THEMORAL BASIS OF MODERN LEGAL NIHILISM

2020 ◽  
Vol 65 (4) ◽  
pp. 125-129
Author(s):  
OLEG A. NESTEROV ◽  

This article contains a philosophical study of the moral basis of modern legal nihilism. Usually legal nihilism is understood as a negative or indifferent attitude of individuals or social groups to law as a social institution. The universal and necessary nature of this phenomenon cannot be revealed by giving even the broadest list of active causes of its occurrence and spread. This nature of legal nihilism can be understood through systematic knowledge the idea of the moral spirit.Within the limits of this article, only the nearest spiritual and practical basis of the legal nihilism is revealed. Further consideration of the problem proves that this basis is the freedom of moral subject, the moral view in general, which is an effective principle of the form of the modern world. From a moral point of view only the autono- mous will is truly free and, therefore, really moral. For it is subordinate to a universal law, rooted in the «moral self» of the will itself. Thus the autonomy of the will is recognized as the true and only law of morality, which is identified with real moral order. Recognition of the autonomy of the moral will as the highest principle of the practical spirit made the moral view an indisputable criterion for evaluating any existing moral order. Thus the reflection of the practical experience of modern times laid the moral foundation of legal nihilism. For from this moment on, any external authority, every normative order has come under the initial suspicion of the moral subject, Every objective normative order came to be considered by him as something that has only a conditional significance. All this reality now requires legitimation by the subject of moral freedom, justification before person’s deep belief in what is rational and moral.

2020 ◽  
Vol 1 (100) ◽  
pp. 77-82
Author(s):  
V.P. Kultenko ◽  
◽  
K.M. Mamchur ◽  

The article deals with the concept of flat Earth. There has a adherents and defenders in the modern world, despite the solid age of heliocentric teaching. Flat Earth apologists point out, that the evidence in favor of the scientific heliocentric theory is held on confidence. People should trust the testimony of astronauts, space exploration data, and more. However, the vast majority of people cannot verify this data from their own practical experience. If science is a criterion for truth, then the heliocentric concepts and flat Earth are far removed from this criterion. Moreover, in the cultural experience of the past we can find arguments in favor of the concept of a flat Earth. These testimonies are contained, in particular, in the Old Testament Bible, the sacred texts of Christianity and Judaism. The mythological and religious texts of other nations and cultures also refer to the idea of a flat Earth.


Author(s):  
Tojibayev Bakhromjon Turabayevich ◽  
◽  
Azimov Ashirali Mexmonboevich ◽  
◽  
◽  
...  

The article assesses the importance of education in the modern world and its role in reducing youth deviation as a social institution. Education reforms in Uzbekistan emphasize the quality of reducing the deviation of young people by increasing the efficiency of "human capital".


2020 ◽  
Vol 9 (1) ◽  
pp. 91-107
Author(s):  
Aleksey P. Sitnikov

The article analyzes the scientific potential of the study of such an important phenomenon for the modern world as archaization, on the basis of which the author's methodological and conceptual space for the socio-philosophical study of the archaization of Russian society is formed. The concept of the plurality of modernity, and therefore the alternatives to national modernization, is recognized as a conceptual position. In the framework of the proposed concept, archaization, traditionalization and modernization are considered as modes of tradition - a substance of the sociocultural system that ensures reproduction and preservation of the society’s culture. Under the influence of socio-cultural transformation, the tradition can take the form of these processes, depending on the degree of destruction of traditional foundations and bases of society's life and the adequacy of the implemented innovations, their organic socio-cultural roots. Archaization as a modus of tradition, in turn, under the influence of sociocultural transformation, can develop in the format (modus) of rearchaization and neoarchaization as a result of interaction with the processes of traditionalization and modernization. At the intersection of the development trajectories of modernization and traditionalization processes, a modus of development called neotraditionalization is formed. The modes of archaization (neoarchaization and rearchization) affect the development of social processes in different ways, and therefore archaization is not considered as a uniquely regressive process.


1958 ◽  
Vol 11 (1) ◽  
pp. 37-52
Author(s):  
G. S. M. Walker

The twelfth century witnessed a memorable conflict between rationalism and authority, in the persons of Peter Abelard and Bernard of Clairvaux. It is, of course, erroneous to exaggerate these two extremes; by the one, reason was ultimately accepted as the servant of personal faith, and by the other, authority was founded on a basis of mystical devotion. None the less it remains true that both, in different directions, were guilty of the same dangerous tendency, that of abstracting one element from the wholeness of human personality, and of confining religion to the sphere of that one element; Abelard was too exclusively concerned with matters of the intellect, while Bernard directed an almost equally exclusive attention to the will; and the factor neglected and suppressed by both, which breaks through in Bernard's Sermons on the Song of Songs, and overwhelms Abelard in his affair with Heloise—the factor of emotion, of personal experience, of the deep springs of affection in the human heart—it was this forgotten factor which another school of theologians had the distinction of restoring to its proper place. The great Victorines took a saner and more balanced view of human nature. They studied man in his totality, and were willing to derive or at least expound their doctrine on the level of practical experience. They occupied a mediating position from which, with exaggerating either, they could give due weight to the claims of both reason and faith.


2007 ◽  
Vol 24 (1) ◽  
pp. 98-101
Author(s):  
Mohammad Fadel

This book includes eight articles on various aspects of Islamic law in themodern world, as well as an introduction by the two editors. The articles grew out of a symposium held at Georgetown University in 2001 under the title of“Arab Legal Systems in Transition.” Despite the book’s title, however, itdeals exclusively with the Arab world.That said, the articles are generally very interesting and, in some cases,provocative. Wael Hallaq’s article is the most provocative, for he suggeststhat because the traditional socioeconomic infrastructure that supported theShari`ah as a social institution in the pre-modern world has vanished in theface of the centralized state, the Shari`ah cannot be restored without revolutionaryinstitutional changes in the Arab state that would, at a minimum,give religious scholars the institutional independence to formulate a legitimatevision of Islamic law. While there can be little disagreement with Hallaq’s observation that thetraditional institutions are gone and will not return, I am not sure why heassumes that the only type of legitimate Islamic law is one formulated by anindependent class of jurists. May it not be the case that a centralized state,subject to democratic controls, could formulate positive legislation that conformsin a meaningful sense with the Shari`ah’s principles? After all, legalmodernity has generally meant the rise of positive law at the expense ofjudge-made law, with the former greatly eclipsing the latter in importanceand prestige. It is highly improbable that Islamic countries could, even ifthey wished, escape the need for ever more positive legislation to cope withthe unique problems posed by modern social organization ...


Author(s):  
Alla FEDORKINA

The article is devoted to understanding the place, role and functions of science in the modern world. The author analyzes the process of development of science from the initial individual forms of organization of scientific activity to its transformation into a social institution. The specifics of the process of cognitive and social institutionalization of science are considered. The main conditions for the development of science in the status of a social institution are revealed. The close connection of science with political, economic and social institutions and also the possibility of its development with the state regulation are shown.


2021 ◽  
Vol 25 (1) ◽  
pp. 107-116
Author(s):  
Yu. L. Petrov ◽  
G. I. Petrova

The article states the stratification of the university’s corporate culture as its traditional cultural base into the institutional and administrative (realizing the «third mission» of the university and bearing the tendency of its transformation into a business corporation) and the culture of the teaching staff (which has preserved the traditional university functions) and culture. There are suggested ways to eliminate this mismatch.The authors substantiate the role and significance of the ideological attitude of the university’s corporate culture to trust as a «glue» of its stratified cultural base, which maintains a balance between the traditional and modern university’s mission (the concept of «glue» is suggested by the Russian researcher L. Gudkov, who uses this term to denote a mechanism holding society together into a unity and a whole).The methodology of conceptual reasoning is based on a sociocultural approach that suggests considering changes of any social institution in the context of responding to the challenge of the globalized world of network structures and market relations.The article identifies the causes and consequences of lacking coordination in the cultural base of the university.Communicative rationality, which, as a style of scientific and philosophical thinking, initiates the construction of modern social ontologies, is proven to be a possible complementarity instrument («glue») of the two university cultures. It is argued that today trust reveals its not only psychological, but also ontological and epistemological significance, orienting both components of corporate culture towards their unity in implementing of the university’s research and educational missions together with its «third mission».The article originally defines the university’s corporate culture as focused on the formation of students’ trust as a key factor of sparing life in the modern world with its ideological, economic, and political tensions. On this basis, it is proposed to form a university management strategy and to restructure the educational process.


Author(s):  
Vladimir Tarasov ◽  

The modern world and Russia in particular is characterized by intensive migration processes. Ethnic, socio-cultural, religious conflicts and migrant-phobia are spreading in the countries that receive migrants. This requires a search for new means and mechanisms for the adaptation and integration of migrants, as well as the prevention of migrant phobia among the local population. The aim of the study is to give a sociological description of migrantophobia in Russia and substantiate the potential of the social values of the sports movement in its prevention. The content of the research is based on: 1) the analysis of bibliographic sources on the topic of the article; 2) a secondary analysis of sociological research on the perception of migrants and migrant phobia. Sociological studies demonstrate a downward trend in the level of migrantophobia in the Russian society, however, there is a need for new ways of preventing it. It has been concluded that sport as a social institution and such social values of sport as activity, self-realization, communication, respect, friendship, tolerance can play a significant role in the adaptation and integration of migrants, as well as in prevention of migrant phobia among the local population. Interpretations of the social functions of sports in relation to migrants have been given. The macro-, meso- and micro factors of the involvement of migrants in sports have been indicated.


Author(s):  
William Bain

The purpose of this chapter is to challenge the ubiquitous narrative that portrays the transition from medieval to modern as the start of the progressive secularization of international relations. Setting the emergence of the modern states system against the backdrop of medieval institutions and practices privileges evidence of change, while concealing evidence of continuity. The discourse of Westphalia provides the dominant interpretive frame of this narrative. This chapter recovers threads of continuity, without denying the significance of change, by explaining the transition from medieval to modern in the context of change within inherited continuity. It examines the role of the Renaissance and Reformation, events regularly portrayed as harbingers of revolutionary change, in carrying ideas associated with the theory of imposed order into the modern world. The main contention is that the boundary that separates medieval and modern is less fixed and more porous than most theorists of international relations seem to realize. Neither the Renaissance nor the Reformation inaugurate a turn away from religion. Both emphasize the primacy of the will, consistent with the theory of imposed order, which is given to imagining political order as a construction born of word and deed. Recovering the threads of continuity that connect medieval and modern is a crucial step in advancing the larger argument of this book, namely that modern theories of international order reflect a medieval inheritance that can be traced to nominalist theology.


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