scholarly journals The Concept of “Judicial Doctrine” in Russian Jurisprudence (General Notes)

Lex Russica ◽  
2021 ◽  
pp. 96-107
Author(s):  
L. P. Anufrieva
Keyword(s):  
International Law ◽  
The Other ◽  
Legal Doctrine ◽  
Generic Concept ◽  
Foreign Literature ◽  
Administration Of Justice ◽  
General Scientific ◽  
Judicial Doctrine ◽  
Scientific Doctrine ◽  
Scientific Sense

The paper aims to address the totality of individual terms based on the generic concept of “doctrine”: “legal doctrine”, “scientific doctrine”, “judicial doctrine” the way they are interpreted in modern Russian legal science. Substantially and conceptually, the work anticipates an approach to another subject that is an integral part of the Russian judicial doctrine and the process of its formation, namely the application of the principles and norms of international law in the administration of justice. The paper focuses on some ambiguous interpretations of the understanding of the phenomena that are combined with each other due to the interweaving of the above concepts found in modern domestic and foreign literature, sometimes mixing their external and internal sides, proposed corresponding original solutions or paradoxical qualifications. Two extremes are emphasized in the course of revealing the essence of the analyzed concepts: either an almost arbitrary — mechanical — connection of all the elements present in one case or another into a kind of artificial “complex”, or a declination in favor of only one component as a central (or supporting) component while ignoring the others. Analyzing the legal doctrine as a concept the author differentiates between a category of science and judicial doctrine, and assumes that it is worth avoiding hyperbolization of differentiation between them. On the other hand, it would be fruitless to draw direct lines of their influence on each other. At the same time, when using the term “judicial doctrine”, it is impossible to abstract from the concept of “doctrine” in the general scientific sense. Their mutual intersection with each other, “penetration” into each other are objective. Formulating the conclusions on the problems of the concepts of legal, scientific and judicial doctrine, the author advocates greater caution in making proposals and, at the same time, greater criticism in assessing the already existing conclusions of legal theorists and practitioners.

scholarly journals History of the Development of the Judicial Defense Institution: The National Experience

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 47-51
Author(s):  
Elena V. Koroleva ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Historical Development ◽  
Effective Means ◽  
Current Situation ◽  
Legal Doctrine ◽  
Administration Of Justice ◽  
History Of ◽  
Judicial Protection ◽  
National Experience

This study reveals the development of the Institute of judicial protection in Russia during all stages of its historical development and formation. The author reveals the following questions: 1. Understanding of judicial protection in legal doctrine and practice. 2. the process of development and formation of the Institute of judicial protection in Russia. 3. The current situation of the Institute of judicial protection in terms of legal reality in Russia. This study will determine that the mechanism for the protection of human and civil rights through the administration of justice is one of the most effective means of protection provided for by current legislation and generally recognized principles and norms of international law. In comparison with other methods, the Institute of judicial protection stands out for its independence, objectivity and impartiality, which allows a comprehensive and complete examination of the available evidence when considering a case in court.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

A Politics of Intensity: Some Aspects of Acceleration in Simondon and Deleuze

2017 ◽  
Vol 11 (4) ◽  
pp. 498-517
Author(s):  
Yuk Hui ◽  
Louis Morelle
Keyword(s):  
Conceptual Framework ◽  
The Other ◽  
Generic Concept ◽  
Philosophical Thought ◽  
Ontological Ground ◽  
Shed Light

This article aims to clarify the question of speed and intensity in the thoughts of Simondon and Deleuze, in order to shed light on the recent debates regarding accelerationism and its politics. Instead of starting with speed, we propose to look into the notion of intensity and how it serves as a new ontological ground in Simondon's and Deleuze's philosophy and politics. Simondon mobilises the concept of intensity to criticise hylomorphism and substantialism; Deleuze, taking up Simondon's conceptual framework, repurposes it for his ontology of difference, elevating intensity to the rank of generic concept of being, thus bypassing notions of negativity and individuals as base, in favour of the productive and universal character of difference. In Deleuze, the correlation between intensity and speed is fraught with ambiguities, with each term threatening to subsume the other; this rampant tension becomes explicitly antagonistic when taken up by the diverse strands of contemporary accelerationism, resulting in two extreme cases in the posthuman discourse: either a pure becoming, achieved through destruction, or through abstraction that does away with intensity altogether; or an intensity without movement or speed, that remains a pure jouissance. Both cases appear to stumble over the problem of individuation, if not disindividuation. Hence, we wish to raise the following question: in what way can one think of an accelerationist politics with intensity, or an intensive politics without the fetishisation of speed? We consider this question central to the interrogation of the limits of acceleration and posthuman discourse, thus requiring a new philosophical thought on intensity and speed.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

Constitutional policy of law of modern Russia: ideas, priorities, values, directions

2018 ◽  
Author(s):  
Павел Баранов ◽  
Pavel Baranov ◽  
Алексей Овчинников ◽  
Aleksey Ovchinnikov ◽  
Алексей Мамычев ◽  
...  
Keyword(s):  
International Law ◽  
Public Administration ◽  
Public Life ◽  
Political Extremism ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Russian State ◽  
The Russian Federation ◽  
Political Economic ◽  
Comprehensive Study

The monograph is a comprehensive study of the nature, content and priorities of the constitutional and legal policy of the Russian state. The authors identify and analyze various elements of the constitutional legal doctrine (value-normative, socio-political, economic, international law, spiritual and moral, etc.), as well as the directions of its development in Russia in the XXI century. Constitutional and legal policy is considered in the context of modern problems of national and religious security, in the sphere of combating political extremism, corruption, network wars, etc.the analysis of practical issues related to the implementation of constitutional and legal policy in various spheres of state and public life is Carried out. The publication is aimed at specialists in the field of law, political science, public administration. The book can also be used in the study of such disciplines as "Constitutional law of the Russian Federation", "Legal policy of the modern state", " Fundamentals of national security»

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

The Agreement between Greece and Italy on the Delimitation of their Respective Maritime Zones: An Italian Perspective

2021 ◽  
Vol 30 (1) ◽  
pp. 283-294
Author(s):  
Marina Mancini
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
The Other ◽  
Boundary Line ◽  
Great Success ◽  
Ionian Sea ◽  
National Interests ◽  
The Mediterranean

In 2020 Greece and Italy concluded a maritime delimitation agreement, extending the already-established boundary line between their respective continental shelf areas to the other maritime areas to which they are entitled under international law. The Greek authorities hailed the agreement as a great success, stressing that it fully reflects their position vis-à-vis maritime delimitation in the Mediterranean and it meets their national interests in the Ionian Sea. This article critically analyzes the agreement, in the light of various recent events, and it finds that it serves Italian interests too. In particular, the 2020 Italo-Greek agreement furthers Italy’s growing interest in delimiting the maritime zones to which it is entitled under international law, so as to prevent its rights and jurisdiction over them being impaired by the proclamation of overlapping zones by its neighbours. It also sets the stage for future proclamation by Italy of an EEZ covering the waters adjacent to its territorial sea in the Ionian Sea.

What Use Is Customary International Law?

2021 ◽  
Vol 9 (1) ◽  
pp. 119-131
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Legal Personality ◽  
Historical School ◽  
General Law ◽  
The One ◽  
The 19Th Century

Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

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