scholarly journals Anthropological approach to the concept of legal values: classic, non-classical and post-non-classical

2021 ◽  
Vol 25 (1) ◽  
pp. 263-280
Author(s):  
Valeriy P. Ivanskiy
Keyword(s):  
Classical Model ◽  
Legal Positivism ◽  
Individual Subject ◽  
Pure Consciousness ◽  
Legal Personality ◽  
Legal Literature ◽  
Legal Thinking ◽  
The Subject ◽  
The Individual ◽  
Intentional Acts

The article is devoted to the study of the concept of legal values, their classification. Analysis of legal literature led to the conclusion that legal values are considered only in line with legal positivism, which have a faade in relation to the subject of law. According to the author, anthropological approaches - classical, non-classical and post-non-classical - can become a milestone in a conceptually different understanding of the values of law. In this regard, the purpose of the paper is to conduct a study of the values of law in line with anthropological research programs. To achieve the goal, the following tasks were set: 1) to describe the classical (neoclassical), non-classical and post-non-classical anthropological programs; 2) to formulate the concept of legal values and truth within the framework of three paradigms of legal thinking; 3) to classify and rank the values of law. As a result of the study, the following conclusions were made: The legal value in the classical (neoclassical) anthropological paradigm lies in the safe-guarding and protection of inviolability of the biopsychophysiological integrity of the organism, which identifies an individual as a physical person. Therefore, the law has an objectified and alienated from the individual subject character. The value of law in non-classical anthropological discourse is imperative-attributive experiences (legal psyche) or intentional acts of consciousness that constitute legal reality, with which a person is identified - a legal personality. The post-non-classical model of cognition is focused on the discovery of the true essence of a person through identification with a legal being (or pure consciousness), which is an absolute value and creator of transpersonal and extra-social legal reality.

The classical model of contract: the product of a revolution in legal thought?

Legal Studies ◽  
2010 ◽  
Vol 30 (4) ◽  
pp. 513-532
Author(s):  
Warren Swain
Keyword(s):  
Eighteenth Century ◽  
Sustained Attention ◽  
Social Factors ◽  
Driving Forces ◽  
Classical Model ◽  
Contract Law ◽  
The Past ◽  
Legal Literature ◽  
The Subject ◽  
Proper Weight

Writing in the introduction to his new treatise on contract in 1826, Joseph Chitty observed that ‘Perhaps no branch of the jurisprudence of this country has of late years been more subject of judicial inquiry and decision than the Law of Contracts’. It is generally accepted that the so-called classical model of contract law, which remains influential into the present day, was created at this time. Ever since the subject first attracted sustained attention from legal historians in the 1970s, the driving forces of these developments have been contested. Some saw legal change as a product of economic and social factors. For others the reception of new ways of thinking and legal literature provided a more convincing explanation. What is not usually disputed is that there was a fundamental revolution in contract doctrine and literature in the nineteenth century. This assumption is open to challenge. It fails to give proper weight to the past. In fact these changes were deeply rooted in the eighteenth century and even earlier.

scholarly journals Psychodiagnosis of Existential Experiences of Youth

2019 ◽  
Vol 39 (1) ◽  
pp. 38-43 ◽  
Author(s):  
Yu. Lanovenko
Keyword(s):  
Transition Period ◽  
Individual Characteristics ◽  
Humanistic Psychology ◽  
Depth Information ◽  
Individual Subject ◽  
Inner World ◽  
The Subject ◽  
New Feature ◽  
Life Path ◽  
The Individual

There are many problems in psychological reality that make it impossible for any empirical study to be due to the lack of adequate psychodiagnostic tools. The purpose of this article is to select psychodiagnostic tools that would provide an adequate picture of the characteristics of the experiences of young people their transition period. The existential philosophy became the theoretical basis for revealing the profound and essential content of the normative crisis of adolescence since it was in the works of philosophers in this direction that an attempt was made to reveal the inner world of man in his specific identity. Adaptation of the existential paradigm to psychological practice was made by humanistic psychology, which put forward the principle of focusing on the individual subject and study the holistic personality of an average person as the central methodological postulate. Authors used ideographic or phenomenological methods during the research. Hence, the requirements for choosing an adequate methodical admission of our study were: 1) the possibility of receiving in-depth information about the inner experience of the investigated since this is the level of self-knowledge at which the subject reveals his existence; 2) the ability of the chosen methodology to reveal the individual characteristics of each respondent's maturity; 3) the need to analyze how exactly adulthood influenced the realization of primary existential integration (as a new feature of adolescence) and the subsequent life of the subject; it is about realizing the principle of unity of the entire life path of the respondent, revealing the integrity and continuity of the events of his inner world. Among the existing methodical techniques that can directly lead to the phenomenon under study, we can distinguish the method of conversation, which became for us the fundamental and specified in the exact method of an in-depth interview. The article further provides a methodological justification for receiving in-depth interviews to explore adolescent existential experiences.  

scholarly journals The Fissured Worker: Personal Service Companies and Employment Rights

2019 ◽  
Vol 49 (1) ◽  
pp. 35-85
Author(s):  
Michael Ford
Keyword(s):  
Detrimental Effect ◽  
Legal Rights ◽  
Personal Service ◽  
Legal Personality ◽  
Service Companies ◽  
Labour Rights ◽  
The Subject ◽  
Piercing The Corporate Veil ◽  
The Individual ◽  
Employment Rights

Abstract A personal service company (PSC) is a form of intermediary with separate legal personality used as a vehicle to provide the labour of the individual who controls the PSC. The rapid growth of PSCs in recent years, and their potential to disguise employment status for tax purposes, have been the subject of much policy and legislation. But their detrimental effect on the employment rights, both individual and collective, has almost been ignored. Evidence shows that PSCs continue to increase at a faster rate than employment, are colonising sectors of the labour market characterised by dependent labour and are often imposed to avoid the duties owed to workers or employees. In this article, I analyse how the existing law might provide a means of protecting the labour rights of individuals who are engaged via PSCs, examining the statutory provisions specific to some legal rights and more general doctrines based on shams, labels and piercing the corporate veil. Although the law provides some protection in some circumstances, PSCs retain their allure as a means of avoiding employment rights. I discuss potential legislative solutions to this problem, which highlights the interaction of tax and employment law and the difficulties caused by relying on the bilateral contract as the keystone of labour rights.

Paul Ricoeur and International Law: Beyond ‘The End of the Subject’. Towards a Reconceptualization of International Legal Personality

2007 ◽  
Vol 20 (1) ◽  
pp. 25-64 ◽  
Author(s):  
JANNE E. NIJMAN
Keyword(s):  
International Law ◽  
International Institutions ◽  
The Other ◽  
Legal Personality ◽  
Legal Subject ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
International Legal Personality ◽  
Normative Aspect

The enquiry into international legal personality in the following article is both descriptive and prescriptive in nature. On the one hand, the phenomenon of the (legal) subject is described and explained, in order to offer a better reflection on, and analysis of, its existence. This holds for both the individual and the (so central to international law) collective subject. On the other hand, our attempt at reconceptualization has a clear normative aspect. Reconstructing (international) legal personality on the basis of anthropology and ethics as an inextricable part of the identity of a person results in a conception of (international) law as justice. And this means that international legal personality reconceptualized along the lines suggested in this paper functions to develop just international institutions and just international law.

scholarly journals El malestar en la teoría del sujeto de Guy Bajoit / The malaise in Guy Bajoit’s Theory of the Subject

2017 ◽  
Vol 28 (4) ◽  
pp. 30
Author(s):  
Lorena Araya Silva
Keyword(s):  
Personal Identity ◽  
Theoretical Framework ◽  
Socialization Process ◽  
Individual Subject ◽  
Individual Behaviors ◽  
Palabras Clave ◽  
The Subject ◽  
The Individual

<p>La teoría del sujeto de Bajoit es una teoría que intenta explorar las conductas individuales, a partir de la capacidad de la persona para constituirse en un individuo-sujeto-actor mediante la conciliación de las expectativas relacionales que ha construido a lo largo del proceso de socialización. En este proceso el individuo va configurando su identidad personal que se constituye por las identidades asignada, deseada y comprometida. El malestar, en este marco teórico, surge de las tensiones existenciales que se provocan ante la imposibilidad del individuo para conciliar lo que cree que lo otros esperan de él y lo que él mismo desearía ser y hacer, impidiéndole convertirse en un sujeto y en un actor de su propia existencia.</p><p><strong>Palabras clave:</strong> sujeto, tensión existencial, malestar</p><p> </p><p class="Ttulo21"><strong>Abstract</strong></p><p>The Bajoit’s theory of the subject is a theory that attempts to explore individual behaviors, starting from the person’s capacity to become an individual-subject-actor through the reconciliation of the relational expectations that has built throughout the socialization process. In this process, the individual shapes his personal identity, constituted by the assigned, desired, and committed identities. In this theoretical framework, the malaise arises from the existential tensions that are provoked by the person’s impossibility to conciliate what he believes others expect from him, and what he himself would like to be and do, which in turn does not allow him to become subject and actor of his own existence.</p><p><strong>Keywords:</strong><em> </em>subject, existential tension, malaise</p>

scholarly journals THE SYSTEM OF CATEGORIES OF PSYCHOLOGY AND THE CONCEPTS OF THE INDIVIDUAL, SUBJECT OF ACTIVITY AND PERSONALITY: SOME LESSONS OF THE CONCEPTS OF KANT, FICHTE, HEGEL AND SARTRE

2020 ◽  
pp. 24-36
Author(s):  
Nikolay Semyonovich Shadrin
Keyword(s):  
Self Regulation ◽  
Point Of View ◽  
Individual Subject ◽  
Image Communication ◽  
Living Space ◽  
Logical Nature ◽  
Genetic Continuity ◽  
The Subject ◽  
The Individual ◽  
Generic Essence

The categories of psychology are understood as the limit generalizations of various classes of psychical phenomena, including both the corresponding groups of particular concepts and the phenomena not yet subjected to final conceptual identification. They can be understood as the basic determinants of the psychic, having a socio-cultural nature (at the level of the subject of activity and personality) or bio-logical nature (at the level of the individual). The individual, the subject of activity and the personality, not being forms of “psychic”, should nev-ertheless possess special levers of regulation (or self-regulation) of such basic determinants of psyche, as motive, image, communication and action (that indirectly assumes also regulation of all vital activity of the individual subject of life). Not limited to the formula “personality as a transformed individual”, the author reveals the genetic continuity of the levels of the individual, the subject of activity and personality in the aspect of increasing of the degree of manifestation of the generic essence and “essential forces” of man in his individual exis-tence. At the same time, analyzing multilevel human activity from the point of view of “spatial” paradigm (in the aspect of human integration into different spheres of living space), the author finds the key to the relative independence of these levels and to the constant transitions from one of these levels of life activ-ity to another. The justification of the proposed provisions is given on the complex of the corresponding ideas of Kant, Fichte, Hegel and Sartre, taking into account the continuity between them.

The Gender of Communication: Changing Expectations of Mothers and Daughters in Urban China

2010 ◽  
Vol 204 ◽  
pp. 980-1000 ◽  
Author(s):  
Harriet Evans
Keyword(s):  
Urban China ◽  
Chinese Society ◽  
Emotional Communication ◽  
Domestic Sphere ◽  
Individual Subject ◽  
Mothers And Daughters ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
Contemporary Chinese

AbstractIn the flow of the material, cultural and moral influences shaping contemporary Chinese society, individual desires for emotional communication are reconstituting the meaning of the subject, self and responsibility. This article draws on fieldwork conducted in Beijing between 2000 and 2004 to discuss the gendered dimensions of this process through an analysis of the implications of the “communicative intimacy” sought by mothers and daughters in their mutual relationship. What could be termed a “feminization of intimacy” is the effect of two distinct but linked processes: on the one hand, a market-supported naturalization of women's roles, and on the other, the changing subjective articulation of women's needs, desires and expectations of family and personal relationships. I argue that across these two processes, the celebration of a communicative intimacy does not signify the emergence of more equal family or gender relationships, as recent theories about the individualization and cultural democratization of daily life in Western societies have argued. As families and kin groups, communities and neighbourhoods are physically, spatially and socially broken up, and as gender differences in employment and income increase, media and “expert” encouragement to mothers to become the all-round confidantes, educators and moral guides of their children affirms women's responsibilities in the domestic sphere. Expectations of mother–daughter communication reshape the meaning – and experience – of the individual subject in the changing character of the urban family at the same time as they reinforce ideas about women's gendered attributes and the responsibilities associated with them.

Im Spiegel-Selfie-Stadium: The downloaded man

2018 ◽  
Vol 2018 (2) ◽  
pp. 259-279
Author(s):  
Frank Egner
Keyword(s):  
Capitalist Society ◽  
Primitive Accumulation ◽  
Mirror Stage ◽  
Individual Subject ◽  
Starting Point ◽  
The Subject ◽  
Image Production ◽  
The Individual

As a reference to Lacan’s »mirror stage«, the »Mirror-Selfie-Stadium« show a reflexive turn within subjectification. The individualization of image production through digital and dating platforms is the starting point to reveal as such. In the article reference to so-called primitive accumulation (Marx) the origin of the internal rupture of the bourgeois subject shows that the individual subject in a capitalist society must be an interface for its own capitalist socialization and originates from this quandary situation. The actual techniques of digitization continue this origin by forcing the subject to expand itself, but also its objects, by divisions, splits and valorizing. These divisions at once unleash the productive power of capitalist society

scholarly journals General theoretical problems of determining the object of constitutional regulation of public relations and its types in the Russian Federation

2019 ◽  
pp. 180-185
Author(s):  
Rashit G. Nurmagambetov ◽  
Valeriy S. Popov
Keyword(s):  
Civil Rights ◽  
Theoretical Analysis ◽  
Public Relations ◽  
Constitutional Law ◽  
Common Ground ◽  
Legal Literature ◽  
The Subject ◽  
The Russian Federation ◽  
Points Of View ◽  
The Individual

A theoretical and legal study of problematic issues concerning the subject of constitutional regulation is important for the science of constitutional law, and it allows to eliminate the prevailing uncertainty in this matter. As a result of a theoretical analysis of scientists' points of view, the author comes to the conclusion that in its root essence the expediency of addressing the issue of the subject of constitutional regulation is explained by the uncertainty in understanding the essence of the analysed concept in the legal literature. The author believes that the "object of constitutional regulation" and "the subject of constitutional regulation" are different concepts with common ground. The author’s position is proposed to include the principles of constitutional law, the benefits of tangible and intangible nature, digital values of the individual, society and the state, including human and civil rights and freedoms, sovereignty and independence of state power, legal interests, – in the category "object of constitutional regulation". It is they which characterise the special sphere of relations, the sphere of constitutional influence, precisely revealing the content of the "object of constitutional regulation", its volume.

scholarly journals Concept of Collective Action as the Value Background of Theory of Education

2016 ◽  
Vol 19 (2) ◽  
pp. 48-58
Author(s):  
Oleksandr Serhiyovych Polishchuk ◽  
Olena Volodymyrivna Polishchuk
Keyword(s):  
Collective Action ◽  
Work Group ◽  
Direct Interaction ◽  
Educational Process ◽  
Individual Subject ◽  
Collective Group ◽  
The Subject ◽  
The Individual ◽  
Or Team ◽  
The Mind

Some concepts of collective action have been examined. It is found that collective action is formed as a result of interaction of individuals within the group, collective etc. Such social environment in which collective action appears, is the educational process, which aims to provide protection, safety and educational needs of direct interaction between the preschool children and children of younger school age. The forms of work: group and collective, have been analyzed. It is found that acting in a group or team, the participants of educational process gather around the common goal, collective action, that occurs, becomes the value in the process of achieving this goal. That is, it encourages the collective, group to act in the given direction. This action is accompanied by the interaction, due to which raises the phenomenology of collective, above- and beyond the individual. It is based on the formation in the mind of each individual subject of communication the subjective model of the content and the process of interaction, which seems to be shared with other participants (the subject feels as if its co-author) and the presence of which can be displayed in the form of a general image of the subject of interaction that occurs in interpersonal space and fills it.

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