scholarly journals Тhe Russian statehood. 2017

2017 ◽  
Vol 1 (3) ◽  
pp. 15-24
Author(s):  
Alexander Butakov

The subject. The author's research methodology of social processes is represented, by establishinga bond between the ways of property organization and governmental form – especiallyits political regime.The analysis of methodology is based on the historical materials devoted to Russian statehoodin terms of its transition states during the appropriate industrialization of domesticproduction.The results, scope of application. Since 1861, the Russian statehood during its existence hasexperienced a number of important transitional states, where the successful process offorming the traditional foundations of the corresponding society in different periods (pre-Soviet, Soviet and post-Soviet) in terms of the author's methodology was and still is untenable.The basis of this methodology is the existing relationship between the concrete wayof property organization and its social function. Thus, a private way of property organizationreproduces the function of social development. A mixed (corporate) way provides a functionof social compromise (convergence). Finally, the common (collective) way of propertyorganization can be determined by the function of social security. A concrete way of propertyorganization arries out only a specific social function. An attempt to change this dependenceleads the corresponding society to the destruction of the foundations of its existence.Thus, the liquidation (abolition) of the private way of property organization objectivelyforms the impossibility of realizing the functions of social development and the functionsof social compromise (convergence) in the society by the common (collective) way ofits organization. There is another aspect of the relationship between a particular way oforganizing property and its social function. Each of the above methods of property organization,reaching a monopoly state that goes into rent, provides for self-destruction andtransformation of its social function as opposed to: from development to degradation, fromcompromise to confrontation, from social provision of society to the provision of clans. Abrief historical digression in the article makes it possible to disclose the content of thismethodology when analyzing the facts of life of Russian statehood, including its latest historyuntil 2017.Conclusions. The modern post-Soviet statehood in its various foundations: economic, political,social and cultural, when realizing the appropriate tendencies of segregation of theprivate way of property organization and the growing monopolization of state property,largely casts doubt on the future development of our society.

Author(s):  
Justine Pila

This chapter considers the meaning of the terms that appropriately denote the subject matter protectable by registered trade mark and allied rights, including the common law action of passing off. Drawing on the earlier analyses of the objects protectable by patent and copyright, it defines the trade mark, designation of origin, and geographical indication in their current European and UK conception as hybrid inventions/works in the form of purpose-limited expressive objects. It also considers the relationship between the different requirements for trade mark and allied rights protection, and related principles of entitlement. In its conclusion, the legal understandings of trade mark and allied rights subject matter are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing their and their tokens’ existence.


2021 ◽  
Vol 55 (3) ◽  
pp. 908-929
Author(s):  
Ilija Kajtez ◽  
Srđan Starčević

The paper analyzes the sociological works of Todor Pavlović, with the aim of presenting his basic social ideas and checking the relevance of his conclusions about the relationship between social development and military organization. A special focus is placed on Pavlović's explanation of the development of military organization, within which the position of dialectical materialism about the influence of war technique on army organization and tactics is refuted. This sets Pavlović apart from other Serbian and Yugoslav sociologists of the 20th century who studied the army, and anticipates new sociological views on the relationship between technical achievements and the organization of social processes. Basic analytical and synthetic methods, content analysis as well as biographical and comparative methods were used.


Author(s):  
Vera Savchenko ◽  
◽  
Oleksandr Gai ◽  
Oksana Yurchenko ◽  
◽  
...  

The article considers the essence of accounting theories, approaches to their separation, the relationship of accounting and economic theories, and the direction of development of accounting theories in accordance with the needs of economic and social development. The approaches to the classification of accounting theories are generalized, as well as the approaches to the interpretation of «accounting theory», the peculiarities of the interpretation of the subject of accounting from the point of view of different accounting theories are revealed and the objectivity of expansion of accounting objects is substantiated. In the context of the formation and development of accounting theories, the category of «social costs» is considered as an accounting object.


2019 ◽  
pp. 1-13
Author(s):  
JE Penner

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.


Author(s):  
Simon Deakin ◽  
Zoe Adams

Markesinis and Deakin’s Tort Law, now in its 8th edition, provides a general overview of the law and discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the book provides a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context, thereby giving students a deep understanding of tort law. The book is composed of eight parts. Part I starts by setting the scene, Part II looks at the tort of negligence. Part III turns to special forms of negligence. This is followed by Part IV which examines interference with the person. Part V turns to intentional interferences with economic interests. The next part looks at stricter forms of liability. Part VII examines the protection of human dignity which includes looking at defamation and injurious falsehood, and human privacy. The last part looks at defences and remedies.


2016 ◽  
Vol 41 ◽  
Author(s):  
Lindsay Fiona Blair

“An intertextual/ dialogical reading of place through photography and fiction” The article is an exploration of place and its representations based on the intertextual reading of a series of photographs (1880-82) of Tarbert, Loch Fyne by Andrew Begbie Ovenstone (1851-1935) and the dialogical reading of a novel, Gillespie (1914), by John MacDougall Hay (1881-1919) which is set in Tarbert. The proposed article is inspired by a sense that a semiotic approach to the subject will reveal far more than has been discovered within the tradition of hermeneutics and patrimony and that much will be gained by a study of the contrast between written and visual signifiers. The article raises questions about the (unexamined) coded readings of place especially in relation to the photograph, and the lack of an adequately theorized tradition for the novel. The literary text is well known - if not well understood - but the images are from a rare, unpublished, private collection of photographs from Scotland, India and the furthest reaches of Empire (Ovenstone was the Atlantic Freight Manager of Anchor Line Ltd, the Glasgow shipping company). The paper emphasizes the need for the use of codes to decipher the texts. When we “read” the photographs we need to be aware of the intertextual relationship between the photograph and the landscape painting tradition as well as the common practice of the created tableau – there is then overlaid upon the image the sense of a set of conventions, a system which operates much like a language. We are able to discover through the notion of the “long quotation from appearances” the potential for more complex “synchronic” readings. Likewise, in the case of Gillespie, the novel operates within a genre which determines a “reading”. When we are aware of a code, we become aware of the way that Hay manoeuvres adroitly to thwart the reader’s best efforts to settle upon a preferred reading – especially one shaped by an authoritative narrator - which thereby allows for the genuine experience of “heteroglossia” to emerge. The notion of truth in Gillespie is interrogated in the light of Heidegger’s essay “The Origins of a Work of Art” in order that the relationship between representation and reality be clarified.


Author(s):  
Gabriela Rodrigues Souza ◽  
Mariana Zuliani Theodoro de Lima

The present work was developed from the review of published articles on the subject addressing the relationship between university-industry-government, Triple Hélix. It is observed that the incentive of the cooperative establishment links between the Triple Helix has been showing a growth, after the implementation of public policies through "Innovation Law". However, there are still several barriers that discourage this interaction, therefore it is necessary to seek ways to encourage the establishment of new ties, in a view of how much cooperation betweenthem is important for economic growth and social development based in knowledge.


2020 ◽  
pp. 164-186
Author(s):  
Marcela Herdova ◽  
Stephen Kearns

This chapter explores the relationship between self-control and decision-making. In particular, it examines various problems with the idea that agents can (and do) exercise self-control over their decisions. Two facts about decisions give rise to these problems. First, decisions do not result from intentions to make those very decisions. Second, decisions are often made when agents are uncertain what to do, and thus when agents lack best judgments. On the common understanding of self-control as an ability to act in line with an intention or best judgment (in the face of counter-motivation), decisions are not, and perhaps cannot, be the subject of self-control. In light of this, the authors propose that this common conception of self-control needs revision. As well as commitment-based self-control, they argue that there is also non-commitment-based self-control—the type of self-control over an action that need not involve any prior evaluative or executive commitment.


Author(s):  
Meagher Dan

This chapter identifies and explores the relationship between the common law principle of legality and the Australian Constitution. To this end, the chapter considers in some detail how the courts might use the Constitution to provide a stronger normative justification for the principle, better fix the content of the rights it operates to protect, and inform how it is applied. The analysis undertaken is based on the view that much of the recent (and likely future) development of the principle in Australia—indeed the principles of statutory interpretation more generally—may well be constitutionally driven. To do so, the present status of the principle of legality is outlined in this chapter. Its evolution in Australian law and the key points of doctrinal controversy and methodological disagreement are also traced and identified.


Author(s):  
O.D. Masloboeva

The article is devoted to the methodological aspect of the philosophy of the «Common cause» of the founder of Russian cosmism. First of all, the author reveals the historical prerequisites for the reflexivity of the projective nature of human activity, achieved through the synergy of the philosophical and scientific worldview, which is expressed in the paradigmatic functioning of culture. It is shown that as social practice became more complex, there was a deepening of awareness of human nature and its activities in the context of philosophical anthropology. The key moments in the development of human thought in the indicated direction are analyzed: Socratic and Kantian revolutions in culture. It is proved that N. F. Fedorov makes another revolution, removing the Kantian dualism of the subjective and objective and thus satisfying the urgent need to realize the attribution of the projective nature of human activity, which organically combines the theoretical and practical sides of social development. It is proved that at the same time Fedorov reproduces the Socratic revolution on a qualitatively new level, rooting after Socrates the moral regulation of «the sons of men « in the Foundation of being. The influence of Russian thought on the birth of the philosophy of «Common cause» is noted. The content of the Fedorov project is investigated: its subject and object, its goal in itself and the conditions for implementation. At the same time, the core of the theoretical justification of the project is revealed. It consists in the recognition of the transformation of the contemplative type of worldview into an active one, which leads to the formulation of the problem of freedom in the context of the relationship between subjective and objective factors in order to understand what depends and what does not depend on the subject of the project in realizing the goal. It is concluded that the theoretical depth and methodological validity of the Fedorov project consists in revealing the dialectics of the essence and phenomenon, i.e. in justifying the need to replace «the question of universal enrichment with the question of universal return of life». The goal of the comparative analysis of global projects is to reflexive the criterion of a truly philosophical project, which consists in the synergy of methodological optimality and worldview sense.


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