scholarly journals Law genesis: problems of methodology

2021 ◽  
Vol 25 (2) ◽  
pp. 359-375
Author(s):  
Gennadij I. Muromtsev

The subject is related to the insufficient investigation of a general theoretical conception of the law genesis. The conception prevailing in Russian legal literature and proceeding from the inseparable connection between state and law genesis is weak in some aspects As a theoretical basis of this investigation the author uses the concept that regards a law genesis in the context of a world evolution. With this approach, the social factors of the emergence of law are preceded by natural factors of the same dimension, and the thesis about the emergence of law simultaneously with human society becomes the starting point in the study. As a result, the subject of the research acquires an interdisciplinary approach and includes the issues of nonlegal scientific disciplines, not only humanitarian (anthropology, ethnology, etc.), but also natural sciences (psychology, genetics of a behavior, etc.). The conclusion that the patterns of behavior development and the mechanisms of its regulation are formed at the natural stage of world evolution is of paramount importance. They arise in the form of reflexes and are then perceived by the merged norms of the custom-mononorm. The latter become a kind of connecting link in the transition from the natural mechanism of regulation of behavior to the social and from the preclass to the early class society regulation mechanism. Law genesis is considered in the article as a contradictory, multiaspect and multistage process with a natural and social content. Sociocultural differences between the countries of the West and the East led to the dissimilarity of the process of law genesis in both. In the first of them, with the victory of capitalism, law overcomes the phenomenon of fusion and appears in a pure form, while in the second, even today there are traditional relations and understanding of law, adequate to the preclass and early class era.

2021 ◽  
pp. 95-104
Author(s):  
Ruslana Bezuhla

The article analyzes approaches to the study of phenomena and concepts of performativity, discourse and communication, and makes it possible to trace how various types of communication are interconnected in the structure of artistic culture. It has been established that in modern society, performativity, discourse and communication provide a higher level of generalization and prevalence than in previous historical periods, which leads to an expansion of the subject field for the study of these phenomena. The aim of the work is to research and systematize existing theories conceptualizing performativity, communication and discourse in the mode of humanitarian knowledge. This approach will contribute to solving the scientific problem of clarifying the conceptual and categorical apparatus of modern cultural studies and art history. Methodology of work. The theoretical and methodological basis of the study were philosophical and general scientific approaches, principles and methods that made it possible to analyze the phenomena of performativity, discourse and communication from different-vector positions: the method of generalization, made it possible to determine the place of performativity, discourse and communication in the worldview paradigm due to the analysis of ambiguous formulations and statements about the phenomena, which were presented in various sources; an interdisciplinary approach ensured the use of the latest theoretical developments in the social sciences and humanities; the sociological approach made it possible to consider the phenomena of performativity, discourse and communication at the macrosocial and microsocial levels.


Author(s):  
DEBORAH HOWARD

The introduction sets the forthcoming chapters in the broader context of musical life in Early Modern France and Italy, with reference to existing scholarship on the subject. The occasions and locations in which musical performance took place are outlined, and the scope of the book is defined, stressing the close connections between France and Italy. A growing number of studies of secular music-making consider the social and ideological framework for performance, but usually without serious consideration of architectural settings. Yet these were crucial to the acoustic quality of the performance, for both players and listeners. The chapter therefore underlines the need for an interdisciplinary approach, to establish the background for the study of the emergence of the permanent theatre.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Magdalena Wójcik

PurposeThe subject of the article is the concept of augmented intelligence, which constitutes a further stage in the development of research on artificial intelligence. This is a new phenomenon that has rarely been considered in the subject literature so far, which may be interesting for the fields of social sciences and humanities. The aim is to describe the features of this technology and determine the practical and ethical problems associated with its implementation in libraries.Design/methodology/approachThe method of literature review was used. Systematic searches according to specific questions were carried out using the Scopus and Web of Science scientific databases, as well as Google Scholar and the LISTA abstract database.FindingsThe results established that the issue of augmented intelligence has barely been discussed in the field of librarianship. Although this technology may be interesting as a new area of librarian research and as a new framework for designing innovative services, deep ethical consideration is necessary before this technology is introduced in libraries.Research limitations/implicationsThe article deals with some of the newest technologies available, and this topic is generally very rarely discussed in scientific publications in either the social sciences or humanities. Therefore, due to the limited availability of materials, the findings presented in the article are primarily of a conceptual nature. The aim is to present this topic from the perspective of librarianship and to create a starting point for further discussion on the ethical aspects of introducing new technologies in libraries.Practical implicationsThe results can be widely used in practice as a framework for the implementation of augmented intelligence in libraries.Social implicationsThe article can help to facilitate the debate on the role of implementing new technologies in libraries.Originality/valueThe problem of augmented intelligence is very rarely addressed in the subject literature in the field of library and information science.


1972 ◽  
Vol 2 ◽  
pp. 16-19
Author(s):  
Kenneth Kirkland

The subject suggested in the title is so broad as to make it rather difficult to decide what boundaries to draw around the study of various resources available to the historian or other social scientist who sets out to study labor history, the social history of Italian workers and peasants, and the political and intellectual history of socialism and other radical movements. Keeping in mind that the following discussion is not intended to be exhaustive, but rather an indication of the necessary starting point to begin an investigation is probably the best way to understand this note.


1972 ◽  
Vol 2 ◽  
pp. 16-19
Author(s):  
Kenneth Kirkland

The subject suggested in the title is so broad as to make it rather difficult to decide what boundaries to draw around the study of various resources available to the historian or other social scientist who sets out to study labor history, the social history of Italian workers and peasants, and the political and intellectual history of socialism and other radical movements. Keeping in mind that the following discussion is not intended to be exhaustive, but rather an indication of the necessary starting point to begin an investigation is probably the best way to understand this note.


1918 ◽  
Vol 52 (1) ◽  
pp. 37-78 ◽  
Author(s):  
Alfred E. Cameron

That there is a decided need for the ecological study of insects and other animals was first brought home to the mind of the author whilst engaged upon the subject of a “General Survey of the Insect Fauna of the Soil” (vide Jour. Econ. Biol., vol. viii, part 3, 1913). Much information has been collected at various times by numerous authors, and especially those who have treated of the habits and behaviour of animals, but very little attempt has been made to systematise the data variously gathered, to explain the cause and effect of many obscure phenomena, or to make important observations accessible for the use of the animal ecologist. Thus, at present, we find ourselves on the threshold of practically a new and undisputed field, with opportunities for original and interesting research extending in innumerable directions. Dr C. C. Adams, now of Syracuse University, New York, who has written a most useful work, “the outgrowth of the effort as it has developed in the study and teaching of animal ecology,” in which is listed most of the literature applicable to the science, says (p. 10): “The associational is the phase of animal activity which may be considered as the form of animal behaviour which has developed into the human social relations,” and concludes that, because of the social character of human society, those interested in matters pertaining to the welfare of mankind, such as the sociologist, the physician, the sanitarian, and the agriculturist, will ultimately participate in a keener appreciation of the associational aspect.


2021 ◽  
Vol 66 (4) ◽  
pp. 425-449
Author(s):  
Ewa Okoń-Horodyńska

Abstract An interdisciplinary approach was used to analyse multicomplex issues of the Covid-19 crisis, demonstrated also by the Economics of innovation. The Economics of innovation is useful when analysing a unique feedback of megatrends and the emergence of liminal crisis innovations. The purpose of this paper is, in spite of many statements to the contrary, to prove that innovative activity may serve as the key to unlocking a post-crisis economic development. Analyses presented in the paper are based on the Polish and foreign literature on the subject, reports on research conducted in many research centres and the author’s own observation at the Social Innovation Council. Three research themes are signalled: 1) the reality of the crisis in the aspect of Covid-19 pandemic and other crises in the literature studies and in practice; 2) innovation as the driving force for recovering from the Covid-19 crisis; 3) Coronavirus support: the activity of the state and social expectations. Conclusions and recommendations contained in this paper are, to a large extent, based on hermeneutics; they also stem from statistical data analyses and own research.


2020 ◽  
Vol 19 (1) ◽  
pp. 115-118
Author(s):  
Sermada Kelen Donatus

The author of the book “Relasionalitas Filsafat Fondasi Interpretasi: Aku, Teks, Liyan, Fenomen”, Armada Riyanto, CM, has the great effort to philosophize his main thought about “Relasionalitas” (Relationality) which can be stated under the title called “The Philosophy of the Relationality”. The method and the scheme the author has managed to philosophize his ideas have come out from his deepest inner heart spontaneously, intuitively and genuinely, and by numerating the ideas the author would like to express, he has elaborated the meaning of those ideas focusing on the main issues like “aku, teks, liyan, fenomen” that become the foundation for a journey of interpreting the relationality. The reader of the book is allowed to become a disciple in the journey of seeking the meaning of the text in which the author offers the starting point of the journey with the dialog between “Aku dan Teks”. The word “fenomen” is understood as the reality of the daily life formed by the process of relationality that is taking place in dialog between “Aku” as the subject and “liyan” as the subject, but in the light of author’s idea, the word “liyan” refers to the social groups who are marginalized, impoverished, powerless and voiceless people.


2019 ◽  
Vol 2 (1) ◽  
pp. 103-117
Author(s):  
Abdul Awal Khan

It is estimated that between 2008 and 2014, 4.7 million people were displaced due to natural disasters in Bangladesh and that by 2050, one in every seven people in Bangladesh will be displaced by climate change. The subject matter of this paper is based on a theoretical analysis of various existing social and legal barriers relating to climate displacement in Bangladesh. This article critically analyses the social and legal barriers to helping Climate Change Displaced People (cdp) by drawing on existing legal literature such as the Bangladeshi constitution and qualitative data from Bangladesh’s experience with cdp. Ultimately, this article corroborates the lack of a coherent human rights framework for cdp in Bangladesh and suggests international cooperation as a first step towards a functioning regime.


Author(s):  
Theofanis Tassis ◽  

During the last decade Castoriadis’ questioning has become a reference point in contemporary social theory. In this article I examine some of the key notions in Castoriadis’ work and explore how he strives to develop a theory on the irreducible creativity in the radical imagination of the individual and in the institution of the social-historical sphere. Firstly, I briefly discuss his conception of modem capitalism as bureaucratic capitalism, a view initiated by his criticism of the USSR regime. The following break up with Marxist theory and his psychoanalytic interests empowered him to criticize Lacan and read Freud in an imaginative, though unorthodox, fashion. I argue that this criticai enterprise assisted greatly Castoriadis in his conception of the radical imaginary and in his unveiling of the political aspects of psychoanalysis. On the issue of the radical imaginary and its methodological repercussions, I’m focusing mainly on the radical imagination o f the subject and its importance in the transition from the “psychic” to the “subject”. Taking up the notion of “Being” as a starting point, I examine the notion of autonomy, seeking its roots in the ancient Greek world. By looking at notions such as “praxis”, “doing”, “project” and “elucidation”, I show how Castoriadis sought to redefine revolution as a means for social and individual autonomy. Finally I attempt to clarify the meaning of “democracy” and “democratic society” in the context of the social imaginary and its creations, the social imaginary significations.


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