scholarly journals Doctrinal legal thinking as the basis of theoretical research (on the example of the theory of status public law)

2020 ◽  
Vol 6 (3) ◽  
pp. 30-36
Author(s):  
Elena M. Krupenya
Keyword(s):  
Legal Theory ◽  
Modern Science ◽  
Public Law ◽  
Theoretical Research ◽  
Personal Knowledge ◽  
Initial Stage ◽  
New Knowledge ◽  
Legal Thinking ◽  
The Subject ◽  
True Knowledge

The author analyzes doctrinal legal thinking in the context of ontological characteristics of thinking the object of metasubject research in the field of cognitive psychology, physiology of thinking and other areas of modern science and, above all, in philosophy. As a result, problematizes the resources of doctrinal legal thinking in the process of producing new true knowledge, organized in the form of private legal theory, the indicators of which correlate the criteria of epistemology. Attention is drawn to the fact that in the process of developing private legal theories, which feeds the General legal theory, at the initial stage, of course, it is important to use the experience accumulated within a certain doctrine. Nevertheless, the limitation of the doctrinal legal worldview is noted. The author sees it in the fact that the doctrinal legal worldview (paradigm) is not able to ensure the transition to a qualitatively new knowledge according to the epistemological Maxim: from the old knowledge, the new is fundamentally not deducible. In this regard, the author substantiates the heuristic possibilities of a complex methodology. It is a complex, contextual methodology that allows, firstly, to obtain a qualitatively new knowledge about the object of a private theory; and, secondly, a complex methodology allows us to count on the fact that the knowledge obtained as a personal knowledge thanks to the subject of the study, legal and related state reality are able to be expressed and framed in lexical constructions the knowledge obtained, nevertheless, meets the criterion of objectivity. An illustrative example is the private theory of public law status, which is characterized in the context of epistemological criteria, namely: object, subject, empirical and regulatory framework, philosophical and ideological grounds and, of course, complex methodology.

On the problem of legality-legitimacy in theory of law and philosophy of law

2020 ◽  
pp. 19-27
Author(s):  
Artem Aleksandrovich Savenkov
Keyword(s):  
Research Methodology ◽  
Critical Analysis ◽  
Legal Theory ◽  
Legal Aspects ◽  
Philosophy Of Law ◽  
Legal Legitimacy ◽  
Legal Thinking ◽  
The Subject ◽  
Theory Of Law ◽  
Area Of Application

The subject of this research is the problem of understanding and interpretation of the meaning and designation of one of the key concept of modern legal lexicon – “legitimacy”. Legitimacy became an attribute of the current scientific paradigm of legal thinking, because broadening the area of application, it is used as a certain standard of highest legality, often perplexing comprehension of the problems of legal theory, as on etymological level its leans only on one of the Latin versions of the word “legal”. In the same platitude, legitimate legality and legal legitimacy are a common tautology, which in the context of theory of law and philosophy of law, insistently dictates the necessity to clarify this term and definition. Research methodology suggests the analysis of the problem of legality-legitimacy from the perspective of differentiating legal and other disciplinary approaches: political scientific, sociological, etc. The novelty of this study consists in the problematic-critical analysis of the concept of “legitimacy” on the context of theory of law and philosophy of law. The conducted research demonstrates that the problem of legitimacy represents is a terminological substitution within the framework of legal-positivistic doctrine for the so-called not “purely” legal aspects: sociological, psychological, political scientific, and other. 

scholarly journals Tyran i rządy tyrańskie w ujęciu Bartolusa de Saxoferrato

2021 ◽  
Vol 43 (4) ◽  
pp. 215-231
Author(s):  
Aleksandra Szymańska
Keyword(s):  
Legal Theory ◽  
Public Law ◽  
Scientific Career ◽  
14Th Century ◽  
The Public ◽  
The Subject

The famous 14th-century jurist Bartolus de Saxoferrato addressed the issues of tyranny at various points in his prolific scientific career, both in his commentary to the Corpus iuris civilis and in the public law treatises De regimine civitatis and De Guelfis et Gebellinis, where the theme of resistance against a tyrant was developed, whereas the legal theory of tyranny was comprehensively presented by him in the treatise De tyranno. The subject of the article is the analysis of the concepts of tyrant and tyrannical rule in Bartolus’ works.

scholarly journals CLASSICAL PHILOSOPHICAL FOUNDATIONS OF FUNDAMENTAL SCIENTIFIC RESEARCH’ INSTITUTIONALIZATION IN COGNITIVE SOCIETY

2020 ◽  
Vol 1 (4) ◽  
pp. 67-76
Author(s):  
Oleksandr Levchenko ◽  
Al-Ghazali Ameen Saif Ali
Keyword(s):  
Scientific Research ◽  
Critical Discussion ◽  
Theoretical Research ◽  
Hellenistic Period ◽  
Scientific Theories ◽  
Philosophical Foundations ◽  
Theoretical Generalization ◽  
The Subject ◽  
Points Of View ◽  
True Knowledge

The subject of publication is the theoretical generalization of the philosophical foundations of fundamental scientific research (FSR). The stages of institutionalization of attitude to the FSR are considered, from the stage of critical discussion of the conditions for obtaining true knowledge of the Hellenistic period to the developed system of teaching about the transcendental logic of Kant and Hegel’s logical teaching about being, essence and concept in the context of fundamental scientific research. The methodology is based on generalization of the most radical points of view and approaches of representatives of different philosophical schools and research programs to clarify the essence and ways of FSR. The causes and gnoseological origins of the FSR scientific method change to the modern form of the method of verification toleration of scientific theories of post-positivism and metapositivism (Popper, Lakatos, Kuhn, Feyerabend) are described. As a result of the study, it was concluded that the period of radical rethinking of the classical paradigm of fundamental theoretical research, which is set out in the teachings of researchers of the ancient period, the New Time, classical German, Marxist philosophy, has started. Instead of the deterministic method of scientific thinking, the verification logic of substantiation of the process of generating new knowledge (line Descartes&Pascal), the method of verification toleration/refutation of Popper is adopted by scientists. At the same time, the justification for the truth of the FSR is based on the development of Descartes’ teachings about the method. The applied result of the practical application of the Popper’s concept in the field of FSR implementation is a deliberately probabilized style of scientific cognition, the principle of verifying the intermediate interpretation of the truth, updating practical approaches to demarcation procedures, justifying the partial and permissible value of scientific theories as “points of invariability” in the continuum of continuous inaccuracy and uncertainty (Hume/Berkeley vs. Bacon/Newton line).

COGNITIVIZATION — THE NEXT STAGE OF INFORMATIZATION OF EDUCATION

2018 ◽  
pp. 5-11
Author(s):  
A. S. Christochevskaya ◽  
S. A. Christochevsky
Keyword(s):  
Comparative Analysis ◽  
Learning Resources ◽  
Technical Base ◽  
Initial Stage ◽  
New Knowledge ◽  
Good Material ◽  
E Learning ◽  
New Material ◽  
High Level ◽  
Paper Method

Informatization of education has been going on for 30 years. During this time, a good material and technical base appeared in schools, there are repositories of e-learning resources to which teachers have access. However, it is difficult to use these e-learning resources due to their too large number and not always high level. It is advisable to introduce a system of reviews and recommendations, to conduct a comparative analysis, as well as to make reviews of resources on a particular subject/topic. In addition, the demand for e-learning resources is affected by the fact that education authorities encourage not so much the use of e-learning resources as their development by the teacher himself. In general, the load on teachers has increased instead of the promised saving of time and effort when using the e-learning resources. At the same time, many e-learning resources are not very effective, since they do not meet the requirements of cognitiveness (they contribute not to learning, but to simple memorization of the material). It is necessary to explore the process of learning new material: this will allow you to create cognitive e-learning resources and other resources that would help you with equal probability to successfully acquire new knowledge for students belonging to different psycho-types. At the initial stage of the study of any subject, it is more expedient to use the usual “paper” method, that is, a textbook and not overload the student’s brain with excessive information. Only when he has mastered the basic provisions, we can turn to e-learning resources, bearing in mind that they must be cognitive, that is, they are aimed at logical perception and rapid intuitive learning, only in this case e-learning resources can be considered effective. The conclusion is formulated that cognitiveness is the next stage of informatization of education after the stage of electronization.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

Spectacular Science, Technology and Superstition in the Age of Shakespeare

2017 ◽  
Keyword(s):  
Early Modern ◽  
Modern Science ◽  
Renaissance Literature ◽  
Science And Literature ◽  
Early Modern Science ◽  
Dialectical Approach ◽  
Science Technology ◽  
The Subject ◽  
Modern Perspective

Back in the late 1950s, C.P. Snow famously defined science negatively by separating it from what it was not, namely literature. Such polarization, however, creates more problems than it solves. By contrast, the two co-editors of the book have adopted a dialectical approach to the subject, and to the numerous readers who keep asking themselves “what is science?”, we provide an answer from an early modern perspective, whereby “science” actually includes such various intellectual pursuits as history, poetry, occultism, or philosophy. Each essay illustrates one particular aspect of Shakespeare’s works and links science with the promise of the spectacular. This volume aims at bridging the gap between Renaissance literature and early modern science, focusing as it does on a complex intellectual territory, situated at the point of juncture between humanism, natural magic and craftsmanship. We assume that science and literature constantly interacted with one another, making clear the fact that what we now call “literature” and what we choose to see as “science” were not clearly separated in Shakespeare’s days but rather part of a common intellectual territory.

Psychological barriers of the initial stage of professional activity of the self–employed

2020 ◽  
Author(s):  
Ekaterina Galkina ◽  
Keyword(s):  
Individual Case ◽  
Professional Culture ◽  
The Self ◽  
Entrepreneurial Activity ◽  
Professional Activity ◽  
Interpretive Phenomenology ◽  
Financial Responsibility ◽  
Psychological Barriers ◽  
Initial Stage ◽  
The Subject

The problem of the study is that it is not sufficiently studied what psychological barriers people face at the initial stage of professional activity as self-employed. The aim of the study is to study the features of psychological barriers at the initial stage of professional activity of self-employed people. Research hypothesis: at the initial stage of professional activity as self-employed people face psychological barriers in the organizational and creative areas of entrepreneurial activity. The problem of psychological barriers was considered in their works by S. Rubinstein, N. Podymov, I. Pavlov, R. Shakurov and others. The article formulates particular definitions of the main concepts. Methodology: analysis of an individual case using interviews with processing in the framework of interpretive phenomenology. Respondent: female, 34 years old, self-employed as a psychologist for 1 year. Results: psychological barrier of accepting financial responsibility, barrier of adherence to a certain professional culture, barrier of competence in the profession. Certain psychological barriers can arise in connection with certain underlying medical conditions. The conclusions are that psychological barriers are a complex mental education, can be overcome in stages, and motivation of the subject is important for overcoming barriers.

PHILOSOPHICAL PROPAEDEUTICS IN THE SYSTEM OF PRESCHOOL EDUCATION

2020 ◽  
Vol 22 (11) ◽  
pp. 11-15
Author(s):  
Gan N.Yu. ◽  
Ponomareva L.I. ◽  
Obukhova K.A.
Keyword(s):  
Modern Science ◽  
Preschool Education ◽  
Modern Society ◽  
Social Relevance ◽  
The Social ◽  
Moral Problems ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
And Training

Today, worldview, spiritual and moral problems that have always been reflected in education and upbringing come to the fore in society. In this situation, there is a demand for philosophical categories. One of the priority goals of education in modern conditions is the formation of a reasonable, reflexive person who is able to analyze their actions and the actions of other people. Modern science is characterized by an understanding of the absolute value and significance of childhood in the development of the individual, which implies the need for its multilateral study. In the conditions of democratization of all spheres of life, the child ceases to be a passive object of education and training, and becomes an active carrier of their own meanings of being and the subject of world creation. One of the realities of childhood is philosophizing, so it is extremely timely to address the identification of its place and role in the world of childhood. Children's philosophizing is extremely poorly studied, although the need for its analysis is becoming more obvious. Children's philosophizing is one of the forms of philosophical reflection, which has its own qualitative specificity, on the one hand, and commonality with all other forms of philosophizing, on the other. The social relevance of the proposed research lies in the fact that children's philosophizing can be considered as an intellectual indicator of a child's socialization, since the process of reflection involves the adoption and development of culture. Modern society, in contrast to the traditional one, is ready to "accept" a philosophizing child, which means that it is necessary to determine the main characteristics and conditions of children's philosophizing.

A. Rudalyov. 4 shots (A. Zhuchkova)

2019 ◽  
pp. 272-277
Author(s):  
Anna V. Zhuchkova
Keyword(s):  
Russian Literature ◽  
Theoretical Research ◽  
New Realism ◽  
The Press ◽  
The Subject

The review considers A. Rudalyov’s book 4 Shots [ 4 vystrela ], devoted to the ‘new realism’, a trend in 2000s Russian literature, and more specifically, works of four ‘new realists’: Z. Prilepin, R. Senchin, S. Shargunov, and G. Sadulaev. The reviewer criticizes the author for an incomplete and biased presentation of ‘new realism’, which had been a focus of intense discussions among literary critics and scholars for over a decade. The same flaw blights the descriptions of the four chapters’ respective protagonists: Prilepin, Senchin, Shargunov, and Sadulaev. Rudalyov ended up writing a panegyric, albeit with very sparse language, mainly by repetition of flattering epithets from the press. He failed, however, to address the discussion of the ‘new realism’ by critics or supply a review of literary theoretical research on the subject. Therefore, the reviewer finds the book lacking in any historical-literary and philological value.

The Common Law in Australia: Its Nature and Constitutional Significance

2004 ◽  
Vol 32 (3) ◽  
pp. 337-355 ◽  
Author(s):  
Leslie Zines
Keyword(s):  
Public Policy ◽  
Common Law ◽  
Public Law ◽  
Federal Law ◽  
Contemporary Debate ◽  
Policy Paper ◽  
Law And Policy ◽  
National University ◽  
The Subject ◽  
The Common

This article originally was published as a Law and Policy Paper. The Law and Policy Papers series was established in 1994 by the Centre for International and Public Law in the Faculty of Law, the Australian National University. The series publishes papers contributing to understanding and discussion on matters relating to law and public policy, especially those that are the subject of contemporary debate. In 1999 the papers were published jointly by the Centre for International and Public Law and The Federation Press. This article is reproduced in the Federal Law Review with the permission of the original publishers.

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