scholarly journals Genesis, nature, and specificity of application of realistic approach in the history of American legal thought

Author(s):  
Vladimir Sergeevich Gruzdev

The subject of the study is the American legal thought of the period of its establishment and theoretical conceptualization, which was closely related to such characteristic as the realistic approach towards law that stood apart in the sociological and realistic directions. The attempts of interpreting the views of this regional intellectual group of legal experts as the classical version of legal realism are subjected to critical reevaluation. For assessing the specificity and content of the direction of legal thought referred to as “American legal realism”, the author explores the philosophical-methodological grounds of the cognition of law and interpretation of its concepts in the context of the aforementioned trend, separate substantial aspects of the genesis of realistic approach towards legal problematic in the history of American legal thought, as well as specificity of such characteristics of the court function as “judicial legislation” in through the prism of “legal realism”.  The novelty of this research consists in detailed clarification of certain essential aspects of the genesis and evolution of American legal thought. Emphasis is placed on the poorly studied aspects of the criticism of legal realism in American literature. The latter is used rarely or fragmentally in the Russian research dedicated to the application of realistic approach towards law in the United States, including correlations with some European direction of “realistic” jurisprudence. Examination of philosophical-methodological framework of American legal realism allows revealing significant inaccuracies and distortions in classification of this trend as realistic, which in fact is rather of nominalistic nature. Realistic in relation to this trend of American legal thought is applicable only to separate characteristics of the sociological study of justice.

2020 ◽  
Vol 15 (2) ◽  
pp. 68
Author(s):  
А. Н. Сухов

This given article reveals the topicality not only of destructive, but also of constructive, as well as hybrid conflicts. Practically it has been done for the first time. It also describes the history of the formation of both foreign and domestic social conflictology. At the same time, the chronology of the development of the latter is restored and presented objectively, in full, taking into account the contribution of those researchers who actually stood at its origins. The article deals with the essence of the socio-psychological approach to understanding conflicts. The subject of social conflictology includes the regularities of their occurrence and manifestation at various levels, spheres and conditions, including normal, complicated and extreme ones. Social conflictology includes the theory and practice of diagnosing, resolving, and resolving social conflicts. It analyzes the difficulties that occur in defining the concept, structure, dynamics, and classification of social conflicts. Therefore, it is no accident that the most important task is to create a full-fledged theory of social conflicts. Without this, it is impossible to talk about effective settlement and resolution of social conflicts. Social conflictology is an integral part of conflictology. There is still a lot of work to be done, both in theory and in application, for its complete design. At present, there is an urgent need to develop conflict-related competence not only of professionals, but also for various groups of the population.


Author(s):  
Vladimir Gurin ◽  
Elena Obletsova

The subject of this research is the proverbs and sayings with lexical components “truth” and “lie” in the English language. The relevance of their studying is substantiated by the need in theoretical conceptualization and practical implementation of these phraseological units in aspect of the problem of interrelation between cultural and language, which contributes to more profound understanding of national mentality reflected in the English linguistic worldview. The article explores and analyzes the phenomena of proverbs and sayings, determines their common and differentiating traits. Using the method of semantic analysis, the author develops the classification of proverbs and sayings with lexical components “truth” and “lie”, as well as describes theory structure. As a result of the conducted research, the author determined 31 proverbs and sayings. They reveal the multifaceted nature of human existence, elucidate the perception of truth and lie in the English-language world. Truth and lie are associated with the means of achieving something. At the same time, truth does not always has a positive connotation, but serve as a tool for causing harm to others. Lie is the reason of negative, undesired events.


1970 ◽  
Vol 6 (1) ◽  
pp. 59-68
Author(s):  
Waldemar Szczerbiński

The subject of the following discourse is, as the title itself points out, the anthropology of Heschel. Considering the fact that Heschel is in general unknown in Poland, I shall take the liberty to make known, in short, some pieces of information about him. Heschel was born in Warsaw, Poland on January 11th 1907. After graduating from the Gymnasium in Wilno he started his studies at Friedrich Wilhelm Universität, Berlin. At the Berlin University he studied at the Philosophy Department and, additionally, he took up studies in the sphere of Semitic Philosophy and History of Art. In 1937 Heschel was chosen by Martin Buber as his successor at Mittelstelle für Jüdische Erwachsenen-Bildung in Frankfurt on the Main. In October he was arrested by the Gestapo and deported to Poland together with all the Jews of Polish nationality. After returning to Warsaw he taught philosophy and biblical sciences at the Institute of Jewish Studies. Six weeks before the German aggression against Poland he left for England and then for the United States where he stayed until his death. He was the Professor at the Jewish Theological Seminary in New York. Except for his didactical activity, our philosopher did not neglect creative work. As time went on he was becoming a more and more well-known and appreciated intellectualist and social worker in America. His activity went far beyond the boundaries of the Jewish world.


2020 ◽  
pp. 264-268
Author(s):  
Irina Podoynitsyna

The theses of the report are devoted to the problem of functioning of private universities in society, deter-mining their place in the educational process. A parallel is drawn with the work of private educational institutions in the United States, which have a glorious history of development dating back to the XVII century. The author of the theses relies on the analysis of special literature on this issue, formulates the success factors of American universities and the «failure factors» of Yakut private universities, and also refers to a large-scale sociological study of graduates of the Yakut Institute of Economics conducted under her leadership (Yakutsk, 469 respondents, 2016, 2017, 2018). The Author of the theses of the report con-cludes that in Russia the history of private universities began in the 90s of the twentieth century, it is quite dramatic. Branches of the capital's private universities operating in the province are at the greatest disad-vantage today. At the same time, sociologists should work on mistakes, study in detail the pros and cons of non-state universities and suggest ways to correct the situation.


PMLA ◽  
2004 ◽  
Vol 119 (1) ◽  
pp. 92-102 ◽  
Author(s):  
Takayuki Tatsumi

Literary history has always mirrored discursive revolutions in world history. In the United States, the Jazz Age would not have seen the Herman Melville revival and the completion of Carl Van Doren's The Cambridge History of American Literature (1917–21) without the rise of post–World War I nativism. If it had not been for Pearl Harbor, F. O. Matthiessen's American Renaissance (1941) could not have fully aroused the democratic spirit embedded in the heritage of New Criticism. Likewise, the postcolonial and New Americanist climate around 1990, that critical transition at the end of the cold war, brought about the publication of Emory Elliott's The Columbia Literary History of the United States (1988) and Sacvan Bercovitch's The Cambridge History of American Literature (1994–). I would like to question, however, the discourse that narrates American literary history in the globalist age of the twenty-first century.


1929 ◽  
Vol 11 ◽  
pp. 30-49 ◽  
Author(s):  
Noël Moon

The question of the classification of the red-figured vases of Magna Graecia is still highly controversial. So is the question of the foremost seat of the industry, and of the development of the fabric or fabrics. A good deal is being done at the moment in various quarters towards straightening out the problem, but divergence of opinion on essential points is still wide. This article does not attempt to give another complete classification, nor is it intended primarily to resuscitate admiration for works of art wilfully neglected, to cry shame on those who hurry through museum rooms of South Italian exhibits to reach the Attic. It suggests, however, that there might be a pause in these rooms if examples of the best South Italian work were always there. But not infrequently the best have been put among the Attic. Many too are in comparatively inaccessible places and are unpublished. There are several good ones in England that are little known, being in private collections or unexpected museums. Some of these I am publishing, as well as one or two of those that in their museums are thought to be Attic. I am also describing briefly the different groups to which these vases belong, in an attempt to lay down new lines on which the subject may be approached.


Author(s):  
Rachel D. Brown

The subject of Muslim integration has been the focus of much policy development, media engagement, and everyday conversation in France. Because of the strong rhetoric about national identity—a national identity based on Republican ideals of universalism, equality, and French secularism (laïcité)—the question often becomes, “Can Muslims, as Muslims, integrate into French society and ‘be’ French?” In other contexts (e.g., the United States), religion may act as an aid in immigrants’ integration. In Europe, and France specifically, religion is viewed as an absolute hindrance to integration. Because of this, and thanks to a specific migration history of Muslims to France, the colonial grounding for the development of French nationality and secularism, and the French assimilationist model of integration, Muslims are often viewed as, at best, not able to integrate and, at worst, not willing to integrate into French society. The socioeconomic inequality between Muslim and non-Muslim French (as represented by life in the banlieues [suburbs]), the continued labeling of second- and third-generation North African Muslim youth as “immigrants,” the occurrence of terrorist attacks and radicalization on European soil, and the use of religious symbols (whether the head scarf or religious food practices) as symbols of intentional difference all add to the perception that Muslims are, and should be, the subject of integration efforts in France. While the discourse is often that Muslims have failed to integrate into French society through an acceptance and enactment of French values and policies, new research is suggesting that the “failed” integration of Muslims reveals a deeper failure of French Republican universalism, equality, and secularism.


Archaeologia ◽  
1926 ◽  
Vol 75 ◽  
pp. 61-76 ◽  
Author(s):  
Michael C. Andrews

We all know what maps are. Most of us have occasion to use them frequently. Many of us, no doubt, have spent pleasant hours in our studies, performing, with their help, what have been called ‘armchair travels ‘. But only a few have been led to inquire into the history of maps and mapmaking, and fewer still have interested themselves in that period of the history of cartography which is the subject of this paper—the medieval period.


Prospects ◽  
1995 ◽  
Vol 20 ◽  
pp. 387-404
Author(s):  
Emily Miller Budick

InPlaying in the Dark, Toni Morrison sets out to chart a new “geography” in literary criticism, to provide a “map” for locating what she calls the “Africanist” presence in the American literary tradition. The assumption of Americanist critics, she argues, has been that “traditional, canonical American literature is free of, uninformed, and unshaped by the fourhundred-year-old presence of, first, Africans and then, African Americans in the United States. It assumes that this presence — which shaped the body politic, the Constitution, and the entire history of the culture — has had no significant place or consequence in the origin and development of that culture's literature.” For Morrison, recording the Africanist presence produces nothing less than an absolute revision of our notion of what constitutes the American literary tradition.


2020 ◽  
Vol 1 (RL. 2020. vol.1. no. 2) ◽  
Author(s):  
Irina Podoynitsyna

The article is devoted to the problem of functioning of private universities in society, determining their place in the educational process. A parallel is drawn with the work of private educational institutions in the United States, which have a glorious history of development dating back to the XVII century. The author of the article relies on the analysis of special literature on this issue, identifies success factors of American universities and “failure factors” of private universities in Yakutia, and also refers to a large-scale sociological study of graduates of the M. K. Ammosov North-Eastern Federal University. Research conducted under his leadership (Yakutsk, 469 respondents, 2016, 2017, 2018). The Author concludes that the history of private universities in Russia, which began in the 90s of the twentieth century, is quite dramatic. Branches of the capital's private universities operating in the province are at the greatest disadvantage today. The current situation requires a detailed sociological analysis, a comparative analysis of the performance of public and private universities and identification of the pros and cons of non-state universities on this basis, in order to develop recommendations for correcting the situation.


Sign in / Sign up

Export Citation Format

Share Document