scholarly journals Science of the encyclopedia of law in the writings of German jurist Daniel Nettelbladt

2020 ◽  
pp. 76-84
Author(s):  
Oleg Konstantinovich Slobozhaninov
Keyword(s):  
German Idealism ◽  
Legal Concept ◽  
Theoretical Concepts ◽  
Historical School ◽  
The Core ◽  
Legal Science ◽  
Comprehensive Examination ◽  
The Subject ◽  
The Concept Of Law ◽  
Core Idea

 The subject of this research is the identification of legal views of the German jurist Daniel Nettelbladt – a bright representative of science of the encyclopedia of law at the stage of its conception as a science. The source base is comprised of the works of D. Nettelbladt and scientific writings of other legal scholars. The historical legal science does not pay due attention to the ideas and persona of Daniel Nettelbladt. Although, the Russian legal science lacks the monographic research of the political-legal concept of D. Nettelbladt, his scientific writings became the foundation for the Russian and German jurisprudence of the mid XVIII – first quarter of the XIX centuries, until the beginning of the triumph of German idealism (Kant, Hegel) and historical school of law (Hugo, Puchta, Savigny). The scientific novelty is substantiated by the subject and methods of research. The works of Daniel Nettelbladt have not been previously subjected to systemic and comprehensive examination, but his ideas and concepts retain their relevance. The core idea of Daniel Nettelbladt’s encyclopedia of law consists in interpretation of science as a natural law from the rationalistic perspective. He introduced the original theoretical concepts. The author examines the concept of law, jurisprudence, legal system in the context of scholar’s perception. The significance of D. Nettelbladt’s persona and contribution to the development of science of the encyclopedia of law is underlined.

scholarly journals The science of encyclopedia of law in the works of German philosopher and jurist Heinrich Ahrens

2020 ◽  
pp. 148-158
Author(s):  
Oleg Konstantinovich Slobozhaninov
Keyword(s):  
Legal Concept ◽  
Scientific Methods ◽  
Organic Unity ◽  
Legal Science ◽  
Comprehensive Examination ◽  
German Philosopher ◽  
General Scientific ◽  
The Subject ◽  
Historical Comparative ◽  
The Concept Of Law

The subject of this research is the identification of legal views of the German philosopher and jurist Heinrich Ahrens. The source base is comprised of the scientific works of G. Ahrens and other legal scholars. The historical-legal science does not pay sufficient attention to the ideas and persona of Heinrich Ahrens. He was famous during his lifetime, but almost forgotten afterwards. The Russian legal science lacks a monographic research of the political-legal concept of H. Ahrens. Methodological framework consists of the general scientific methods: systemic, logical, historical, comparative; as well as special methods: historical-legal, comparative-legal, formal-legal, and portrait-biographical. The scientific novelty is defined by the subject and methods of research. The central idea of Heinrich Ahrens’ encyclopedia of law is the interpretation of the science of law in its organic unity. The author examines the concept of law and system of law in the scholar’s perception; as well as underlines the prominent figure of H. Ahrens who contributed to development to the science of encyclopedia of law. The scientific works of Heinrich Ahrens have not been previously subjected to systemic and comprehensive examination, while the proposed ideas and concept remain relevant until the present.

scholarly journals Keadilan Hukum Jeremy Bentham dan Relevansinya bagi Praktik Hukum Kontemporer

Humaniora ◽  
2012 ◽  
Vol 3 (1) ◽  
pp. 299
Author(s):  
Frederikus Fios
Keyword(s):  
Global Politics ◽  
Jeremy Bentham ◽  
Ideal Model ◽  
The Core ◽  
The Subject ◽  
Core Idea ◽  
The Universe ◽  
Universe Of Discourse ◽  
British Philosopher ◽  
The Ideal

Fair punishment for a condemned has been long debated in the universe of discourse of law and global politics. The debate on the philosophical level was no less lively. Many schools of thought philosophy question, investigate, reflect and assess systematically the ideal model for the subject just punishment in violation of the law. One of the interesting and urgent legal thought Jeremy Bentham, a British philosopher renowned trying to provide a solution in the middle of the debate was the doctrine or theory of utilitarianism. The core idea is that the fair punishment should be a concern for happiness of a condemned itself, and not just for revenge. Bentham thought has relevance in several dimensions such as dimensions of humanism, moral and utility.  

10. Privacy, access and exclusion

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Land Rights ◽  
Legal Concept ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
English Law

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 examines the legal concept of trespass upon land and describes the most common forms of licence known to English law, which include bare licences, contractual licenses, and licenses coupled with an equity or the grant of an interest. It concludes with a review of various other entitlements to enter another's land – rights which are exercisable by anyone merely by virtue of the fact that he or she is a member of the public (or of a section of the public).

scholarly journals Introduction and Overview

2020 ◽  
pp. 1-18
Author(s):  
Erich H. Reck ◽  
Georg Schiemer
Keyword(s):  
Subject Matter ◽  
General Position ◽  
The Core ◽  
Present Collection ◽  
Mathematical Structuralism ◽  
The Subject ◽  
Core Idea ◽  
Individual Objects

The core idea of mathematical structuralism is that mathematical theories, always or at least in many central cases, are meant to characterize abstract structures (as opposed to more concrete, individual objects). As such, structuralism is a general position about the subject matter of mathematics, namely abstract structures; but it also includes, or is intimately connected with, views about its methodology, since studying such structures involves distinctive tools and procedures. The goal of the present collection of essays is to discuss mathematical structuralism with respect to both aspects. This is done by examining contributions by a number of mathematicians and philosophers of mathematics from the second half of the 19th and the early 20th centuries.

scholarly journals ANTI-SOFT POWER IN POLITICAL THEORY AND PRACTICE

2021 ◽  
Vol 18 (1) ◽  
pp. 40-71
Author(s):  
A. Fenenko
Keyword(s):  
Political Theory ◽  
Soft Power ◽  
World Order ◽  
Theory And Practice ◽  
The Core ◽  
The World ◽  
The Subject ◽  
Core Idea ◽  
The Impact ◽  
Rules Of The Game

Thus, the present article aims at answering the question whether there exists an anti-soft power, both as ideology and practice, which could be efficient enough for the state to protect itself from the impact of external informational and cultural influence. The theory of soft power is based on the idea that its object accepts normative subordination. Consequently, such object should not pursue major political ambitions, should be ready to collaborate within the established world order and, above all, agree with superiority of the world leaders and the rules they impose. Anti-soft power is different. The core idea is that its holder is not willing to comply with the opponent’s superiority as well as its rules of the game. The subject of anti-soft power is politically ambitious and never recognizes its dependence or inferiority. Regardless of being strong or weak, it will not admit its junior or secondary position in a community. We saw a few such subjects during the era of globalization. However, the globalization crisis may change the situation and thus give rise to a new political trend, that is the resurgence of anti-soft power. The article states that anti-soft power has repeatedly blocked the attempts of one country to influence another country. In the course of history, we can single out three main types of policy: 1) the policy based on supremacism, or chauvinism; 2) the policy based on ideological alternatives; 3) the policy based on segment restrictions of the oppo nent’s soft power. Each of these, though, can bring its subjects both political benefits and unwanted costs.

scholarly journals Cerebral localization of higher functions: Memory-related anatomic structures

2020 ◽  
Vol 14 (1) ◽  
pp. 75-79
Author(s):  
Eliasz Engelhardt
Keyword(s):  
Core Memory ◽  
Theoretical Concepts ◽  
The Core ◽  
Current State ◽  
Modern Period ◽  
Cerebral Localization ◽  
The Subject ◽  
Late Modern ◽  
The Brain

ABSTRACT The nature of memory and the search for its localization have been a subject of interest since Antiquity. After millennia of theoretical concepts, shifting from the heart to the brain, then from the ventricles to solid parts, the core memory-related structures finally began to be identified through modern scientifically-based methods at the diencephalic and cortical (hippocampal and neocortical) levels, mostly in the late Modern period, culminating in the current state of knowledge on the subject.

scholarly journals Two Models of the Subject–Properties Structure

Axiomathes ◽  
2019 ◽  
Vol 30 (4) ◽  
pp. 371-390
Author(s):  
Marek Piwowarczyk
Keyword(s):  
Functional Model ◽  
Mathematical Functions ◽  
Proper Understanding ◽  
The Core ◽  
The Subject ◽  
Different Shapes ◽  
Core Idea ◽  
The Relationship

Abstract In the paper I discuss the problem of the nature of the relationship between objects and their properties. There are three contexts of the problem: of comparison, of change and of interaction. Philosophical explanations of facts indicated in the three contexts need reference to properties and to a proper understanding of a relationship between them and their bearers. My aim is to get closer to this understanding with the use of some models but previously I present the substantialist theory of object and shortly argue for its main theses. The two models enabling us the understanding of the subject–properties structure are: the plastic stuff model and the functional model. On the ground of the first a subject is compared to a piece of plastic stuff which is informed by different shapes. Properties are ways how a subject is, they “give” some “figure” to a subject. The core idea of the second model is that essences (performing the role of subjects) are immanent functional laws governing correlations of properties. As such they are similar to mathematical functions which are saturated by values. The relationship between a subject and properties can be grasped by analogy to such a saturation.

scholarly journals Interpretation of jurisprudence and law in the doctrine of T. E. Holland

2021 ◽  
pp. 46-60
Author(s):  
Anton Mikhailovich Mikhailov
Keyword(s):  
Subsequent Development ◽  
Legal Positivism ◽  
Legal Doctrine ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Legal Method ◽  
Legal Science ◽  
Biographical Approach ◽  
The Subject ◽  
Key Aspects

The subject of this research is the legal doctrine of the leading representative of English legal positivism of the last quarter of the XIX – first third of the XX centuries of Thomas Erskine Holland. The article is dedicated to examination of the two key aspects of his concept – comprehension of the nature of jurisprudence as a science, and law as a type of social norm. Leaning on the classic work of the British jurist “The Elements of Jurisprudence” (1880), the author defines the understanding of jurisprudence and law, reveals the historical-cultural meaning of Holland's legal doctrine for the subsequent development of English jurisprudence. Methodological framework is comprised of the historical approach, elements of biographical approach, techniques and procedures of legal hermeneutics, rules and techniques of formal logic, and elements of comparative-legal method. The scientific novelty lies in the fact that this article is first within Russian legal science to conduct the concept analysis of the key theoretical-legal definitions (jurisprudence and law) of T. Holland’s doctrine, as well as reveal the ideological interrelation between the views of the British jurist and the founders of analytical jurisprudence. The author also substantiates the position, according to which Holland's approach towards comprehension of the nature of jurisprudence as a science can be defined as dogmatic. T. Holland's contribution to the development of legal positivism consists in argumentation of the formal and analytical nature of legal science, as well as in carrying out gradual differentiation of positive law from natural and social norms, and analysis of the crucial theoretical concepts of legal science.

scholarly journals Principles of Positivist Jurisprudence in the Teachings of Warsaw Lawyers of the First Third of the XIX Century

2021 ◽  
pp. 113-129
Author(s):  
Oleksiy Kresin
Keyword(s):  
A Priori ◽  
Society Of Friends ◽  
Central European ◽  
The Core ◽  
Legal Thought ◽  
Positive Law ◽  
Legal Science ◽  
The Subject ◽  
Xix Century ◽  
The University

The article is devoted to the extremely rich and insufficiently studied heritage of Polish legal thought. The political and geographical determinants of the chosen research topic are the restoration of statehood in central Polish lands in 1807 (Duchy of Warsaw and the Kingdom of Poland) and the defeat of the November Uprising (1830-1831) followed by measures taken by the Russian authorities to limit the autonomy of the Kingdom of Poland. The intellectual milestones are the founding of the School of Law in 1807 (later the Faculty of Law of the University of Warsaw), and the closure of the University of Warsaw in 1831, as well as the significant emigration of scientists in the same year and the liquidation of the Society of Friends of Science in 1832. The intellectual milestones are also European (and first of all Central European) processes of legal thought evolution in the second half of the XVIII – first third of the XIX century, which led to the formation of the first and still insufficiently understood and studied positivism in jurisprudence, being a profound phenomenon that reveals the essence of positivism in legal thought in general. The study found that the basic principle of jurisprudence in the vision of most Warsaw scholars during the study period was its independence from a priori and metaphysical philosophizing, and vice versa, the formation of its own philosophical and legal discourse (philosophy of positive law) based on generalization and understanding of research results. It was recognized that legal science should be a fundamentally new system of legal knowledge – positivist and social. Recognizing the historical and modern pluralism of such an organization of knowledge, Warsaw scholars have unequivocally identified themselves with the Central European jurisprudence, the core of which is the German. Warsaw scholars believed that jurisprudence was based on historical, dogmatic and philosophical approaches. Accordingly, they considered three relatively separate areas of scientific knowledge, which together can be considered as a single legal science or a system of interrelated legal sciences. Depending on the emphasis in the views of scholars on the fundamental or applied side of legal science, this system was seen differently, as well as the subject of jurisprudence – universal or more national. It can be argued that this to some extent correlated with the predominance in the views of certain scholars of the principles of historical-philosophical or historical schools.

Social innovation for modified consumption by means of the school subject Art and craft

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Anita NEUBERG
Keyword(s):  
General Education ◽  
Primary Schools ◽  
Social Innovation ◽  
School Subject ◽  
Art And Design ◽  
The Core ◽  
Causal Mechanisms ◽  
The Subject

In this paper I will take a look at how one can facilitate the change in consumption through social innovation, based on the subject of art and design in Norwegian general education. This paper will give a presentation of books, featured relevant articles and formal documents put into context to identify different causal mechanisms around our consumption. The discussion will be anchored around the resources and condition that must be provided to achieve and identify opportunities for action under the subject of Art and craft, a subject in Norwegian general education with designing at the core of the subject, ages 6–16. The question that this paper points toward is: "How can we, based on the subject of Art and craft in primary schools, facilitate the change in consumption through social innovation?”

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