scholarly journals Legal thinking in the context of linear and cyclical politogenesis

2020 ◽  
Vol 6 (3) ◽  
pp. 15-22
Author(s):  
Roman Anatolevich Romashov
Keyword(s):  
Legal Status ◽  
Social Systems ◽  
Wave Theory ◽  
Modern World ◽  
Historical Time ◽  
Legal Thinking ◽  
The Will ◽  
Historical Cycles ◽  
Measurement And Evaluation ◽  
Definition Of

On the basis of a refined definition of legal thinking, its features are determined in relation to socio-historical time and national culture. It is proposed to perceive this phenomenon as a specific mental process of modeling laws of law-making and law-realization activities carried out within the framework of national and international legal cultures and based on axiomatic factors characteristic of these cultures. The specificity of perception of political genesis within a linear and cyclical history is shown. The ratio of circular and spiral development cycles is considered, with emphasis on the wave theory of social development of E. Toffler. Based on the provisions of this theory, a hypothesis of pluralistic multicultural legal thinking is constructed, which presupposes an equal, free dialogue between representatives of various social systems that coexist in modern times, but are in dichronic sociohistorical times. Being capable of moving from one social system to another, carriers of various types of legal thinking, thereby demonstrating their ability to travel not only in space, but also in socio-historical time, adaptation to which occurs in relative independence from the will of states, as well as from national traditions. Analyzed structural and substantive features of legal thinking in the context of changing socio-historical cycles (waves). It is noted that linear and cyclical legal thinking cannot exist in isolation from each other. However, representing different perspectives of the perception of legal reality, the models in question act as parallel planes, each of which sets its own parameters of perception, measurement, and evaluation of the state and law. The modern world, having ceased to be bipolar, is becoming multicultural. At the same time, the recognition of a person, his rights and freedoms as a universal global legal value means that any person, regardless of his social and legal status, is a valuable legal phenomenon a subject of law.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

scholarly journals Combating Exploitation of Refugee Children in the Changing World Order

Migration law ◽  
2020 ◽  
Vol 4 ◽  
pp. 33-36
Author(s):  
Sergey E. Smirnykh ◽  
Keyword(s):  
Legal Status ◽  
Family Members ◽  
World Order ◽  
Living Conditions ◽  
Refugee Children ◽  
Modern World ◽  
Employment Opportunities ◽  
Low Levels ◽  
Definition Of ◽  
Changing World

The article is devoted to studying various aspects of exploitation of refugee children in the modern changing world order. The definition of the notion of refugee children and the reasons for the increase in their number as well as the directions for improving their legal status are considered. It is noted that in the modern world refugee children are subjected to various forms of exploitation as well as physical, mental and emotional violence. The perpetrators include parents and other family members and caregivers, teachers, employers, peers and others. The vulnerability of refugee children is exploited and depends on factors such as low levels of education, lack of employment opportunities, disability or poor living conditions.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

¿Quién soy yo? Reflexiones teórico sistémicas acerca de la indentidad individual

2017 ◽  
Vol 1 (1) ◽  
pp. 15-31
Author(s):  
Francisco Xavier Morales
Keyword(s):  
Identity Construction ◽  
Social Systems ◽  
Social Contexts ◽  
Individual Identity ◽  
Contemporary Society ◽  
Self Identity ◽  
Moral Communication ◽  
Identity Based ◽  
Definition Of ◽  
The Individual

The problem of identity is an issue of contemporary society that is not only expressed in daily life concerns but also in discourses of politics and social movements. Nevertheless, the I and the needs of self-fulfillment usually are taken for granted. This paper offers thoughts regarding individual identity based on Niklas Luhmann’s systems theory. From this perspective, identity is not observed as a thing or as a subject, but rather as a “selfillusion” of a system of consciousness, which differentiates itself from the world, event after event, in a contingent way. As concerns the definition  of contents of self-identity, the structures of social systems define who is a person, how he or she should act, and how much esteem he or she should receive. These structures are adopted by consciousness as its own identity structures; however, some social contexts are more relevant for self-identity construction than others. Moral communication increases the probability that structure appropriation takes place, since the emotional element of identity is linked to the esteem/misesteem received by the individual from the interactions in which he or she participates.

MONARCHS, TRAVELLERS AND EMPIRE IN THE PACIFIC'S AGE OF REVOLUTIONS

2020 ◽  
Vol 30 ◽  
pp. 77-96
Author(s):  
Sujit Sivasundaram
Keyword(s):  
Pacific Islanders ◽  
Modern World ◽  
Global History ◽  
The Past ◽  
The Pacific ◽  
Cultural Terms ◽  
The Pacific Ocean ◽  
Definition Of ◽  
The Uk ◽  
A Site

AbstractThe Pacific has often been invisible in global histories written in the UK. Yet it has consistently been a site for contemplating the past and the future, even among Britons cast on its shores. In this lecture, I reconsider a critical moment of globalisation and empire, the ‘age of revolutions’ at the end of the eighteenth century and the start of the nineteenth century, by journeying with European voyagers to the Pacific Ocean. The lecture will point to what this age meant for Pacific islanders, in social, political and cultural terms. It works with a definition of the Pacific's age of revolutions as a surge of indigeneity met by a counter-revolutionary imperialism. What was involved in undertaking a European voyage changed in this era, even as one important expedition was interrupted by news from revolutionary Europe. Yet more fundamentally vocabularies and practices of monarchy were consolidated by islanders across the Pacific. This was followed by the outworkings of counter-revolutionary imperialism through agreements of alliance and alleged cessation. Such an argument allows me, for instance, to place the 1806 wreck of the Port-au-Prince within the Pacific's age of revolutions. This was an English ship used to raid French and Spanish targets in the Pacific, but which was stripped of its guns, iron, gunpowder and carronades by Tongans. To chart the trajectory from revolution and islander agency on to violence and empire is to appreciate the unsettled paths that gave rise to our modern world. This view foregrounds people who inhabited and travelled through the earth's oceanic frontiers. It is a global history from a specific place in the oceanic south, on the opposite side of the planet to Europe.

scholarly journals Embryoid research calls for reassessment of legal regulations

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Markus Hengstschläger ◽  
Margit Rosner
Keyword(s):  
Stem Cells ◽  
Embryonic Stem Cells ◽  
Human Embryonic Stem Cells ◽  
Legal Status ◽  
Embryonic Stem ◽  
Basic Research ◽  
Human Embryos ◽  
Human Being ◽  
Legal Regulations ◽  
Definition Of

AbstractIt is known that in countries, in which basic research on human embryos is in fact prohibited by law, working with imported human embryonic stem cells (hESCs) can still be permitted. As long as hESCs are not capable of development into a complete human being, it might be the case that they do not fulfill all criteria of the local definition of an embryo. Recent research demonstrates that hESCs can be developed into entities, called embryoids, which increasingly could come closer to actual human embryos in future. By discussing the Austrian situation, we want to highlight that current embryoid research could affect the prevailing opinion on the legal status of work with hESCs and therefore calls for reassessment of the regulations in all countries with comparable definitions of the embryo.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

Theory of states multilateral interaction on the example of BRICS activities

2021 ◽  
pp. 590-601
Author(s):  
Babek R. Asadov ◽  
Vladimir A. Gavrilenko ◽  
Stanislav B. Nemchenko
Keyword(s):  
Legal Status ◽  
World Order ◽  
World Politics ◽  
Modern World ◽  
Joint Policy ◽  
Common Interests ◽  
Legal Space ◽  
Object Of Study ◽  
World Development ◽  
Rela Tions

The object of study is the BRICS activities as a special format of multilateral interaction between states. We consider the theory of above-mentioned interaction and cooperation of countries, which are expressed in the implementation of a joint policy on a number of issues. The evolution of BRICS and its unification in the international legal space contributes to ob-servance of common interests and views of BRICS participants on the prob-lems of modern international relations, reflects the objective trends of world development and the formation of a multipolar system of international rela-tions, ensures the interests of individual major state actors in broad interna-tional integration. The relevance of the issues under study lies in the fact that individual features of the international legal status of BRICS are investigated, which make it possible to effectively influence the challenges of modern world. The legal status of BRICS is fundamentally different from traditional legal approaches to international organizations and acting as a special subject of world politics, creating the most trusting conditions for interaction, BRICS focuses on other principles of world order within the framework of a new model of global relations.

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

PATENT PROTECTION OF SCIENTIFIC RESULTS AND ARTIFICIAL INTELLIGENCE: PROBLEMS AND CHALLENGES

2020 ◽  
pp. 36-43
Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  
Keyword(s):  
Artificial Intelligence ◽  
Patent Protection ◽  
Legal Status ◽  
Legal Regulation ◽  
Scientific Activity ◽  
Foreign Law ◽  
Scientific Results ◽  
Will Force ◽  
Definition Of ◽  
Artificial Intelligence Systems

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.

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