scholarly journals HUMAN AND CITIZENSHIP IN THE CONTEXT OF PARADIGMAL POLITICAL SCIENCE MEASUREMENT

2018 ◽  
pp. 8-19
Author(s):  
Fedir Kyryliuk ◽  
Viktor Melnyk
Keyword(s):  
Political Science ◽  
Physical Nature ◽  
Subject Area ◽  
The State ◽  
Roman Law ◽  
New Approach ◽  
Whole Process ◽  
Solid Foundation ◽  
The Subject ◽  
Definition Of

The critical analis of the centennial stage of the institutionalization of political science makes it possible to draw a paradoxical conclusion — political science is the science of debate and about debate. This is explained not only by the complexity of the methodological use of political science principles or by its poor integration in the subject area of other social (or behavioral) sciences. The main problems of political science are terminological uncertainty and methodological Abstraction. Each new approach in political science really can completely change the essence of its theoretical construction. By introducing the term “Civil Political Science” into broad terms, the authors hope to make a step towards the structural determinacy of political science and give it a solid foundation — the problem of a person as a citizen. Civic political science is intended to improve political science, to arrive from the destructive influence of etatism, which is only masked by ideological stamps and reduces the very idea of the state (as an organism at the same time social, legal, created by a citizen-man for a citizen-man). Applying for the new principles of civil political science, the authors hope to begin the process of “deetatization” of political science in order to serve the true interests of the state — the interests of citizenship. It should not be forgotten that only citizens determine and produce statehood by the fact of their existence. Man as a citizen was formed in the process of human transition from the wild stage of existence to settled life. The struggle of instincts of physical against moral feelings was accompanied by the whole process of political evolution of communities — from the primitive order to the present day. It did not pass the institute of citizenship, which was largely intended to reconcile the instinctive nature of man as a biosocial being (let us recall the patriarchal definition of Roman law). Consequently, the reconciliation of morality and physical nature within a person should be recognized as the prevailing tendency of civil political science.

„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.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals CERTAIN ASPECTS OF AUTOMATIZATION OF FORMING THE FORENSIC EXAMINATION CONCLUSION PROCESS

2021 ◽  
Vol 74 (1) ◽  
pp. 114-121
Author(s):  
Vasyl Kovalov ◽  
Keyword(s):  
Information System ◽  
Expert Opinion ◽  
Information Technologies ◽  
Digital Technologies ◽  
Research Process ◽  
Subject Area ◽  
Technical Errors ◽  
Forensic Examination ◽  
The Subject ◽  
Definition Of

Active introduction of digital technologies in all spheres of life is one of the main directions of state development as a whole and separate sphere of activity. The issue of using information technologies and systems during forensic examination is the subject of scientific research of many domestic and foreign scientists, but this sphere remains relevant. The introduction of digital technologies in forensic activities is one of the priority areas for the forensic science development at the present stage and has significant development potential. One of the areas of optimization and improvement of forensic activity is the development of methods to automate the formation of forensic experts and unify the description of the research process, identified features, justification and formulation of forensic conclusions, which requires legislative consolidation and regulation, analysis and definition of the subject area and development requirements and algorithms for the operation of the system interface. Unification and standardization of the content of forensic experts' opinions requires the development of common standards and an information system adopted by all subjects of forensic expertise, and meets the needs of practice. The development of an information system for forming an expert opinion and automatically forming an expert opinion will allow formalizing and unifying the description of research and results of forensic examinations, optimizing the time of forensic experts and potentially reducing the number of logical, typographical and technical errors, and simplifying quality control of forensic examinations. The proposed system will not only automate the technical work of registration of research results carried out during forensic examinations, but will also contain research algorithms, which will be stored in the form of data on already conducted research of similar objects (list and sequence of operations, identified features and their parameters).

The State

2011 ◽  
Author(s):  
Christopher W. Morris
Keyword(s):  
Georg Wilhelm Friedrich Hegel ◽  
John Rawls ◽  
Western Europe ◽  
Basic Structure ◽  
The State ◽  
Roman Law ◽  
History Of ◽  
Republican Government ◽  
The Subject ◽  
Early Modern Times

It is often said that the subject matter of political philosophy is the nature and justification of the state. Georg Wilhelm Friedrich Hegel thinks that political science is “nothing other than an attempt to comprehend and portray the state as an inherently rational entity.” John Rawls famously understands “the primary subject of justice [to be] the basic structure of society,” restricting his attentions to a society “conceived for the time being as a closed system isolated from other societies,” and assuming that “the boundaries of these schemes are given by the notion of a self-contained national community.” Contemporary political philosophers often follow suit, disagreeing about what states should do, and simply assuming that they are the proper agents of justice or reform. The history of philosophy and the development of political concepts seem to be central to understanding the state. The influence of Roman law and republican government, and the rediscovery of Aristotle in the twelfth and thirteenth centuries, are obvious important influences. The modern state emerged first in Western Europe in early modern times.

Subject Expertise and Teachers’ Knowledge

1998 ◽  
Vol 17 (3) ◽  
pp. 342-356 ◽  
Author(s):  
Paul G. Schempp ◽  
Dean Manross ◽  
Steven K.S. Tan ◽  
Matthew D. Fincher
Keyword(s):  
Pedagogical Content Knowledge ◽  
Content Knowledge ◽  
Student Motivation ◽  
Evaluation Criteria ◽  
Subject Area ◽  
Pedagogical Content ◽  
Perceptions Of Students ◽  
Subject Matter Expertise ◽  
The Subject ◽  
Definition Of

The purpose of the study was to ascertain the influence of subject matter expertise on teachers’ pedagogical content knowledge. Data were collected through multiple, extended interviews with 10 teachers with expertise in at least 1 subject area in physical education. Each teacher was interviewed 4 times for approximately 1 hour, focusing on the teacher’s familiarity with 2 content areas (1 expert and 1 nonexpert) and their experiences teaching the subjects. Data were analyzed using the constant comparative technique. The findings were presented with reference to Grossman’s (1990) definition of pedagogical content knowledge. Subject experts identified their largest pedagogical problem as student motivation, while nonexperts believed finding appropriate activities was their greatest challenge. Subject experts were more comfortable and enthusiastic about pedagogical duties and could accommodate a greater range of abilities. The experts and nonexperts revealed no differences in curricular selection, perceptions of students’ understanding of the subject, or evaluation criteria.

The Nature of Ususfructus

1946 ◽  
Vol 9 (2) ◽  
pp. 159-170
Author(s):  
Kopel Kagan
Keyword(s):  
Great Difficulty ◽  
Roman Law ◽  
Present Position ◽  
Modern Times ◽  
The Subject ◽  
The One ◽  
Definition Of ◽  
The Right ◽  
Opening Statements ◽  
In Virtue Of

No satisfactory definition of Dominium in Roman Law has yet been achieved. Amongst English writers Austin many years ago found great difficulty in this question while in modern times Professor Buckland has written ‘it is thus difficult to define Dominium precisely.’ Again, Poste, dealing with Gaius' discussion of dominium, says that his opening statements are ‘deplorably confused.’ These examples are enough to indicate the condition, of uncertainty which prevails. In my submission this uncertainty exists mainly because the conception of ususfructus has never yet been explained adequately. Of Possessio it has been said ‘the definition of Possessio to give the results outlined is a matter of great difficulty. No perfectly correct solution may be possible,’ and this statement is generally accepted as a correct assessment of the present position in juristic literature. But here, too, in my opinion, the reason is again connected with usufruct, for the possessio of the usufructuary has not yet been adequately determined. Gaius (2.93) tells us ‘usufructuarius vero usucapere non potest; primuum quod non possidet, sed habet ius utendi et fruendi.’ Ulpian holds that he had possessio in fact (‘Naturaliter videtur possidere is qui usum fructum habet’ D.41.2.12). On this subject Roby says ‘the fructuary was not strictly a possessor and therefore if he was deprived from enjoying he had not a claim to the original interdict de vi but in virtue of his quasi-possessio a special interdict was granted him.’ Austin saw difficulty in the whole problem of possessio. He wrote ‘by Savigny in his treatise on possessio it is remarked that the possessio of a right of usufruct … resembles the possessio of a thing, by the proprietor, or by an adverse possessor exercising rights of property over the thing. And that a disturbance of the one possession resembles the disturbance of the other. Now this must happen for the reason I have already stated:—namely, that the right of usufruct or user, like that of property, is indefinite in point of user. For what is possession (meaning legal possession not mere physical handling of the subject) but the exercise of a right ?’

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.

Sociological analysis on the discourse of crisis in art

2016 ◽  
Author(s):  
İnan Keser ◽  
Nimet Keser
Keyword(s):  
20Th Century ◽  
The State ◽  
Sociological Analysis ◽  
Historical Continuity ◽  
Sociology Of Art ◽  
Long Time ◽  
The Subject ◽  
Definition Of ◽  
In The Beginning

For about a hundred and fifty years, it has been continuously expressed that art has been facing a deadly crisis and this crisis roots itself from the reality that there exists no concrete answer to the question of ‘what is art’. However related with the non-existence of consensus on what art is, it’s nothing more than a weak understanding to claim that it is impossible to talk about art. Thus, it can be acknowledged that the continuous repetition of the question of ‘what is art’ and non-existence of consensus on this subject is a clear proof of existence of a sharp struggle in art; and the state of non-consensus and historical continuity of the struggle can be acknowledged as the main source of dynamism of art. For this reason, in this study, it is acknowledged that non-existence of a concrete definition of art is a historical incident; and this controversial state about what art is and calling it the crisis of art itself was made the subject of a sociological analysis. In this analysis, it is concluded that; the actual crisis is not the crisis of art but that of aesthetics’; and that this crisis roots itself from the replacement of aesthetics regime (which dominated art for a very long time) with the non-aesthetic ‘artist regime’ in the beginning of 20th century and the nonfunctioning of aesthetics by this new regime. Keywords: art, sociology of art, aesthetics, art regime, artistic change.

Taking Constitutionalism beyond the State

2008 ◽  
Vol 56 (3) ◽  
pp. 519-543 ◽  
Author(s):  
Neil Walker
Keyword(s):  
Decision Making ◽  
State Level ◽  
The State ◽  
Regulatory Control ◽  
Future Career ◽  
Broad Agreement ◽  
Decision Making Capacity ◽  
The Subject ◽  
Key Features ◽  
Definition Of

In recent years, the idea that constitutional modes of government are exclusive to states has become the subject both of sustained challenge and of strong defence. This is due to the development at new regional and global sites of decision-making capacities of a scale and intensity often associated with the demand for constitutional governance at state level, to the supply at these same new sites of certain regulatory institutions and practices of a type capable of being viewed as meeting the demand for constitutional governance, as well as to a growing debate over whether and in what ways these developments in decision-making capacity and regulatory control should be coded and can be constructively engaged with in explicitly constitutional terms. The aim of the article is threefold. It asks why taking the idea and associated ethos and methods of constitutionalism ‘beyond the state’ might be viewed as a significant and controversial innovation, and so in need of explanation and justification – a question that requires us to engage with the definition of constitutionalism and with the contestation surrounding that definition. Secondly, taking account of the various arguments that lie behind these definitional concerns, it attempts to develop a scheme for understanding certain key features of constitutionalism and of its post-state development that is able to command broad agreement. Thirdly, and joining the concerns of the first two sections, it seeks to identify the key current tensions – or antinomies – surrounding the growth of post-state constitutionalism with a view to indicating what is at stake in the future career of that concept.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

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