viet Su Ky toan thu, Volume 1, Publisher of Social Sciences. 1998, p.205. [7] History of State and Law of Vietnam, Publisher of National University, 2017, p. 108. [8] Translated version by Nguyen Ngoc Nhuan and Nguyen Ta Nhi, Justice Publisher, 2013. [9] Le trieu quan che, translated by Pham Van Lieu, the Publisher of Culture and Information. Ha Noi, 1997, p.13.    

The Constitutional Position of the Partito Nazionale Fascista

1937 ◽  
Vol 31 (2) ◽  
pp. 227-242
Author(s):  
H. Arthur Steiner
Keyword(s):  
Communist Party ◽  
The State ◽  
Constitutional Theory ◽  
Nazi Regime ◽  
The Public ◽  
The Law ◽  
The One ◽  
Definition Of ◽  
The Right ◽  
Indirect Reference

In the one-party states, of which the U.S.S.R., Germany, and Italy may be taken as the best examples, the definition of relationships between the party and the state has presented a major problem of constitutional theory. No two of these states have solved the problem in the same way. The C.P.S.U., engineering the dictatorship of the proletariat, depends upon methods which are constitutionally indirect. Only in the Commission for Soviet Control is there a constitutionalized inter-relationship between the mechanisms of the party and the state; for the rest, the party relies upon its political discipline over the public personnel. Indirect reference to the Communist party is contained in the new Soviet constitution, in the guarantee to citizens of the right of “uniting in the Communist party of the U.S.S.R.,” and in the incorporation of the hammer and sickle and the slogan of the party into the emblem of the state. On the other hand, the Nazi régime in Germany prohibited the formation of other parties than the N.S.D.A.P. by the law of July 14, 1933, and, by the law of December 1, 1933, proclaimed the formal union of the party and the state.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Prologue

2017 ◽  
Author(s):  
Peter D. McDonald
Keyword(s):  
Cold War ◽  
Cultural Diversity ◽  
The State ◽  
The Political ◽  
Cultural Expression ◽  
Intangible Heritage ◽  
History Of ◽  
Definition Of ◽  
The Cold War ◽  
Print Literacy

The section introduces Part II, which spans the period 1946 to 2014, by tracing the history of the debates about culture within UNESCO from 1947 to 2009. It considers the central part print literacy played in the early decades, and the gradual emergence of what came to be called ‘intangible heritage’; the political divisions of the Cold War that had a bearing not just on questions of the state and its role as a guardian of culture but on the idea of cultural expression as a commodity; the slow shift away from an exclusively intellectualist definition of culture to a more broadly anthropological one; and the realpolitik surrounding the debates about cultural diversity since the 1990s. The section concludes by showing how at the turn of the new millennium UNESCO caught up with the radical ways in which Tagore and Joyce thought about linguistic and cultural diversity.

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.

„Zurück zu Schleiermacher! und von Schleiermacher aus vorwärts!“

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Brent A. R. Hege
Keyword(s):  
Twentieth Century ◽  
World War I ◽  
The State ◽  
World War ◽  
Psychological Method ◽  
Dialectical Theology ◽  
Complex Picture ◽  
History Of ◽  
The Subject ◽  
Definition Of

AbstractAs dialectical theology rose to prominence in the years following World War I, the new theologians sought to distance themselves from liberalism in a number of ways, an important one being a rejection of Schleiermacher’s methods and conclusions. In reading the history of Weimar-era theology as it has been written in the twentieth century one would be forgiven for assuming that Schleiermacher found no defenders during this time, as liberal theology quietly faded into the twilight. However, a closer examination of this period reveals a different story. The last generation of liberal theologians consistently appealed to Schleiermacher for support and inspiration, perhaps none more so than Georg Wobbermin, whom B. A. Gerrish has called a “captain of the liberal rearguard.” Wobbermin sought to construct a religio-psychological method on the basis of Schleiermacher’s definition of religion and on his “Copernican turn” toward the subject and resolutely defended such a method against the new dialectical theology long after liberal theology’s supposed demise. A consideration of Wobbermin’s appeals to Schleiermacher in his defense of the liberal program reveals a more complex picture of the state of theology in the Weimar period and of Schleiermacher’s legacy in German Protestant thought.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

From Toleration to Laïcité

2021 ◽  
Vol 31 (2) ◽  
pp. 145-161
Author(s):  
Gerhardt Stenger ◽  
Keyword(s):  
Religious Freedom ◽  
Church And State ◽  
Saint Augustine ◽  
Anglo Saxon ◽  
Modern Times ◽  
Political Justification ◽  
History Of ◽  
The Law ◽  
Pierre Bayle ◽  
The Right

This paper traces the history of the philosophical and political justification of religious tolerance from the late 17th century to modern times. In the Anglo-Saxon world, John Locke’s Letter Concerning Toleration (1689) gave birth to the doctrine of the separation of Church and State and to what is now called secularization. In France, Pierre Bayle refuted, in his Philosophical Commentary (1685), the justification of intolerance taken from Saint Augustine. Following him, Voltaire campaigned for tolerance following the Calas affair (1763), and the Declaration of the Rights of Man (1789) imposed religious freedom which, a century later, resulted in the uniquely French notion of laïcité, which denies religion any supremacy, and any right to organize life in its name. Equality before the law takes precedence over freedom: the fact of being a believer does not give rise to the right to special statutes or to exceptions to the law.

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