scholarly journals WAS J. BENTHAM THE FIRST LEGAL UTILITARIAN?

2020 ◽  
Vol 24 (2) ◽  
pp. 438-471
Author(s):  
Igor V. Kolosov ◽  
Konstantin E. Sigalov
Keyword(s):  
Legal Policy ◽  
Scientific Methods ◽  
Legal Thought ◽  
The Us ◽  
Analysis And Synthesis ◽  
Scientific Papers ◽  
History Of ◽  
Distinct Features ◽  
Statutory Regulation ◽  
Theoretical Component

Legal utilitarianism is attractive for practice because this field of legal thought and philosophy of law sets out a particular direction of legal policy and statutory regulation (focus on the utility principle in decision-making) that can, under certain reservations, be used to improve people's lives. Most scholars conclude that the first utilitarian was J. Bentham. However, scientific studies prevalently do not involve the analysis of earlier legal doctrines in relation to the use of utility principle. Thus, the relevance and scientific novelty of analysis of the origin of legal utilitarianism is associated with the need to develop a theoretical component of this doctrine that is of current interest for the legal policy and to enlarge the underdeveloped - in our opinion - theoretical framework of legal utilitarianism genesis. The purpose is to identify the first theory in the history of legal thought, which can be classified as legal utilitarianism, and, if such theory is the J. Bentham's utilitarianism, to determine the reasons why earlier theories based on the utility principle cannot be classified as legal utilitarianism. The theoretical basis of the article is materials such as original sources by various thinkers whose works are based on the utility principle and scientific papers of European and the US researchers. For the purpose of the article, the following methodological tools were used: metaphysical (dialectic method), general (analysis and synthesis, deduction and induction, analogy, comparison) and specific (historical and legal-historical) scientific methods. The main outcome of the research is identification of distinct features of pre-Bentham legal thought based on the utility principle and identification of pre-requisites and basis (provisions which had formed the basis) for J. Bentham's utilitarianism, as well as the answer to the question: Was J. Bentham the first legal utilitarian?.

Reciprocal Processes of Human Dying and Its Activities

2021 ◽  
Vol 21 (1) ◽  
pp. 104-111
Author(s):  
Alexey E. Shishkin
Keyword(s):  
Social Order ◽  
Systems Approach ◽  
Primary Source ◽  
Interdisciplinary Approach ◽  
Functional Method ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
History Of ◽  
The Stability ◽  
The Mind

Introduction. In this article, we investigate the reasons for the “disappearance” of man in the context of his rejection of God, history, culture, nature. We are interested in a two-fold approach to understanding death: a) all perishable and imitative activity is a signal of the dying of both consciousness and a person; b) a material, fractional and secular person cannot construct Beauty, Truth, Eternity. Methods. The interdisciplinary approach showed a kink in a person from different angles. The hermeneutic approach helped to reveal the inner content of the concept of “death”. The systems approach showed the breadth of the studied object of death, affecting all institutional structures and spheres of life. The structural-functional method helped to present the phenomenon of death in a detailed manifestation both in ontogeny and phylogeny. The value-institutional analysis helped to realize the stability of the social order through the fixation of basic values in the mind. General scientific methods of cognition were used: induction and deduction, analysis and synthesis, the unity of the logical and the historical, the ascent from the concrete to the abstract. Results. If a person does not have transcendences, then the focus of understanding narrows, and the spiritual and moral parameters are replaced by consumerist ones. If a person defends only the immanence of being, then in a lonely and lonely state, his remoteness from the Primary Source means his own sentence to contentment with the ultimate “nothing”. Charles Tylor, through the concept of a “closed” or “horizontal” world, defines the nonsense of a person who is inside a transcendental structure. Discussion and Conclusion. The theme of death has shown the “cross-cutting nature” of the problem of domination/dependence on human death throughout the history of philosophy.

scholarly journals UNDERGROUND MOSQUES OF MANGYSTAU AS THE OBJECTS OF RELIGIOUS TOURISM

2020 ◽  
Vol 34 (1) ◽  
pp. 33-41
Author(s):  
Asima G. КOSHIM ◽  
◽  
Aigul M. SERGEYEVA ◽  
Kuat T. SAPAROV ◽  
Sveta K. BERDYBAEVA ◽  
...  
Keyword(s):  
Comparison Analysis ◽  
Underground Structures ◽  
Resource Base ◽  
Scientific Methods ◽  
Current State ◽  
Religious Tourism ◽  
Analysis And Synthesis ◽  
History Of ◽  
General Scientific ◽  
Complex Methods

A distinctive feature of Mangystau is a significant number of underground mosques that have existed within the region since the X-XIII centuries. The purpose of the study is to analyze and assess the current state of underground mosques and the prospects for their use as objects for the development of tourism. The study was carried out as a result of the use of complex methods: dialectical, retrospective, systemic and logical analysis, as well as general scientific methods of comparison, analysis and synthesis. Underground mosques in Mangistau region play an important role in the development of tourism in Kazakhstan. The analysis shows that the objects carved into the rock are unique underground structures that differ in the peculiarity and history of their formation. The research results can be used in theoretical and methodological research on this topic. The research materials show that in the Mangistau region it is necessary to study the religious heritage using a rich resource base and develop new tour programs that will increase the region's tourism pportunities and the development of all types of religious tourism.

scholarly journals Poland’s Accession to NATO Considering “Partnership for Peace” and the U.S. Perspective

2020 ◽  
Vol 6 (2) ◽  
pp. 12-20
Author(s):  
Tomasz Gergelewicz
Keyword(s):  
Research Process ◽  
Point Of View ◽  
Professional Literature ◽  
Member States ◽  
New Member States ◽  
Partnership For Peace ◽  
Whole Process ◽  
The Us ◽  
Analysis And Synthesis ◽  
History Of

The accession of Poland to the group of NATO member states was undoubtedly one of the milestones in the modern history of the country and in the direction of strengthening security in the international arena. The whole process was conditioned by various types of determinants: technological, organizational, political and ideological (Kupiecki, 2016). Many publications have been dedicated to Poland's accession to NATO and its later role among the allied members. Nevertheless, there is a lack of particular studies in the professional literature that presents a detailed chronology of Polish pre-accession activities and the diverse opinions of the US administration regarding the enlargement of NATO with new member states recruiting from the former Warsaw Pact. This gap in available literature was a trigger for writing this article with the purpose to present the undertakings of Poland aimed at accession to NATO in the aspect of “Partnership for Peace” and the US point of view. In the research process, two basic methods were employed: analysis and synthesis. The method of analysis was used in relation to the verification of collected literature, normative acts and documents on international security. The method of synthesis was applied for conclusions. The undertaken research on the topic proved that without consistent actions and initiatives conducted by Poland in the international area and without the support of the US, joining NATO would be highly difficult or even impossible. At the same time, a detailed analysis highlighted that the accession of Poland to NATO was and still is mutually and beneficial for Warsaw and Washington.

scholarly journals SOME ECONOMIC ASPECTS OF FRANCHISING IN THE USA

2020 ◽  
Vol 5 (5) ◽  
pp. 183
Author(s):  
Yuliia Chaplynska ◽  
Varvara Piterska
Keyword(s):  
System Analysis ◽  
Scientific Work ◽  
Structural Method ◽  
Economic Aspects ◽  
Scientific Methods ◽  
Legal Method ◽  
The Us ◽  
Analysis And Synthesis ◽  
The Usa ◽  
Definition Of

The purpose of the article is to study the economic aspects of franchising in the USA. The subject of the study is some economic features of franchising activity in the USA. Research methodology. The research is based on the use of general scientific and special-scientific methods and techniques of scientific knowledge. The dialectical method allowed us to investigate the definition of franchising in the USA. Comparative legal method was used to compare legislative approaches to this issue. The statistical method was used to establish data that reflects the effectiveness of franchising activities. The method of system analysis helped to find out in which areas of economic activity franchising is most demanded. Interpretation of the content of the US legal acts governing issues related to franchising was realized with the help of the normative-dogmatic method. The system-structural method was used to study franchising in the USA as a single entity (system) with the coordinated functioning of all its elements. Methods of analysis and synthesis helped to study some economic aspects of the studied category to formulate further conclusions. Practical application. The positive experience of the USA in regulating issues related to franchising can be used for making appropriate changes to the Ukrainian legislation. Since franchising had originated and developed in this country, it is advisable to identify the key economic and some legal features of this area of business activity. Correlation/originality. This scientific work is the first research in Ukraine devoted not only to the general issues of franchising activity regulation, but specifically to the economic features of franchise activity in a separate country (in the USA).

scholarly journals Galician Nationalism: History and Modernity

2020 ◽  
pp. 61-68
Author(s):  
Valentyna Hodlevska ◽  
Keyword(s):  
Intermediate Phase ◽  
Basque Country ◽  
Scientific Methods ◽  
Nationalist Movement ◽  
Current State ◽  
Analysis And Synthesis ◽  
History Of ◽  
General Scientific ◽  
The 19Th Century ◽  
Historical Methods

The purpose of the article is to cover the history and determine the relevance of Galician nationalism. The origin and development of the nationalist movement in the region is analyzed. In our study general scientific and special historical and political science methods were applied. The general scientific methods (deductive and inductive, analysis and synthesis) were used as specific cognitive tools necessary to implement the principles of historicism, systematicism and objectivity. The general and special historical methods (historical-typological, statistical, comparative-historical, problem-chronological) allowed us to make a comprehensive analysis of the problem of Galician nationalism. The scientific novelty of the work lies in the fact that the author, for the first time in the national historical science, analyzes the features of Galician nationalism, the history of its development and the current state. Galician nationalism took shape in the 19th century. Among the predecessors of Galician nationalism, three movements can be distinguished: provincialism, federalism, and regionalism. Provincialism (later called Galicianism) was a movement that emerged in 1840 with the aim of protecting the integrity of the territory of Galicia. Regionalism became an intermediate phase in the evolution of the Galician movement between provincialism and nationalism. Galician federalism began to develop in 1865. The federalists argued that Galicia should be formed as a canton within Spain and that it be governed by its own cantonal constitution. Conclusions. As one of the four historic autonomous regions of Spain (along with Catalonia, the Basque Country and Andalusia), Galicia is significantly different in its understanding of its own nationalism. While Catalonia and the Basque Country strive for even greater independence, including threats of secession from the state, the nationalist movement in Galicia is becoming less tangible.

Methodology and Practical Implementation of Macroprudential Stress Testing of the Banking System

2017 ◽  
Vol 2017 (1) ◽  
pp. 123-146
Author(s):  
Ekaterina Suchkova ◽  
Kseniya Masterovenko
Keyword(s):  
Financial Stability ◽  
Stress Testing ◽  
Banking Sector ◽  
Global Financial Crisis ◽  
Empirical Studies ◽  
Banking System ◽  
Practical Implementation ◽  
Scientific Methods ◽  
The Us ◽  
Analysis And Synthesis

The article reviews the methodological basis of macroprudential stress-testing used as a quantitative tool to analyze and forecast financial stability. This tool has been actively used by regulators world wide especially after the 2007-2008 global financial crisis. We analyze the experience of macroprudential stress-testing of the US and EU banking sector with a particular focus on the Bank of Russia methodology. Using general scientific methods of analysis and synthesis of literature, the authors examine various aspects of macroprudential stress-testing. The result of this work is a review of empirical studies on macroprudential stress-testing and the analysis of its practical implementation in Russia and abroad.

URBANIZATION AS A FACTOR OF THE FORMATION OF THE SYSTEM OF MUSIC PROFENCIONAL EDUCATION IN RUSSIA

2019 ◽  
Vol 15 (2) ◽  
pp. 136-146
Author(s):  
Ilya N. Suetin ◽  
Rashit A. Mukhamedov
Keyword(s):  
Vocational Education ◽  
Training System ◽  
Synthesis Methods ◽  
Professional Musicians ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
History Of ◽  
Education Culture ◽  
Xix Century ◽  
Political Economic

Introduction. The development of domestic music vocational education is currently influenced by various factors: political, economic, demographic, etc. One of the socio-economic factors can be attributed to the processes of urbanization. Studying and using the historical experience of forming a system of musical vocational education in Russia in the context of urbanization can contribute to the development of an effective state strategy for the development of a training system for a musician-practitioner at the present stage. Materials and Methods. The study made an attempt to provide more complete coverage of the work of domestic scientists on the history of domestic urbanization and the history of domestic musical vocational education. In the study and synthesis of scientific sources used methods of theoretical interdisciplinary analysis and synthesis, methods of comparative historiographical analysis. The study used comparative historical, historical and typological methods, as well as general scientific methods of system and structural-functional analysis. Results. The paper presents evidence that as a result of administrative and territorial reforms, an increase in population, the development of education, culture and education, there is a need for qualified specialists (including a music profile). Conclusion. The study showed that as a result of a legitimate public request for professional musicians, educators and performing musicians, and thanks to the activities of the Imperial Russian Musical Society in the second half of the XIX century, a network of musical educational institutions (music classes, music colleges, conservatories) was formed vocational education.

scholarly journals MEDIATION INSTITUTION: EXPERIENCES FROM COUNTRIES ACROSS THE WORLD

2019 ◽  
Vol 5 (1) ◽  
pp. 168
Author(s):  
Mykhailo Pitiulych ◽  
Iryna Nakonechna
Keyword(s):  
Dispute Resolution ◽  
European Countries ◽  
Main Task ◽  
Scientific Methods ◽  
Legal Method ◽  
Labour Dispute ◽  
The Us ◽  
The World ◽  
Analysis And Synthesis ◽  
The Subject

The aim of the article is to study the process of implementation of the institute of mediation in Ukraine and across the world. The subject of the study is mediation institution, analysed from scientific perspectives and on the basis of provisions of foreign and Ukrainian legislation. Methodology. The study is based on general scientific and special-scientific methods and techniques of scientific knowledge. The logical semantic method enabled to determine the content of the concepts of “mediation” and “labour dispute”. The comparative legal method enabled to compare the doctrinal approaches to this issue. The same method enabled to analyse the legislation on the subject matter in the US and leading European countries. The normative dogmatic method enabled to interpret the content of legal regulations of domestic and foreign legislation that regulate the issue of mediation. The systemstructural method enabled to identify the main differences of mediation from other ways of economic dispute resolution. Methods of analysis and synthesis enabled to identify the main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution. The method of legal modelling enabled to develop proposals regarding this institution introduction in Ukrainian legislation. Practical implications. Studies on mediation institution in the US and leading European countries helped to develop recommendations for this institution introduction in Ukrainian legislation, as well as to identify issues requiring further consideration and research. Relevance/originality. The concepts of “mediation” and “greenmail” are defined. The main purpose of mediation and the main task of a mediator, as well as the key advantages of this institution, are identified. In Ukraine, in comparison with other countries, the indecisiveness and inconsistency of the actions of the domestic legislator are stated as the key problem of mediation institution. It is underlined that nowadays-Ukrainian society is ready for this institution’s introduction because mediation is the alternative way of dispute resolution, which enables to solve a number of social and economic problems.

scholarly journals Epistemological Foundations Of Early Legal Utilitarianism

wisdom ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 31-44
Author(s):  
Igor KOLOSOV ◽  
Konstantin Elizarovich SIGALOV
Keyword(s):  
History Of Ethics ◽  
Scientific Methods ◽  
Historical Method ◽  
Legal Thought ◽  
Separate Branch ◽  
Classical Utilitarianism ◽  
Full Study ◽  
History Of ◽  
General Scientific ◽  
Method Analysis

This article analyzes the aggregate of reality cognition methods used in certain theories in the history of ethics and legal thought that are based on the principle of utility. The objective of this article is to provide a full study of the methodology of the utilitarianism to determine the place of the methodology in the establishment of utilitarianism, and also to expand the understanding of the development of legal utilitarianism, origin of ethics and legal prerequisites for the emergence of legal utilitarianism. The article used methods such as universal reality cognition methods, general scientific methods, such as the historical method, formal and logic (dogmatic) method, analysis, synthesis and others and specific (specifically scientific) methods. The main result of the article is the justification that the emergence of utilitarianism is conditioned, inter alia, by the synthesis of the empirical and theoretical methodology. efore that, the application of purely empirical or purely theoretical methodologies for considering the state and legal phenomena through the prism of utility did not lead to the creation of a separate branch of philosophy, ethic and legal thought – utilitarianism. The main conclusion of this article is that the "moral arithmetic" created under classical utilitarianism and later developed in the contemporary utilitarianism,based on which it is possible to compute the utility of this or that action (totality of actions), contradicts such universal legal values as justice, defense, enforcement of rights and freedoms, principle of equality, and the moral values, and, therefore, cannot be supported.      

scholarly journals THE SIMULACRUM NARRATIVE OF HISTORY INTERPRETATION IN POST-TOTALITARIAN CULTURE

2021 ◽  
pp. 45-58
Author(s):  
Tetiana Humeniuk ◽  
Yurii Lehenkyi
Keyword(s):  
National Culture ◽  
Fairy Tale ◽  
Scientific Methods ◽  
Soviet Culture ◽  
Historical Pattern ◽  
Analysis And Synthesis ◽  
History Of ◽  
Soviet Space ◽  
Cultural Reality ◽  
Post Soviet Space

The purpose of the article is to highlight the features of contemporary national culture as a special artistic meaning of the Gesamtkunstwerk, which is formed by a reflection of a predominantly historical pattern. The research methodology consists of a set of scientific methods of general and special nature. Methods of analysis and synthesis, as well as historical, cultural and systemic approaches, were used to reveal the essence of virtual reality of super narratives in the information space, which are the impetus for the formation of ethical, aesthetic and artistic consensus. The relevance of the research is determined by the need to study the postmodern paradigm, which gives the rise to the new discourses that replace the narratives of the communist era in the interpretation of the history of the posttotalitarian space. The scientific novelty of the study is that it shows post-Soviet culture as an inertial phase of post-totalitarianism, which has an image simulative tottalogy of reality. Conclusions. The article demonstrated that the artistic meaning of the Gesamtkunstwerk of the post-Soviet space is a desirable reality, but it has stopped at the level of the fairy-tale narrative, which is formed by a reflection of a predominantly historical pattern. The time and space of culture in the dimension of the simulacrum world appear as another kind of aesthetics virtus. It has been noted that the cultural reality of post-totalitarianism is at a stage when it is necessary to realise that the invented reality of the fairy-tale type is not art. So, the hybridity of creative efforts, post-coloniality, hypercriticism as a way of being, vital energy represent a set of motives that adds little to the understanding of the situation of postmodern creativity in Ukraine. Conversely, national slogans indicate the need for a national identity, because time is waiting for the manifestation of creative initiatives of artistic synthesis.

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