scholarly journals Principles of Positivist Jurisprudence in the Teachings of Warsaw Lawyers of the First Third of the XIX Century

2021 ◽  
pp. 113-129
Author(s):  
Oleksiy Kresin
Keyword(s):  
A Priori ◽  
Society Of Friends ◽  
Central European ◽  
The Core ◽  
Legal Thought ◽  
Positive Law ◽  
Legal Science ◽  
The Subject ◽  
Xix Century ◽  
The University

The article is devoted to the extremely rich and insufficiently studied heritage of Polish legal thought. The political and geographical determinants of the chosen research topic are the restoration of statehood in central Polish lands in 1807 (Duchy of Warsaw and the Kingdom of Poland) and the defeat of the November Uprising (1830-1831) followed by measures taken by the Russian authorities to limit the autonomy of the Kingdom of Poland. The intellectual milestones are the founding of the School of Law in 1807 (later the Faculty of Law of the University of Warsaw), and the closure of the University of Warsaw in 1831, as well as the significant emigration of scientists in the same year and the liquidation of the Society of Friends of Science in 1832. The intellectual milestones are also European (and first of all Central European) processes of legal thought evolution in the second half of the XVIII – first third of the XIX century, which led to the formation of the first and still insufficiently understood and studied positivism in jurisprudence, being a profound phenomenon that reveals the essence of positivism in legal thought in general. The study found that the basic principle of jurisprudence in the vision of most Warsaw scholars during the study period was its independence from a priori and metaphysical philosophizing, and vice versa, the formation of its own philosophical and legal discourse (philosophy of positive law) based on generalization and understanding of research results. It was recognized that legal science should be a fundamentally new system of legal knowledge – positivist and social. Recognizing the historical and modern pluralism of such an organization of knowledge, Warsaw scholars have unequivocally identified themselves with the Central European jurisprudence, the core of which is the German. Warsaw scholars believed that jurisprudence was based on historical, dogmatic and philosophical approaches. Accordingly, they considered three relatively separate areas of scientific knowledge, which together can be considered as a single legal science or a system of interrelated legal sciences. Depending on the emphasis in the views of scholars on the fundamental or applied side of legal science, this system was seen differently, as well as the subject of jurisprudence – universal or more national. It can be argued that this to some extent correlated with the predominance in the views of certain scholars of the principles of historical-philosophical or historical schools.

scholarly journals Science of the encyclopedia of law in the writings of German jurist Daniel Nettelbladt

2020 ◽  
pp. 76-84
Author(s):  
Oleg Konstantinovich Slobozhaninov
Keyword(s):  
German Idealism ◽  
Legal Concept ◽  
Theoretical Concepts ◽  
Historical School ◽  
The Core ◽  
Legal Science ◽  
Comprehensive Examination ◽  
The Subject ◽  
The Concept Of Law ◽  
Core Idea

 The subject of this research is the identification of legal views of the German jurist Daniel Nettelbladt – a bright representative of science of the encyclopedia of law at the stage of its conception as a science. The source base is comprised of the works of D. Nettelbladt and scientific writings of other legal scholars. The historical legal science does not pay due attention to the ideas and persona of Daniel Nettelbladt. Although, the Russian legal science lacks the monographic research of the political-legal concept of D. Nettelbladt, his scientific writings became the foundation for the Russian and German jurisprudence of the mid XVIII – first quarter of the XIX centuries, until the beginning of the triumph of German idealism (Kant, Hegel) and historical school of law (Hugo, Puchta, Savigny). The scientific novelty is substantiated by the subject and methods of research. The works of Daniel Nettelbladt have not been previously subjected to systemic and comprehensive examination, but his ideas and concepts retain their relevance. The core idea of Daniel Nettelbladt’s encyclopedia of law consists in interpretation of science as a natural law from the rationalistic perspective. He introduced the original theoretical concepts. The author examines the concept of law, jurisprudence, legal system in the context of scholar’s perception. The significance of D. Nettelbladt’s persona and contribution to the development of science of the encyclopedia of law is underlined.

scholarly journals Legal Theology: The Turn to Conceptualism in Nineteenth-Century Jewish Law

2006 ◽  
Vol 21 (1) ◽  
pp. 39-100 ◽  
Author(s):  
Chaim Saiman
Keyword(s):  
Nineteenth Century ◽  
Formal Methods ◽  
Law School ◽  
Jewish Law ◽  
Legal Analysis ◽  
The Core ◽  
Legal Thought ◽  
Legal Science ◽  
Legal Concepts ◽  
University Setting

The nineteenth century was the age of legal science. Across the globe, numerous cultures began to think of their law in terms of an interlocking system of internally coherent rules. While the details differ, these movements shared the belief that numerous legal propositions were held together by a small number of core legal concepts, and that correct decisions could be determined via formal methods of legal deduction and analysis. This mode of legal thought gave increased importance to legal concepts and analytic categories. Duncan Kennedy has termed this mode of legal analysis Classical Legal Thought.This restructuring of legal analysis brought about changes in the understanding of what the law is and how it should be studied. In its American variant, the ascendance of Classical Legal Thought is usually associated with Christopher C. Langdell's tenure as dean of Harvard's law school. Langdell created the modern law school by shifting legal training away from apprenticeship and moving it to a university setting where students were trained as legal scholars. Underlying the Langdellian moment is the assumption that law is comprised of analytic concepts which can be apolitically applied through a series of deductions made from the core legal principal.

Women Experiment with Theatre: Magdalena 86

1987 ◽  
Vol 3 (11) ◽  
pp. 224-234 ◽  
Author(s):  
Susan Bassnett
Keyword(s):  
Comparative Literature ◽  
Graduate School ◽  
International School ◽  
Female Role ◽  
The Core ◽  
The Subject ◽  
Experimental Theatre ◽  
The University

In the autumn of last year, two events took place which marked in very different ways the recognition that feminist thinking has affected theatre more profoundly than through the necessary logistics of job and role redistribution. In August, the first-ever festival of women in experimental theatre, known as Magdalena 86, took place in Cardiff. Then, in the following month, the International School of Theatre Anthropology devoted its congress in Holstebro, Denmark, to the subject of ‘The Female Role’ – a title we borrow for this short feature, in which Susan Bassnett. who teaches in the Graduate School of Comparative Literature at the University of Warwick, and has been a regular contributor both to NTQ and its predecessor, analyzes and evaluates these occasions in successive reports. The core paper presented at Holstebro by ISTA director Eugenio Barba, which discusses the balance between the qualities of ‘animus’ and ‘anima’ necessary to the actor's energy, ‘completes’ a feature which, in the questions it raises for further discussion, remains necessarily inconclusive.

scholarly journals The development of public self-organization in the Russian political and legal space on the example of the activity of Moscow Law Society (1865-1899)

2020 ◽  
pp. 52-64
Author(s):  
Valentina Omelaenko
Keyword(s):  
Legal Culture ◽  
Self Organization ◽  
Judicial Reform ◽  
Political Aspect ◽  
The Social ◽  
Legal Space ◽  
The Subject ◽  
Political Association ◽  
Xix Century ◽  
The University

The subject of this research is the activity of Moscow Law Society (1865-1899). Its work is demonstrated in legal and political aspect of the development of public self-organization in Russia in the late XIX century. Emphasis is made on the aspects of activity of the organization pertinent to sociopolitical problematic, development of legal culture, ideas and practices of legal state, as well as contribution of members of the society to the development of liberal movement. The author also analyzes publishing activity of the society, and collaboration with the county self-governance. It is demonstrated that over the time of its existence, Moscow Law Society walked the path from a coterie in the university, which main goal was the discussion of questions of judicial reform and law, to the social significant organization that turned into a political association. The testimony to that is the particular results achieved by the society, as well as the actions of authorities with regards to its closure.

scholarly journals Psychological legal realism of P. V. Delarov

2021 ◽  
pp. 20-34
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
Legal Realism ◽  
Legal Scholar ◽  
Psychological Concept ◽  
Legal Thought ◽  
Legal Science ◽  
Legal Literature ◽  
History Of ◽  
Methodological Principles ◽  
Xix Century ◽  
Scientific Worldview

The subject of this research is the works of the Russian legal scholar of the second half of the XIX century P. V. Delarov, better known to his contemporaries as a collector of antiques. Since the late 1870s he wrote several essays covering the fundamental and applied topics and problems of legal science and practice. His works are poorly studied within the framework of legal disciplines of historical and philosophical-legal profiles, however represent particular interest for the history of establishment of legal thought in Russia. This particular pertains to the author’s reference to the tasks on reforming legal science into psychology of law; renewing the theoretical-methodological principles and characteristics, which allowed the Russian legal scholar to resolve the fundamental contradictions in the area of cognition and interpretation of law, associated with idealistic or realistic arguments. The scientific novelty of this research lies in the following aspects: description and analysis of the legal views of P. V. Delarov, which were not been previously studied in the history of legal thought; substantiation of the conclusions that he formulated the first theoretically mature and developed psychological concept of law within the Russian legal literature; the concept of P. V. Delarov appeared much earlier than the psychological concept of L. I. Petrażycki;. Delarov’s concept in its essence represented a variety of realistic theories that rely on the tendency of “scientification” of jurisprudence within the framework of natural-scientific worldview of the XIX century. This article also presents other generalizations and explanations of P. V. Delarov's legal views, which allow introducing significant clarifications into understanding the processes of the emergence of psychological approaches towards law in the Russian and Foreign legal literature.

The Research and Practice of Innovative Training Methods on Computer and Related Majors

2012 ◽  
Vol 591-593 ◽  
pp. 2228-2231
Author(s):  
Zhian Yi ◽  
Juan Du ◽  
Tie Liang Liu
Keyword(s):  
Theoretical Foundation ◽  
University Education ◽  
Training Methods ◽  
Personnel Training ◽  
Training Experience ◽  
Research And Practice ◽  
The Core ◽  
The Subject ◽  
The Times ◽  
The University

Cultivating the students’ awareness and consciousness of the innovation is not only the needs of the times, but also one of the core works of the university education. In this research paper, according to the characteristics of computer and related majors, integrating with the northeast petroleum university of innovative personnel training experience, we come to the conclusion that in the first place, the student should lay a solid theoretical foundation, and then according to the students' abilities and interests ,we create a variety of ways to stimulate the students' innovative abilities, such as the activity of innovative experiment, the subject competition and the professional laboratory. Last but not least, we run school in alliance with many enterprises. With the joint efforts in many ways, our education will achieve sound and practicable development.

scholarly journals The science of encyclopedia of law in the Russian Empire for the period from XIX century to 1917

2020 ◽  
pp. 122-140
Author(s):  
Oleg Konstantinovich Slobozhaninov
Keyword(s):  
Modern Science ◽  
Russian Empire ◽  
Organic Unity ◽  
Legal Science ◽  
The Subject ◽  
The Russian Empire ◽  
Theory Of Law ◽  
Xix Century ◽  
Historical Methods ◽  
Further Development

This article attempts to define encyclopedia of law as a science developed in the Russian Empire over the period from XIX century to 1917. The author employs dialectical, formal-dogmatic, systemic, comparative-historical methods. The source base contains monographs, textbooks and lections of the leading legal experts on the encyclopedia of law, theory of state and law. Currently, the historical-legal science does not pay due attention to encyclopedia of law. The scientific novelty is substantiated by the subject and methods of research. Comparison is conducted on the subject and object of research, methods, tasks and functions of the science of encyclopedia of law, as well as theory of state and law. Encyclopedia of law features the interpretation of legal science in its common grounds and organic unity; represents an overview on law connected by the single plot with various branches of law, and gives characteristics to the key provisions of law. A conclusion is made that the science of encyclopedia of law fulfilled mainly propaedeutic functions, and was an originator of the modern science of the theory of state and law. Further development and transformation of encyclopedia of law into the science of theory of state and law was substantiated by the advancement of other humanities – philosophy, sociology, etc. and historical events of the early XX century, which set new tasks and goals for legal science. The research results actualize the experience of development of the theory of law, as well as allow improving the theory of law based on the ideas and approaches of encyclopedia of law.

scholarly journals Interpretation of jurisprudence and law in the doctrine of T. E. Holland

2021 ◽  
pp. 46-60
Author(s):  
Anton Mikhailovich Mikhailov
Keyword(s):  
Subsequent Development ◽  
Legal Positivism ◽  
Legal Doctrine ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Legal Method ◽  
Legal Science ◽  
Biographical Approach ◽  
The Subject ◽  
Key Aspects

The subject of this research is the legal doctrine of the leading representative of English legal positivism of the last quarter of the XIX – first third of the XX centuries of Thomas Erskine Holland. The article is dedicated to examination of the two key aspects of his concept – comprehension of the nature of jurisprudence as a science, and law as a type of social norm. Leaning on the classic work of the British jurist “The Elements of Jurisprudence” (1880), the author defines the understanding of jurisprudence and law, reveals the historical-cultural meaning of Holland's legal doctrine for the subsequent development of English jurisprudence. Methodological framework is comprised of the historical approach, elements of biographical approach, techniques and procedures of legal hermeneutics, rules and techniques of formal logic, and elements of comparative-legal method. The scientific novelty lies in the fact that this article is first within Russian legal science to conduct the concept analysis of the key theoretical-legal definitions (jurisprudence and law) of T. Holland’s doctrine, as well as reveal the ideological interrelation between the views of the British jurist and the founders of analytical jurisprudence. The author also substantiates the position, according to which Holland's approach towards comprehension of the nature of jurisprudence as a science can be defined as dogmatic. T. Holland's contribution to the development of legal positivism consists in argumentation of the formal and analytical nature of legal science, as well as in carrying out gradual differentiation of positive law from natural and social norms, and analysis of the crucial theoretical concepts of legal science.

‘Mol v drahém rouše…’ [A Moth Clad in Goodly Apparel]. A Collection of Proverbs by Jakub Srnec of Varvažov and Its Latin Sources

2017 ◽  
Vol 62 (1-2) ◽  
pp. 19-25
Author(s):  
Marta Vaculínová
Keyword(s):  
Early Modern ◽  
Graphic Design ◽  
Private School ◽  
Large Share ◽  
The Core ◽  
Wide Range ◽  
Long Time ◽  
Basic Source ◽  
The Subject ◽  
The University

In 1582, the first printed collection of Czech proverbs by Jakub Srnec of Varvažov, Dicteria seu proverbia Bohemica, was printed. It became the basic source of the material for later collections of this kind by J. A. Comenius, J. Dobrovsky and others. It was inspired by the Adagiorum chiliades by Erasmus of Rotterdam. Based on them, it was divided into centuria and decades. Unlike other early modern collections of proverbs, it does not contain only the Latin translation of the mentioned proverbs - its Latin explanatory component is much richer. This is connected with the fact that the collection was originally conceived as a teaching aid for Srnec’s private school for pupils from noble families. Each proverb is accompanied by a number of related, explanatory or antithetical sentences, which resembles the genre of the collections of sentences. The authors of the sentences are given in the margins. There is a large share of ancient classics, medieval anonymous proverbs and biblical quotations. Less than one-third are quotations from early modern authors. Logically, Erasmus is the most represented among them, followed by relatively unknown Christoph Aulaeus, a professor at the university of Erfurt, with his collection of moralistic distichs. The third in terms of the number of quoted statements is the popular early modern educationist Juan Luis Vives. Based on other quoted Humanists and their works, it is possible to infer when the core of the work originated. Most frequently, Srnec used quotations from educational and moralistic handbooks, more rarely also from theatre plays with religious themes. The main aim of the publication of the collection was to prove that Czech proverbs could match not only Latin and Greek ones but also those in other living languages that had already been published for a rather long time. Unlike some educational Lutheran collections of proverbs, Srnec’s collection was not only to enlighten but also to entertain and to make the subject matter taught more pleasant for the students. Not only in that but also in the title chosen and the graphic design, it could have been inspired by the contemporary German collection of proverbs Proverbialia dicteria by Andreas Gartner. The circumstances of the collection’s origin are explained by the author in an extensive preface, in which he deliberately quotes a wide range of proverbs taken from Erasmus’s Adagia. A Czech translation of selected passages of the preface is attached to the article.

scholarly journals Shared Ownership and Mutual Imaginaries: Researching Research in Mass Observation

2014 ◽  
Vol 19 (3) ◽  
pp. 214-225 ◽  
Author(s):  
Annebella Pollen
Keyword(s):  
Comparative Analysis ◽  
Research Network ◽  
The Core ◽  
The Subject ◽  
Methodological Concern ◽  
The University ◽  
Shared Understandings ◽  
Case Basis ◽  
Research Resources ◽  
Shared Ownership

The methodologies that might be best used to interpret Mass Observation's distinctive research resources have tended to be considered on a case by case basis by individual researchers and have rarely been the subject of concerted, dedicated scrutiny. During 2009-10, however, the University of Brighton research network Methodological Innovations: Using Mass Observation (MIMO) brought together 150 international academics, archivists, writers and artists to debate and share methods for analysing the materials of the post-1981 Mass Observation Project (MOP) in particular. Through discussion lists and events, a range of disciplinary approaches were brought to bear on core topics of methodological concern, from the ‘representativeness’ of the writing panel and discussions about sampling and extrapolation, through to debates on the very nature of Mass Observation (MO) material and how it might be defined. This paper draws on these productive discussions and brings them together with previously unanalysed insights and reflections on similar issues by MOP correspondents, for as Sheridan, Street and Bloome (2000) have argued, ‘Mass-Observers themselves are as reflective and thoughtful about issues raised, methodological and theoretical as well as ethical and political, as the academic commentators.’ Using responses to the MOP directive, ‘Being Part of Research’ in parallel with MIMO discussions, this paper draws new connections between contributors and users, as two of the core constituent bodies involved in the production of meaning in MO. Through comparative analysis of each groups’ discussion of methodology, this paper highlights the often unarticulated but ultimately interdependent relationship between contributors and their readers in order to reveal their shared understandings, mirrored concerns and mutual imaginaries.

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