scholarly journals The non-classical rationality and the problem of legal values

2015 ◽  
Vol 2 (3) ◽  
pp. 18-23
Author(s):  
V B Romanovskaya ◽  
P S Zhdanov

This article touches upon the problem of legal values’ substantiation an the transitional periods of cultural evolution. Particularly, the situation of legal conscience’s crisis at the beginning of 20th century is analyzed. The reasons of mentioned crisis are linked with the decay of the modern era’s culture, which determined the worldview preconditions of new European legal tradition and respective system of legal values. Then authors make the overview of legal conceptions of Russian scientists, which approached to the problem of legal values’ substantiation from the standpoints of non-classical rationality: L.I. Petrazycki, N.N. Alekseev, I.A. Ilyin,B.P. Vysheslavtsev, N.A. Berdyaev, S.L. Frank. They conclude, that the problem of legal values was considered by the mentioned authors in the framework of research of the act, in which subject perceives the values. Such an approach determined special attention to a subject and his self determination in the area of legal values.

2019 ◽  
Vol 1 (1) ◽  
pp. 100001 ◽  
Author(s):  
Quan-Hoang Vuong ◽  
Quang-Khiem Bui ◽  
Viet-Phuong La ◽  
Thu-Trang Vuong ◽  
Manh-Toan Ho ◽  
...  

2018 ◽  
Vol 50 (2) ◽  
pp. 323-327 ◽  
Author(s):  
Ariel I. Ahram

Since 2011, Arab states have faced unprecedented challenges to their territorial integrity. Movements in Kurdistan, southern Arabia, and Cyrenaica have all made unilateral bids to secure administrative and coercive control over territory. While some disavow secessionism, their agendas for separation clearly undermine their respective parent state, Syria, Iraq, Yemen, and Libya. Added to this is the Islamic State (IS), intent on breaking all the borders of the region and establishing a new caliphate. It is easy to see the emergence and empowerment of these movements as steps in the crumbling of artificial colonially constructed states and the reassertion of more ancient and organic clan, sect, and tribal allegiances. Yet these movements represent less a reversion to primoridialism than a reassertion of claims to self-determination that had been overridden in the course of 20th-century state formation.


2003 ◽  
Vol 72 (2) ◽  
pp. 253-290
Author(s):  
Karin Buhmann

AbstractThe article takes its point of departure in administrative law and good governance as possible avenues for increased implementation of rights, including human rights. The author discusses the role that pre-modern East Asian ideas on governance and pre-modern administrative law and institutions for monitoring the executive's use of power may play for the substance and focus of the reforms of administrative law that have been undertaken in the late 20th century in the People's Republic of China (PRC) and in Vietnam. The article discusses the possible influence of ideas and institutions inspired by Confucianism and the School of Legalism, including such features as a meritocratic civil service, institutions for monitoring the executive and for dealing with complaints, instrumental use of law, and use of rewards, punishments and instruction to achieve the aims of the law. The author compares the prevalence of the features of pre-modern China and Vietnam with elements in legislation and institutions implemented under the late 20th century reform processes in the PRC and Vietnam. The article concludes that the legacy of the pre-modern system of administrative law and governance and related institutions appears to play a role in the modern reform process that is more than accidental, and that this legacy results in a relatively strong emphasis on a principle of legality in the legislation implemented under the reforms and in a relatively weaker emphasis on the principle of equality. The article suggests that features of the premodern legacy, especially the emphasis on exercise of executive power in accordance with law, may be explored as providing potential for contributing to an increased quality of public administration and an increased implementation of rule of law and specific rights, including human rights and rights of relevance to trade and investment. It is also suggested that these features of the pre-modern system may be explored by the development community and international organizations as potential for creating ownership and sustainability of governance and law reforms that are of interest to external partners of the PRC and Vietnam.


2018 ◽  
Vol 16 (41) ◽  
Author(s):  
Raquel Varela ◽  
Roberto Della Santa Barros

Com muita frequência é possível encontrar análises sobre a história europeia do séc. XX que não passam de justificações ideológicas do tempo presente, seja a partir de pressupostos a orbitar Washington ou premissas irradiadas desde Moscou, isso para não mencionar as teses pós-modernas ou neoconservadoras. Argumentamos nesse artigo que, para retomar a iniciativa e a luta pela autodeterminação dos trabalhadores e povos europeus, é preciso, também, uma nova escrita da história europeia recente. Nada disso é possível sem levar em conta a tradição intelectual e o movimento político que tem lugar a partir do legado de Karl Marx.Palavras-chave: Marx; Europa; história social; autodeterminação. Abstract −It is often possible to find analyses of 20th-century European history that are no more than ideological justifications of the present, whether asserting assumptions from Washington or premises from Moscow, not to mention postmodern or neoconservative theses. We argue in this article that in order to resume the initiative and struggle for the self-determination of European workers and peoples, a new writing of recent European history is also required. None of this is possible without taking into account the intellectual tradition and the political movement that emerged from the legacy of Karl Marx.Keywords: Marx; Europe; social history; self-determination.


Author(s):  
Miguel Bandeira Jerónimo ◽  
José Pedro Monteiro

European imperial expansion and consolidation in Africa was, from its inception, a trans-imperial process that was increasingly codified, regulated, and legitimized in an international sphere. Similarly, initiatives that aimed to counter Western dominance and hegemony across the 20th century looked for international institutions as privileged instances for claim-making and enhanced resistance against imperial and colonial projects. All these dynamics included several and diverse actors, networks, and institutions, from distinct geographies and with varied political and social outlooks. They gave origin to the global normative and institutional order of today. From the different but competing “civilizing missions” to the crystallization of self-determination as the global political norm, the history of Africa has been a recurrent feature of the mounting drives for internationalization that marked 20th century, offering several possible avenues of research for a global history of colonialism in the continent.


Author(s):  
С.М. Исхаков

Статья посвящена малоизвестной биографии Керим бея Ратая, представителя туркменского народа, и его трактовки истории борьбы туркмен за самоопределение в первой трети ХХ века. Публикуемая записка представляет собой источник, который отражает разные проблемы, связанные с туркменской историей, содержит его размышления о ситуации в Средней Азии, об историческом процессе в Северной Евразии, сведения, которые, которые потребуют дополнительного изучения. Из приведенных им рассуждений следует, что туркмены испытывали неприятие навязываемого им большевиками пути общественного развития, борясь за самостоятельность. На его взгляд, борьба туркмен в условиях советской власти вовсе не прекратилась, а закончится только тогда, когда ими будет завоевана независимость, когда ими будет воссоздано собственное государство, что и произошло с распадом СССР. This article presents a biography of Kerim Bey Ratay, a Turkmen, and his interpretation of the Turkmen struggle for self-determination in the first third of the 20th century. The source published here reflects various problems of Turkmen history, contains Kerim's thoughts on the situation in Central Asia, and gives insight on the historical processes in Northern Eurasia, providing information that requires further research. His take on the situation indicates that the Turkmen people did not like the social development choices being forced on them by the Bolsheviks and were fighting for independence. In his opinion, the Turkmen struggle never ceased after the establishment of Soviet rule and that it would only end when the Turkmen gained independence and reestablished their own state – that is exactly what happened with the dissolution of the USSR.


Author(s):  
Natalia V. Litvina ◽  

Upper Kama region (Verkhokamye) is considered as one of the most studied regions of the Old Believers. The research interest has long been focused on the manifestations of a high spiritual and rich material culture.However, in the 20th century, the region underwent complex transformations. As a result social roles changed and also their religious assessment. The article considers several women’s strategies of self-determination in life (“the synodic’’, “wayward”, “girlfriend/mate”), as well as the development of compromise assessments of each category by the Old Believers society


2021 ◽  
Author(s):  
H.L. Cu Si

One of the most seminal work on Vietnamese cultural evolution (the study of changes in culture that draws a lot of parallels to Darwinian biological evolution) is Cultural evolution in Vietnam's early 20th century: A Bayesian networks analysis of Hanoi Franco-Chinese house designs , which studied the architecture of multiple buildings of Hanoi’s Old Quarter and plotted them on a graph based on the probabilities that any given building would contain Buddhist, Chinese, and/or French decorations...


2020 ◽  
Vol 27 (1-2) ◽  
pp. 83-110 ◽  
Author(s):  
Aaron Rock-Singer

Abstract Salafism is a global religious movement whose male participants often distinguish themselves from their co-religionists by a particular style of facial hair. Historians have focused largely on this movement’s engagement with questions of theology and politics, while anthropologists have assumed that Salafi practice reflects a longer Islamic tradition. In this article, I move beyond both approaches by tracing the gradual formation of a distinctly Salafi beard in the 20th century Middle East. Drawing on Salafi scholarly compendia, leading journals, popular pamphlets, and daily newspapers produced primarily in Egypt and Saudi Arabia, I argue that Salafi elites revived a longer Islamic legal tradition in order to distinguish their flock from secular nationalist projects of communal identity and Islamic activists alike. In doing so, I cast light on Salafism’s interpretative approach, the dynamics that define its development as a social movement, and the broader significance of visual markers in modern projects of Islamic piety.


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