scholarly journals Semantic Conception of Law

2019 ◽  
Vol 6 (2) ◽  
pp. 119-126
Author(s):  
Yulia Aleksandrovna Gavrilova
Keyword(s):  
System Analysis ◽  
Social Space ◽  
Modern Society ◽  
Point Of View ◽  
Semantic Conception ◽  
Conceptual Apparatus ◽  
External Relations ◽  
The Law ◽  
Theory Of Law ◽  
Legal Understanding

The article is a continuation of the author’s publications about integrative conception of the meaning of law in the Russian Journal of Legal Research No. 2 for 2016 and No. 1 for 2017. The author understands under the semantic conception of law an a integrative holistic and collective image of law, which always has a specific historical content (in this modern society) and operates in accordance with the principle of complementarity of different types of legal understanding. This conception contains several basic assumptions. First, the semantic conception is not an absolutely new type of legal understanding, and the meaning of law is one of the supporting connecting structures that, from the point of view of modern philosophy and methodology of science, characterize the interpretational style of scientific thinking. Secondly, the dispute between the philosophy of law and the theory of law for the priority in legal understanding can be solved by a scientific convention based on the concept of the meaning of law, which harmoniously combines the internal nature of law and its external relations with economics, politics, culture and other subsystems of society. Thus, the opposition between the law “from the inside” and that which is “outside” the law is removed. Thirdly, the semantic conception of law is able to set the optimal vector for improving the conceptual apparatus of jurisprudence and for modernizing the criteria of the scientific novelty of modern legal knowledge from the position of the so-called “classical” and “postclassical” legal paradigms. If the meaning of the law is improved by the internal logic of the development of the law itself, then the scientific novelty will always be postulated as “understanding traditional ideas at a new stage”. But if the meaning of law derives its sources from the social space, then, of course, it is necessary to recognize that philosophical concepts, terms and institutions can be included in the conceptual apparatus of law within the framework of a new objective interpretation. The semantic conception of law has significant theoretical and practical potential for system analysis of the problem of modern Russian legal understanding.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

scholarly journals The Coordination of Activities of the Law Enforcement Agencies in the Fight Against Crime

Legal Concept ◽  
2021 ◽  
pp. 26-32
Author(s):  
Ekaterina Azarova ◽  
Vyacheslav Vnukov
Keyword(s):  
Law Enforcement ◽  
Organizational Support ◽  
System Analysis ◽  
Criminal Activity ◽  
Point Of View ◽  
Theory And Practice ◽  
Russian Society ◽  
Legal Analysis ◽  
Law Enforcement Agencies ◽  
The Law

Introduction: in modern Russian society, the fight against crime requires the legislative regulation. Crime is a multifaceted phenomenon that is becoming more complex in parallel with the development of society. Its growth makes it necessary to research the fundamentals of the theory and practice of coordinating the activities of the law enforcement agencies in the fight against crime. The important factors from the point of view of the state of coordination activities are their proper organizational support, the development of the right strategies and tactics when performing the necessary actions, as well as their effective use by the law enforcement agencies to curb criminal activity. The authors of the paper set the goal of the study, which is to analyze the coordination activities of the law enforcement agencies in the fight against crime. Methods: the methodological framework for the research is the dialectical-materialistic method of cognition, which includes the elements of system analysis, and the specific scientific methods, such as the logical and legal one. Results: based on the legal analysis, the content of coordination activities as the effective coordinated actions in the fight against crime is revealed. Conclusions: it is revealed that there is a need to adopt a special law aimed at improving the status of prosecutors in the framework of these coordination activities.

International Law and Political Science

1913 ◽  
Vol 7 (2) ◽  
pp. 315-328 ◽  
Author(s):  
Alpheus Henry Snow
Keyword(s):  
United States ◽  
Great Britain ◽  
International Law ◽  
Great Majority ◽  
The United States ◽  
Point Of View ◽  
Political Society ◽  
External Relations ◽  
Internal Relations ◽  
The Law

It is a truism that the science of law proper – the science dealing with the United States or the law of Great Britain, one finds the whole science based on the fact of the existence of a political society known as the United States or Great Britain, which formulates, applies and enforces the law which governs these nations in their internal relations. When one enters upon the study of what is called international law, one finds himself expected to accept as a fundamental proposition that there is no political society which formulates, applies and enforces the law which he is told governs all nations in their external relations, and that this law is formulated, applied and enforced among or between the nations. This difference in fundamentals leads to corresponding differences in the derivative notions. Practitioners of law proper take little or no interest in what is called international law. From their point of view, that which is called international law is only a collection of the rules of a highly interesting game, success in which depends largely upon “face ” and personality; nor can it be denied that there is much to justify this opinion. Students of law reflect the attitude of mind of the practitioner, and the great majority of students end their legal education when they finish the courses in national domestic law, giving no consideration to the law which governs the actions and relations of the nations.

scholarly journals RESPONSIBILITY AS A PRIORITY TOOL FOR COMBATING SMUGGLING

2021 ◽  
Vol 1 (1) ◽  
pp. 142-150
Author(s):  
Vitaliy Kadala ◽  
◽  
Olena Guzenko ◽  
Keyword(s):  
Criminal Liability ◽  
Modern Society ◽  
Legal Liability ◽  
Legal Framework ◽  
Criminal Code ◽  
Point Of View ◽  
Conceptual Apparatus ◽  
The Subject ◽  
Administrative Jurisdiction ◽  
Key Aspects

The article outlines the existing types of liability for smuggling, describes the current state of damage caused by their presence in modern society. Reveals the author's assessment and position on the need to clarify the content of certain categories of the conceptual apparatus, which is devoted to the degree of responsibility for offenses that have the features of smuggling. The research contains the author's proposal to introduce into the Criminal Code of Ukraine the conceptual categories of «criminal liability for smuggling», includes a justification for this action. Attention is paid to the existing legislative initiatives on combating smuggling and corruption during customs clearance of goods, their content is revealed. The author's vision of improving the situation with the reduction of smuggling crimes on the basis of the proposed proposals is presented. The chosen direction of the research is relevant as it is aimed not only at outlining the key aspects of criminal liability for smuggling, but above all at developing certain measures to improve the situation at customs. From a scientific point of view, the study needs modernization in terms of clarifying the content of certain categories of the conceptual apparatus of the subject of study. The conclusions of the study are as follows. First, there is a fairly modernized legal framework in Ukraine, which discloses the degree of responsibility of persons who have committed a criminal or administrative offense related to smuggling. Secondly, the legislator clearly distinguished between the measures of criminal and administrative liability of persons who participated in smuggling operations, and it is important that the legislator defined the boundaries of the transition from administrative to criminal liability. Thirdly, the research indicated the expediency of clarifying the content of certain categories of the conceptual apparatus of the subject of study, namely the concepts of «criminal liability for smuggling» (a type of legal liability that gives rise to criminal relations between special authorities and persons who violated customs rules that have signs of smuggling in particularly large amounts, which is individualized in the conviction of the court) and «administrative liability for smuggling» (a type of legal liability that arises during administrative relations between legal entities in the field of violation of customs rules, which have signs of smuggling and are subject to administrative penalties by administrative jurisdiction). Fourth, the authors propose to include in the measures to reduce the level of smuggling: increase the material security of border guards and customs officers, equip «problem» areas of the border with a system of covert round-the-clock surveillance, observation and professionally trained staff, etc.

scholarly journals THE LAW AS A SOURCE OF LAW OF MODERN LEGAL RUSSIAN STATE

2019 ◽  
Vol 29 (6) ◽  
pp. 911-916
Author(s):  
N.G. Yakusheva
Keyword(s):  
Social Relations ◽  
Point Of View ◽  
Modern Development ◽  
Democratic State ◽  
Federal Constitutional ◽  
The Law ◽  
Theory Of Law ◽  
Many Sources ◽  
Law Making

Among the many sources of modern law, the author considers the law as the main source of law for most modern states. The nature of this source of law in modern Russia is investigated, its main features are highlighted. A specific feature of the modern development of Russian legislation is noted - the adoption of laws is aimed at transformations, reforms, and the introduction of new legal decisions. A comparative description of legislation and law is presented. It is concluded that the legislation is characterized by systemic properties derived from the quality and dynamics of social relations, their values and priorities. An assessment of different views of scientists on the problem under study is given from the point of view of the historical stages of society development. The necessity of observing the principle of the hierarchy of sources of law (the Constitution - the Federal Constitutional Law - the law - the decree, etc.) in the framework of a legal democratic state is emphasized. Priorities are identified in relation to the direction and purpose of legal reform in modern Russia, ensuring the supremacy of citizens' interests over the interests of the power system. Due to the low quality of laws adopted in the Russian Federation, it is concluded that it is necessary to provide scientific and methodological assistance to legislative bodies to improve the quality of laws. Measures to improve existing legislation are proposed. Conclusions are drawn about the need to develop a unified theory of law-making and law-enforcement mistakes and to take into account the objective needs of public life in the subjective law-making activity of the legislator.

General theory of law in connection with the axiology of values

2021 ◽  
Author(s):  
Aleksandr Chernyavskiy
Keyword(s):  
General Theory ◽  
Point Of View ◽  
Legal Issues ◽  
Human Values ◽  
Law Schools ◽  
Wide Range ◽  
The Law ◽  
Theory Of Law

The monograph presents the author's view on the legal quality of law from the point of view of the theory of law as the norms of coordinating interests about values. The author gives an assessment of the norms of law as the norms of differentiation and coordination of relations regarding values. The article analyzes what is the driving principle of law: the convergence of state values and human values. The author believes that any attempts to assign priority to certain values without taking into account their real correlation in society are doomed to failure in advance. The attitude of a person to the law is the defining embodiment of legal values as the socio-cultural basis of law. The law regulates the procedure for the realization of interests in relation to values. For a wide range of readers interested in legal issues. It will be useful for students, postgraduates and teachers of law schools.

REGULATORY ACTS LANGUAGE AND STYLE AS A LEGAL TECHNIQUE ELEMENT

2018 ◽  
pp. 23-34
Author(s):  
O.V. Belyanskaya
Keyword(s):  
Modern Society ◽  
Legal Culture ◽  
Legal Regulation ◽  
Point Of View ◽  
Practical Significance ◽  
Second Person ◽  
Language Functioning ◽  
Proper Nouns ◽  
The Will ◽  
The Law

The aim of the research is to determine the features of the language style of the regulatory act, which should be subject to the law of formal logic and general requirements of the legal technique. The creation of a unified system of the law language, which would successfully function in lawmaking, is a long and controversial process. But today there is an obvious need to create such a system for effective legal regulation, to improve the legal culture of modern society, to simplify the process of law interpretation. It is proved that the raised problem should be solved in line with two sciences: linguistics and jurisprudence. The practical significance of our conclusions we express in establishing relationships between linguists, who consider this problem from the point of view of language functioning in society, and lawyers, who test the latest linguistic developments in practice, which will contribute to the optimal and prompt resolution of the problem of creating a unified system of the law language with clearly defined rules and requirements. Conclusions: the style of the regulatory act is a set of certain stamps, clichés, clear, unambiguous concepts, a set of certain rules and requirements that ensure the effectiveness of legal regulation. The style of regulations comes from compliance with the following basic requirements: 1) impersonality of the statement, that is, in the text of the regulatory act are not used personal pronouns of the first and second person, proper nouns that could point to the author of the bill; 2) the logical presentation – the legal material requires a correct and logical presentation; 3) the compactness of the presentation – the material in the regulatory act should be presented clearly, without unnecessary reasoning and deviations; 4) clarity, that is, the regulatory material must be clearly perceived by the absolute majority of people, so in the texts of regulatory acts it is impossible to use the means of artistic expression; 5) evaluation, that is, the will of the legislator is expressed in the affirmative or negative terms regarding to a certain model of behavior.

scholarly journals I am Online, Therefore I Exist. New Media as a Sphere of Users’ Social Creativity

2020 ◽  
pp. 63-73
Author(s):  
Darya Ustyuzhanina ◽  
Keyword(s):  
New Media ◽  
Information And Communication Technologies ◽  
Social Space ◽  
Modern Society ◽  
Communication Technologies ◽  
Point Of View ◽  
The Social ◽  
Information And Communication ◽  
Social Creativity ◽  
The Creation

This paper examines the social and creative practices of new media users, identifies their varieties from the point of view of the product and subject of this activity, analyzes their nature through the characteristics of the properties of the online space and through the prism of ideas about the network society. Creativity, in general, is considered in the context of the communicative approach, according to which the creative act involves not only the creation of a new, never-before-seen but also is realized when its result is included in the social context. In addition, social creativity is defined as an activity aimed at transforming social space, the product of which can be new practices, norms, values, and organizational forms of individuals. Ideas about the systemforming role of information and communication technologies in the structure of modern society allow M. Castells and J. van Dijk to characterize it as a network, whose members are included in many communities (including virtual ones) and discourses. Participation in mediated horizontal communications requires individuals to be socially active and creative. The environment of the global information network, its variability and novelty motivate the user to engage in social and creative practices. The work proposes a classification of the latter on two grounds: in terms of the subject, we can talk about individual and collective practices, in terms of the creativity result, practices are allocated to aimed at the production of digital artifacts, the implementation of socially-active activities or the creation of social samples. The author concludes that participation in creative practices allows the users to realize social and communicative needs and, ultimately, to declare their existence in the virtual world.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

SOCIAL CONFLICT: ARCHETYPAL NATURE AND RESOLUTION MECHANISM

2018 ◽  
Vol 1 (11) ◽  
pp. 294-305
Author(s):  
Ruslan Rafisovich Hasanov
Keyword(s):  
Social Life ◽  
Social Space ◽  
Interpersonal Relations ◽  
Human Life ◽  
Social Groups ◽  
Optimal Solution ◽  
Modern Society ◽  
Constructive Development ◽  
The Social ◽  
Interdisciplinary Knowledge

On the basis of the archetypic analysis of development trends of a conflictological paradigm the author’s model of minimization of conflict potential in modern society is offered. Institutional construction is the basis for model that is harmonized with a factor of societal identity.It is noted that the problems of social conflicts, according to data from monitor- ing studies of the Ukrainian school of archetype, are increasingly shifted into the sphere of interpersonal relations. It is stimulated by the progression in society of so-called self-sufficient personalities, the “subjectification” of the social space, and at the same time narrowing down to the solution of entirely specific situations in which there is a collision of the interests of two or more parties.Instead, in order to find the optimal solution for resolving the conflict, it is necessary to have interdisciplinary knowledge, in particular understanding of the deep nature of such conflicts. Collision of points of view, thoughts, positions — a very frequent phenomenon of modern social life. In order to develop the correct line of behavior in various conflict situations, it is important to adequately under- stand the nature of the emergence of the modern conflict and the mechanisms for resolving them in substance. Knowledge of conflict nature enriches the culture of communication and makes human life and social groups not only more calm, but also creates conditions for constructive development. It is proved that in modern life one can not but agree with the statement that an individual carries first re- sponsibility for his own life and only then for the life of the social groups to which he belongs. And while making decisions within the framework of modern mecha- nisms (consensus), the properties of human psychology such as extroversion, emo- tionality, irrationality, intuition, externality, and executive ability will not at least contribute to such a task.That is why in the author’s research attracted attention to the archetypal na- ture of the conflict — the primitive images, ideas, feelings inherent in man as a bearer of the collective unconscious.

Sign in / Sign up

Export Citation Format

Share Document