scholarly journals A few words about the Constitution: philosophers are denied

2020 ◽  
Vol 7 (2) ◽  
pp. 15-21
Author(s):  
Evgeniy A. Popov ◽  
Natalya A. Sterlyadeva
Keyword(s):  
Social Relations ◽  
The State ◽  
Russian Society ◽  
Traditional Values ◽  
Legal Doctrine ◽  
Basic Law ◽  
Global Constitutionalism ◽  
The Law ◽  
Interdisciplinary Interaction ◽  
Legal Concepts

The article reveals the possibilities of cooperation between philosophers and lawyers in various interpretations of the Constitution as the basic law of the state and constitutionalism as aphilosophical and legal doctrine. The authors address the complex issues of interpretation of legal concepts, as well as the experience of philosophical reflection in the consideration of legal phenomena and processes. For this purpose, in particular, dissertations devoted to global constitutionalism and the Constitution of Russia as afactor of preservation of traditional values and norms of the Russian society are analyzed. The authors of the article emphasize that both theses were not supported by the Higher Attestation Commission, but they can be regarded as anew scientific direction in the interdisciplinary interaction of philosophy and law. The authors explore the Constitution and constitutionalism in aphilosophical way: not as normative legal acts, but as sociocultural phenomena, the development of which is associated withthe traditions and customs of culture, ideology, and philosophy of the state and statehood. The problem of narrow places of understanding of constitutional meanings is indicated in the material. This problem can be solved only in cooperation of various fields of knowledge, philosophical and legal first and foremost. Such interaction has some advantages: 1) it allows one to identify the dominant value in the regulation of social relations; 2) it minimizes the effects of errors in the interpretation of specific rules of law and improving the law enforcement practice;3) it provides an empirical experience understanding of the law; 4) it reveals the features of legal life and society through the prism of axiologicalnormative system of culture, etc. Thus, the article focuses on the significant theoretical and methodological role of philosophical knowledge in the reinterpretation of constitutional meanings.

scholarly journals LEGISLATIVE ACTIVITY OF THE STATE AS A SYSTEM

2021 ◽  
pp. 156-163
Author(s):  
А.Г. Хабибулин ◽  
К.Р. Мурсалимов
Keyword(s):  
Social Relations ◽  
The State ◽  
Forming Process ◽  
Legal Doctrine ◽  
State Determination ◽  
Legislative Activity ◽  
Russian Law ◽  
The Law

Цель: характеристика системы правообразующей деятельности государства, определение элементного состава правообразующей деятельности государства. Методы: деятельностный и системный подходы в целях проведения функциональной характеристики правообразующей деятельности государства и выделения ее системы. Результаты: определена система правообразующей деятельности государства, выявлены основные тенденции современного правообразующего процесса, показана необходимость изменения инструментария правообразующего процесса. Выводы: интенсификация развития общественных отношений обусловливает появление новых юридических инструментов, в качестве которых следует рассматривать правовой прецедент и юридическую доктрину; сложилась потребность в изменении системы источников российского права, а также качественное и количественное расширение системы права. Purpose: characterization of the system of the legal-forming activity of the state, determination of the elemental composition of the legal-forming activity of the state. Methods: activity-based and systematic approaches in order to carry out the functional characteristics of the law-forming activity of the state and highlight its system. Results: the system of the law-forming activity of the state was determined, the main tendencies of the modern law-forming process were revealed, the need to change the tools of the law-forming process was shown. Conclusions: the intensification of the development of social relations leads to the emergence of new legal instruments, which should be considered a legal precedent and legal doctrine; there was a need to change the system of sources of Russian law, as well as a qualitative and quantitative expansion of the system of law.

scholarly journals The positive legal uncertainty as a technical and legal method of exposition of law

2021 ◽  
Vol 21 (4) ◽  
pp. 437-444
Author(s):  
Ekaterina Yu. Arkhipova ◽  
Keyword(s):  
Social Relations ◽  
Self Regulation ◽  
Historical Analysis ◽  
Legal Regulation ◽  
Russian Society ◽  
Legal Method ◽  
Legal Uncertainty ◽  
The Law ◽  
Market Relations ◽  
Law Making

Introduction. In modern Russian society with high rates of development of market relations, digitalization of the main spheres of life, popularization of the ideas of self-organization and self-regulation, legal uncertainty acts as a bipolar phenomenon, which is not only a consequence of law-making errors, but an effective technical and legal way of presenting regulations. Theoretical analysis. The historical analysis of the formation and development of ideas of certainty and uncertainty in jurisprudence showed that these categories are considered as universal phenomena characteristic of any matter. It was established that absolute certainty is unattainable and not always in demand, while legal uncertainty is inherent in the very nature of law. Еmpirical analysis. It was revealed that the need to ensure mobility and flexibility of legal regulation imposes the task of a reasonable use of legal uncertainty as a technical and legal way of presenting law on the law-making subject, which is reflected in the current legislation. Results. Legal uncertainty is an objective and inevitable phenomenon, and the total regulation of social relations is not always justified. The law is being improved on the basis of the principle of transition from the casuistic to the abstract, which proves its universality.

scholarly journals Problems of defining legal concepts in laws and other normative legal acts

Legal Ukraine ◽  
2020 ◽  
pp. 30-41
Author(s):  
Volodymyr Klochkov
Keyword(s):  
The State ◽  
Legal Concept ◽  
Legal Norms ◽  
Legal Nature ◽  
State And Society ◽  
Word Representation ◽  
The Law ◽  
Definition Of ◽  
Legal Concepts ◽  
Laws And Regulations

Each legal concept has not only content (content), but also a form. The form requires compliance with the rules for the definition and construction of concepts. Improving legal terminology is impossible without deep development and observance of the rules of analysis and the precise construction of the conceptual apparatus. Gaps in legislation and regulations are derived from inaccuracy, lack of clarity and simplicity of conceptual constructions. The inconsistency of certain legal norms found in various laws and regulatory legal acts, the inconsistency of norms with the prevailing realities of legal life in the state and society impede the fulfillment by state authorities, including law enforcement, of their functional responsibilities. Mistakes made in the preparation of draft laws and regulations, methodological recommendations mainly boil down to the violation of the requirements of the unified laws of logic: the law of identity, the law of contradiction, the law of the excluded third and the law of sufficient reason. The use of inappropriate terminology causes complications in the application of legal norms. The Constitution of Ukraine assigns to the prosecutor the function of representing the interests of a citizen or state in court in cases specified by law. The term representation is not exactly chosen. The word "representation" means: the performance of the duties of a representative; an institution representing the interests of someone; elections, as well as the law, the procedure for the election of representatives to any bodies; representation is a legal relationship in which one party (representative) is obligated or entitled to make a transaction on behalf of the other party that it represents; representation means activity on behalf of someone, on behalf of a person. By its legal nature, a representative can only be authorized for transactions that the person he represents is entitled to carry out. The representation of the prosecutor's office in court is specific, since this body does not need instructions, contracts or other documents. The prosecutor or his deputy should act not on behalf of someone, but on behalf of the state in favor of the person and citizen, state or society, within the limits established by law. In the legislation there is a conflict (conflict) in the law regarding the term «representation». To eliminate such a conflict, it is necessary to amend the Law of Ukraine «On the Prosecutor's Office». Key words: definition of concepts, laws and regulations, accuracy, clarity, brevity of terms.

Outposts of the Law: The Frontier and the Civil-Law Fringe

2019 ◽  
pp. 127-146
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Civil Law ◽  
The State ◽  
American Frontier ◽  
Northwest Ordinance ◽  
Basic Law ◽  
The Future ◽  
History Of ◽  
The Law ◽  
New Nation

This chapter discusses the history of American frontier law. The new nation faced the problem of how to deal with the western lands. Some of the states had huge, vague, and vast claims to chunks of western land, stretching out far beyond the pale of settlement; other states did not. The Ordinance of 1787 dealt with the issue of governance and the future of the western lands. It set basic law for a huge area of forest and plain that became the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1790 extended the influence of the Northwest Ordinance into what became the state of Tennessee.

scholarly journals The Rights Of The Constitutional Court's Decision On The House Of Representatives 'Representatives About The President's Prospective And / Or The President's Vice Representatives According To The State Basic Law Of The Republic Of Indonesia Year 1945

2019 ◽  
Author(s):  
Fahri Bachmid ◽  
Said Sampara ◽  
La Ode Husen
Keyword(s):  
House Of Representatives ◽  
Vice President ◽  
The State ◽  
Political Institution ◽  
Vocational School ◽  
Constitutional Court ◽  
Basic Law ◽  
The Law ◽  
The Republic ◽  
Legislative Assembly

This study examined the rights of the constutional court’s decision on the house of representative’s representatives about on the president prospective and/ or the president’s vice private vocational school by the state basic state of the Republic of Indonesia year 1945. The purpose of this study is to find out the mechanism of the Constitutional Court in examining, adjudicating and deciding the opinion of the People's Legislative Assembly that the President and / or Vice President have violated the law in the form of treason against the state, corruption, bribery, other serious criminal acts, disgraceful acts, and / or the opinion that the president and / or the vice president no longer meets the requirements as President and / or Vice President. And also To find out the decision of the Constitutional Court as a binding judicial institution on the opinion of the House of Representatives followed up by the MPR as a political institution that the President and / or Vice President has violated the law in the form of treason, corruption, bribery, other serious crimes, disgraceful acts and / or the opinion that the president and / or vice president no longer fulfill the requirements as President and / or Vice President.

scholarly journals A Humanistic Phylosophical Analysis on Women Existence in the Fiqh of Syafii

ULUMUNA ◽  
2015 ◽  
Vol 19 (1) ◽  
pp. 33-58
Author(s):  
Iffatin Nur
Keyword(s):  
Social Relations ◽  
Religious Conversion ◽  
The State ◽  
Philosophical Analysis ◽  
Women Empowerment ◽  
State Law ◽  
Economic Issues ◽  
The Law ◽  
Marriage Laws ◽  
New View

In the fiqh of Shāfi‘ī, a humanistic philosophical analysis on women existence is given serious attention, particularly in his investigation on the matters of women. It is very vivid in his magnum opuses entitled al-Umm (The Mother), al-Risālah fi Us\ūl al-Fiqh and his periodicals qawl qadīm (old view) and qawl jadīd (new view). This article seeks to provide thorough analysis on the women empowerment through humanistic values from methodological and legal products aspects generated by Shāfi‘ī. In the aspect of methodology (us\ūl fiqh), the use of qiyās (analogy) is an indication of the humanistic value in the development of the mas\lah\ah\ (beneficial) principles. The legal products aspect can be explored through the following three classifications. Firstly, humanistic values of women in the law regarding the properties. Secondly, the humanistic values of women in the state law on economic issues related to religious conversion and social relations in political settings. Thirdly, the humanistic values of women in the marriage laws. DOI: http://dx.doi.org/10.20414/ujis.v19i1.1249

scholarly journals Cultural Potential of the Social Structure of Russian Society: Definition of the Problem

2020 ◽  
pp. 19-32
Author(s):  
Arkadyi L. Marshak ◽  
Keyword(s):  
Social Structure ◽  
Present State ◽  
Social Relations ◽  
Social Research ◽  
Research Data ◽  
The State ◽  
Russian Society ◽  
The Social ◽  
Definition Of

The article analyses the present state of culture in Russia, its multilevel content. It shows the influence of different layers of society on the state and development of the present social structure. Based on perennial research data collected with participation of the author, sociocultural models of social relations and their influence on the cultural potential of the social structure are described. The article emphasizes the necessity of multilevel social research of the cultural potential of Russian society. The main directions of theoretical, methodological and empirical program of such research are formulated.

scholarly journals Islam-osmanli state law in Serbia

2006 ◽  
pp. 271-286
Author(s):  
Miroljub Jevtic
Keyword(s):  
Social Relations ◽  
The State ◽  
Legal Order ◽  
Point Of View ◽  
State Law ◽  
Normal Functioning ◽  
Basic Goal ◽  
The Law ◽  
The Moment ◽  
State Functions

Every state functions through its legal order and that legal order shows the nature of every state. From that point of view, the nature of the state and the authority which functioned in the regions of the Serbian lands from the moment of the Osmanli conquests till the end of that rule was best reflected through the law which regulated social relations. If one views the state which ruled in the regions of the Serbian lands in that way, one can clearly state that it, in its nature, had the basic goal to realize Islamic doctrine. All legal acts which the administration in Constantinople passed to ensure its normal functioning had the Islamic character. As most of these acts had been created long before the birth of the Osmanli state, they cannot be called Osmanli, because they were not such by their origin or their essence. It is specially important that their intention was not to maintain the Turkish national idea, as it could be concluded from a large number of historical syntheses which discuss that part of our history, but the triumph of Islam. Therefore, it is most correct to call that law Islamic-Osmanli law because its largest part had been created before the appearance of the Osmanli state and had as a goal the triumph of Islam; it is an Osmanli law because it was implemented in the territories ruled by the Osmanli dynasty.

Russian Society and the Three Decades of National Parliamentarism

2018 ◽  
Vol 42 ◽  
pp. 38-49
Author(s):  
Alexey V. Makarkin
Keyword(s):  
Public Opinion ◽  
Family Health ◽  
The State ◽  
The Political ◽  
Russian Society ◽  
Social Phenomenon ◽  
Russian People ◽  
The Law ◽  
State Of Affairs ◽  
Vladimir Putin

The Russian Parliament is often considered to be an unpopular authority, though on closer examination it becomes evident that the situation is more complicated than it could seem at first glance. The popularity of State Duma during the presidency of Vladimir Putin is really inferior to the popularity of the President, still the attitude to the State Duma as the instrument of power depends greatly on the actual political state of affairs and the state of public opinion, and has changed in different times. At the same time the reaction of the society to the lawmaking process may be of more fundamental character. The conservative style of behavior of the Russian people in recent years has substantially changed their attitude to the law, and can be viewed as an important new factor of public opinion. We could speak about such social phenomenon as “new conservatism” that is more related to the style of life than to the political choice, when this style is targeted to the “normality” demonstrated in the concern for the personal and family health and welfare, and respect for the law, even if the law is not perfect, as the necessary tool for the defense of the citizen’s interests. Such conservatism favors the growth of the “Yedinaya Rossia” (“United Russia”) party rating, but doesn’t exclude the possibility of those conservatives voting for non-conservative parties, depending on the sympathies and current political challenges.

Rechtsbrüche

2019 ◽  
Keyword(s):  
Welfare State ◽  
19Th Century ◽  
The State ◽  
The Political ◽  
Political Society ◽  
90Th Birthday ◽  
Authoritarian State ◽  
Basic Law ◽  
The Law ◽  
The 19Th Century

‘The legal world finds itself in a state of self-imposed immaturity.’ This was Rudolf Wiethölter’s assessment in 1968, which reflected his discomfort with the law. What help could the political society at that time, which wanted to implement democracy earnestly, expect from a form of law which was influenced by the authoritarian state of the 19th century? It was not possible to make the law relevant to the present and to understand it with other theories using the 19th century ideal of the ‘Juristen als solchen’, the jurist who focuses solely on applying the letter of the law rather than taking extra legal matters into account. The law needed to be clarified, with society needing to know what its rights were and with the law itself needing to understand itself. What about the situation today? Has Germany, as a democratic constitutional and welfare state founded on its Basic Law, come to understand itself in terms of the law? How can the law open up access to politics? What is the state of critical jurisprudence? On the occasion of Rudolf Wiethölter’s 90th birthday, the appraisals of his concepts conducted by the contributions in this book avoid the cosiness and sentimentality adopted by most Festschriften by consistently focusing on his key works and re-evaluating them according to circumstances today, which makes clear that explaining the law requires a reconstruction of its promises and disappointments. Only then can the law understand why breaches of the law by reality can further its own development.

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