scholarly journals Correlation between Philosophy and Theory of State and Law

2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Oleg Grygor ◽  
Yuri Krysiuk ◽  
Angela Boyko ◽  
Vadim Zubov ◽  
Igor Sinegub
Keyword(s):  
Civil Rights ◽  
Theoretical Aspect ◽  
The State ◽  
Theory And Practice ◽  
Philosophy Of Law ◽  
Depth Study ◽  
History Of ◽  
Theory Of Law ◽  
The Relationship

At first glance, the relationship between philosophy and theory of law is not applied but is considered a purely theoretical aspect. This thesis is not correct due to the adoption of the European legal standard of human and civil rights, the role of philosophy of law, the foundations of the theory of state and law in the training of lawyers, the formation of future lawyers of high philosophical and methodological culture.In this article, based on the analysis of the history of philosophy of law and the general theory of state and law and their development, the authors justify as an autonomous status in the jurisprudence of the two disciplines, their relationship and vice versa - differences.To do this, the authors explored the historical excursion of world philosophical and legal thought, grouped scientific and theoretical views on the relationship between philosophy of law and theory of state and law and provided an argument for the close intersection of philosophy of law and theory of state and law, mobility between scientific disciplines.Close contact between philosophy and jurisprudence contributes to the understanding of law not only as a function of the state but also the essence of human spirituality.The authors concluded that the in-depth study of scientific and theoretical aspects of the relationship between philosophy, philosophy of law and theory of state and law is the result of bridging the gap between theory and practice and will further focus on expanding the interaction of philosophy, theory and law results of the functioning of the state and law.Emphasizing the relevance of the topic in terms of bridging the significant gap between theory and practice, between the declarative provisions of laws and their actual implementation, the legal, scientific community is increasingly expanding to enter the plane of the practical application of philosophical - theoretical thought.

scholarly journals Muslim Clergy vs. Authority in Contemporary Afghanistan: View from Uzbekistan

2020 ◽  
Vol 20 (4) ◽  
pp. 747-762
Author(s):  
Abdusamat Akhatovich Khaydarov
Keyword(s):  
Negotiation Process ◽  
The State ◽  
Modern World ◽  
Historical Method ◽  
Political Processes ◽  
Depth Study ◽  
Direct Inter ◽  
The Relationship ◽  
Islamic Institutions

Significant geopolitical changes taking place in the modern world in recent decades urge us to take a fresh look at the role of Islam and the clergy in the political processes of a number of countries of the Muslim world. This perspective is especially relevant vis--vis Afghanistan where a fierce war is being waged under the slogans of Islam for more than four decades. The purpose of this research is an in-depth study of the relationship between the state and the Muslim clergy, Islamic institutions in the development of political processes in Afghanistan since the mid-70s of the last century. The article reflects shaping of the Islamic opposition and its efforts to stand up to innovations and reforms during attempts of the Soviet stile modernization in 1978-1992, and then the efforts to democratize Afghan society, undertaken in Afghanistan since the end of 2001 with the assistance of the international community. The work is based on the study of factual historical material, a chronicle of the events of the last decade and personal observations of the author during his work in Afghanistan during the mentioned period. Analytical materials published on the pages of English and Russian mass media were used. The methodological basis of this study is the comparative historical method; the article is based on the principles of historicism, reliability and scientific objectivity. The author concludes that the conflict is based on mistakes and underestimation by the state the role and influence of the Muslim clergy and Islamic institutions of the country. It has been noted that the recently reached US - Taliban agreements, as well as the assistance of such influential players as Russia, sparkle hope for the launch of a direct inter-Afghan negotiation process, which most likely will not be as simple but thorny.

The Myth of Judicial Independence

2020 ◽  
Author(s):  
Mike McConville ◽  
Luke Marsh
Keyword(s):  
Separation Of Powers ◽  
Material Point ◽  
The State ◽  
Theory And Practice ◽  
Home Office ◽  
Democratic Polity ◽  
The Individual ◽  
Relationship Of ◽  
The Relationship

This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the separation of powers are unearthed. The book argues that the claims of the senior judiciary to be independent of the executive are invalidated by historical records and the theory and practice of the separation of powers (the ‘Westminster Model’) deeply flawed. Rather, at every material point, civil servants compromised the role of the senior judiciary’s decision-making. Moreover, with the passive endorsement of senior judges, the executive repeatedly misled Parliament as to the authorship and provenance of fundamental rules governing the relationship of the individual to the state in relation to police powers of arrest, detention, and questioning. The book also explores the past and continuing impact of all this to former colonial territories and traces the close liaison between key members of the senior judiciary and the state in reconfiguring the modern criminal process in a way which weakens defence lawyers, pressurizes defendants into pleading guilty, and undermines cardinal adversarial protections.

Citizens of the future1

2017 ◽  
Author(s):  
Val Gillies ◽  
Rosalind Edwards ◽  
Nicola Horsley
Keyword(s):  
The State ◽  
History Of Ideas ◽  
Capitalist System ◽  
History Of ◽  
Role Of Parents ◽  
The Relationship ◽  
The Way

This chapter explores the history of ideas about intervention in family, highlighting attempts to shape children's upbringing for the sake of the nation's future. A consistent and influential idea has been that undesirable attitudes and actions, and the propensity for deprivation, are transmitted down the generations through the way that parenting shapes children's minds and brains. The chapter considers the relationship between interventions designed to address fears about the state of the nation in the form of poverty, crime, and disorder, and understandings of the role of parents and families as they link to shifting emphasises of the capitalist system across time.

scholarly journals Strategy in the Contemporary World

2015 ◽  
Keyword(s):  
Theory And Practice ◽  
Global Politics ◽  
Ancient Greek ◽  
Contemporary World ◽  
Technological Developments ◽  
History Of ◽  
Operational Issues ◽  
Historical Issues ◽  
The Relationship

Strategy in the Contemporary World presents an introduction to the role of military power in today's world. This edition explores both the enduring and historical issues which have shaped the study of strategy and the contemporary issues that dominate today's headlines. The new edition has been updated to reflect the changing structure of global politics and rapid technological developments, with the inclusion of four new chapters on the history of the practice of strategy, geopolitics and grand strategy, strategy and defence planning, and the theory and practice of continental warfare. These address issues such as the history of warfare from the Ancient Greek to Napoleonic eras; the relationship between strategy and operational issues; and the theory-practice relationship, via four case studies. Chapters presents readers with a diversity of perspectives and voices, and in each a debate box is employed to explore the opposing arguments around key controversies.

Der Staat als Genossenschaft

2021 ◽  
Keyword(s):  
Historical Analysis ◽  
State Level ◽  
The State ◽  
History Of Political Thought ◽  
History Of ◽  
University College London ◽  
Legal Thinking ◽  
Key Terms ◽  
The Relationship

Langtext engl.: Otto von Gierke (1841–1921) has had a lasting influence on key terms and concepts related to the modern understanding of the state. This volume is divided into three systematic parts, in which Gierke's political and legal thinking is analysed from the different specialist perspectives of sociology, history, political science and jurisprudence. The focus of these different perspectives is his organic understanding of law and the state, which he consciously developed in different genres. At the same time, it also becomes clear what, if anything, can be taken from Otto von Gierke’s ideas for our own contemporary understanding of the state. The principle of subsidiarity and Gierke's strong emphasis on the role of communities and corporations below the state level, for example, make this particularly tangible. Gierke's work develops the relationship between cooperative law and constitutional law, thus succeeding in developing an innovative, organic understanding of law and the state on the basis of a comprehensive historical analysis. Prof. Dr. Peter Schröder is Professor of the History of Political Thought in the Department of History at University College London. With contributions by Niall Bond, Martin Espenhorst, Ben Holland, Céline Jouin, Jasper Kunstreich, Peter Nitschke, Tilman Repgen, Joachim Rückert, Jan Schröder, Peter Schröder and Helga Spindler.

scholarly journals Тhe role of M. Gorky in the history of the publishing house “Detgiz”

2020 ◽  
Vol 18 (2) ◽  
pp. 407-424
Author(s):  
Elena Kudrina ◽  
Keyword(s):  
Publishing House ◽  
Central Committee ◽  
The State ◽  
Two Cities ◽  
History Of ◽  
The Creation ◽  
The Relationship ◽  
Preparatory Work

On September 9, 1933 the Central Committee of the CPSU(b) has issued a resolution on the establishment of the new press directed at children, the State Publishing House “Detgiz”. M. Gorky took part in the preparatory work for this resolution. He served as the main initiator and ideologue who inspired the creation of this new children’s publishing house. The article attempts to reveal Gorky’s role in the history of the Detgiz which was created as a unified entity of the publishing house “Young Guard” and the State Publishing House of Fiction (GIKHL). The new publishing house was located in two cities — Moscow and Leningrad – and this situation has affected its work and the relationship between the press’s editors. Gorky’s correspondence from the Gorky Archive in Moscow (IWL RAS), as well as various letter exchanges and the analyses of his contemporaries ‘recollections restore for us the turbulent history surrounding the foundation of this highly important and unique press.

How Finance Colonised Aotearoa: A Concise Counter-History

2019 ◽  
Vol 7 ◽  
pp. 41
Author(s):  
Catherine Cumming
Keyword(s):  
Financial Institutions ◽  
The State ◽  
Colonial History ◽  
Financial Instruments ◽  
Financial History ◽  
Early Colonial ◽  
History Of

This paper intervenes in orthodox under-standings of Aotearoa New Zealand’s colonial history to elucidate another history that is not widely recognised. This is a financial history of colonisation which, while implicit in existing accounts, is peripheral and often incidental to the central narrative. Undertaking to reread Aotearoa New Zealand’s early colonial history from 1839 to 1850, this paper seeks to render finance, financial instruments, and financial institutions explicit in their capacity as central agents of colonisation. In doing so, it offers a response to the relative inattention paid to finance as compared with the state in material practices of colonisation. The counter-history that this paper begins to elicit contains important lessons for counter-futures. For, beyond its implications for knowledge, the persistent and violent role of finance in the colonisation of Aotearoa has concrete implications for decolonial and anti-capitalist politics today.  

Muscovy and the Tatars

2020 ◽  
Vol 54 (4) ◽  
pp. 403-431
Author(s):  
Bulat R. Rakhimzianov
Keyword(s):  
Seventeenth Century ◽  
Social Institutions ◽  
The Political ◽  
East European ◽  
Central Eurasia ◽  
History Of ◽  
Mutual Relations ◽  
Forest Line ◽  
The Relationship

Abstract This article explores relations between Muscovy and the so-called Later Golden Horde successor states that existed during the fifteenth and sixteenth centuries on the territory of Desht-i Qipchaq (the Qipchaq Steppe, a part of the East European steppe bounded roughly by the Oskol and Tobol rivers, the steppe-forest line, and the Caspian and Aral Seas). As a part of, and later a successor to, the Juchid ulus (also known as the Golden Horde), Muscovy adopted a number of its political and social institutions. The most crucial events in the almost six-century-long history of relations between Muscovy and the Tatars (13–18th centuries) were the Mongol invasion of the Northern, Eastern and parts of the Southern Rus’ principalities between 1237 and 1241, and the Muscovite annexation of the Kazan and Astrakhan khanates between 1552 and 1556. According to the model proposed here, the Tatars began as the dominant partner in these mutual relations; however, from the beginning of the seventeenth century this role was gradually inverted. Indicators of a change in the relationship between the Muscovite grand principality and the Golden Horde can be found in the diplomatic contacts between Muscovy and the Tatar khanates. The main goal of the article is to reveal the changing position of Muscovy within the system of the Later Golden Horde successor states. An additional goal is to revisit the role of the Tatar khanates in the political history of Central Eurasia in the fifteenth and sixteenth centuries.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

THEORY OF LAW AND PHILOSOPHY OF LAW AS THEORETICAL DISCOURSES: SPECIFICS AND RELATIONSHIP

2020 ◽  
pp. 9-17
Author(s):  
Вадим Леонидович Афанасьевский
Keyword(s):  
Scientific Knowledge ◽  
Scientific Theory ◽  
Theoretical Concept ◽  
Philosophy Of Law ◽  
The West ◽  
Scientific Creativity ◽  
Key Characteristics ◽  
Different Types ◽  
Theory Of Law ◽  
The Relationship

В статье анализируется проблема взаимоотношений философии права и научной теории права. Рассматриваемая проблема стала особенно актуальной в российском образовательном пространстве в связи с введением после длительного перерыва в государственный образовательный стандарт магистратуры по юриспруденции учебной дисциплины «Философия права». Автор статьи в качестве базисного принимает тезис, согласно которому философия права, являясь сферой философской мысли, и теория права как область научного социогуманитарного знания представляют собой разные типы теоретического дискурса. Исходя из этого, в статье выстраивается теоретическая концепция, согласно которой задачей философии права как философского типа мышления является конструирование или экспликация онтологических, эпистемологических, аксиологических, феноменологических оснований для формирования и функционирования научных теоретико-правовых и историко-правовых построений. Для реализации поставленной в статье задачи подробно рассматриваются ключевые характеристики как теории философского типа, так и идеалов, норм и характеристик научного знания. Выявленное различие экстраполируется на взаимоотношение теории права как продукта научного творчества и философии права как конструкции, задающей базовые мировоззренческие смыслы. В качестве примера выработанных философией права и государства оснований научных теорий прогресса, государства, морали и права, автор приводит взгляды мыслителей западноевропейской философской классики: Т. Гоббса, Ж.-Ж. Руссо, И. Канта, Г.В.Ф. Гегеля. Именно их философские концепции предопределили образы теоретико- и историко-правовых учений XVIII, XIX, XX и даже начала XXI в. Таким образом, отношение философии права и теории права выстраивается по «вертикали»: от онтологического основания к возведению теоретико-правовых и историко-правовых научных построений. The article analyzes the problem of the relationship between the philosophy of law and the scientific theory of law. The problem under consideration has become especially urgent in the Russian educational space in connection with the introduction of the Philosophy of Law discipline master's degree in law after a long break. The author of the article takes as the basis the thesis that the philosophy of law, being the sphere of philosophical thought, and the theory of law as a field of scientific socio-humanitarian knowledge are different types of theoretical discourse. Based on this, the article builds a theoretical concept according to which the task of the philosophy of law as a philosophical type of thinking is the construction or explication of ontological, epistemological, axiological, phenomenological grounds for the formation and functioning of concrete scientific theoretical and legal and historical and legal constructions. To implement the task posed in the article, the key characteristics of both a theory of a philosophical type and ideals, norms and characteristics of scientific knowledge are examined in detail. The revealed difference is extrapolated to the relationship between the theory of law as a product of scientific creativity and the philosophy of law as a construction that sets basic philosophical meanings. As an example of the foundations of the scientific theories of progress, state, morality and law developed by the philosophy of law and the state, the author gives the views and thinkers of the West European philosophical classics T. Hobbes, J.-J. Russo, I. Kant, G.V.F. Hegel. It was their philosophical concepts that predetermined the images of theoretical and historical-legal doctrines of the XVIII, XIX, XX and even the beginning of the XXI centuries. Thus, the attitude of the philosophy of law and the theory of law is built along the «vertical»: from the ontological foundation to the construction of theoretical and historical and historical legal scientific constructions.

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