scholarly journals Detailed Description of Legal Experiment

2021 ◽  
Vol 1 ◽  
pp. 14-18
Author(s):  
I. B. Chagin ◽  
Keyword(s):  
Foreign Language ◽  
Social Relationships ◽  
The Other ◽  
Instrumental Approach ◽  
Previous Formulation ◽  
Domestic Legislation ◽  
Legal Effect ◽  
The One ◽  
Definition Of ◽  
Law Making

The phenomenon of a legal experiment and current problems that are of their nature are researched here. The notion of law is based on the instrumental approach and identified as the new tendency of law-making development which lies in necessity to identify possible effects that a regulatory act can have towards social relationships. It is alleged that all jurisprudence practice is made up of estimation procedures. The own interpretation of a “legal effect” is given here. It is identified that some rules of law are not always possible to predict their influence, therefore those who are given law-making authority have to use the mechanism of a legal experiment in their practice. The approaches to understanding of legal experiment that there are in the theory of state and law. They are set out and analyzed extensively. The definition of legal experiment from existing legislation was explored. The approach to understand the legal experiment was formulated. On the one hand, this approach accumulates all previous formulation in this area, but the other hand it proposes new view of nature legal experiment. In the source base has been invested the regulation of existing domestic legislation and also doctrinal writings in this area including foreign-language. There is innovativeness to research the legal experiment here. Innovativeness lies in the integrated vision of nature of legal experiment. It has great mythological importance to all legal science. The conclusion of understanding of legal experiment as a method of legal prediction has been done. There was defined the place of legal experiment in the semantic row of the theory of state and law. The nature of understanding of legal experiment has been determined on the basis of author approach.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

A Constitution for a Nonstate

2014 ◽  
Vol 43 (2) ◽  
pp. 42-58
Author(s):  
Emilio Dabed
Keyword(s):  
The Other ◽  
The Political ◽  
Constitutional Order ◽  
Economic Context ◽  
Basic Law ◽  
History Of ◽  
The One ◽  
Constitutional Regime ◽  
The Relationship ◽  
Law Making

This article sheds new light on the political history of legal-constitutional developments in Palestine in the fourteen years following the Oslo Accord. It examines the relationship between the unfolding social, political, and economic context in which they arose, on the one hand, and PA law-making and legal praxis, on the other. Focusing on the evolution of the Palestinian Basic Law and constitutional regime, the author argues that the “Palestinian constitutional process” was a major “battlefield” for the actors of the Palestinian-Israeli conflict. Thus, changes in the actors' political strategies at various junctures were mirrored in legal-constitutional forms, specifically in the political structure of the PA. In that sense, the constitutional order can be understood as a sort of “metaphoric representation” of Palestinian politics, reflecting, among other things, the colonial nature of the Palestinian context that the Oslo process only rearticulated. This perspective is also essential for understanding the evolution of the Palestinian-Israeli conflict after Oslo.

scholarly journals Violence in social memory intimate beliefs regarding operation storm in the Croatian and Serbian publics

2008 ◽  
Vol 19 (1) ◽  
pp. 43-68
Author(s):  
Gordana Djeric
Keyword(s):  
Social Relationships ◽  
Social Memory ◽  
The Other ◽  
Silence Suppression ◽  
Starting Point ◽  
The One ◽  
Performance Character ◽  
The Relationship ◽  
Shed Light ◽  
Manipulation Strategy

This text is part of a research conducted under the working title "What do we talk about when we are silent and what are we silent about when we are talking? - premises for the anthropology of silence about the nearest past." In the first part the author investigates the meaning of silence in the Croatian and Serbian press right before and during Croatia's Operation Storm. The ratio between silence, suppression of information and forgetting, on the one hand, and social memory, on the other, has been elaborated in the final part of the text by following reports about the anniversaries of Operation Storm in both Croatian and Serbian publics. The starting point lies in the belief that the phenomenon of silence (and suppression of information), being an immanent part of each discourse, represents an important factor in the creation of social relationships and system of value models, that it has important communication and cognitive functions and that the performance character lies in its essence. In short, silence makes it possible to form the prevailing image about this event, even if it does not construct it indirectly - through speech. The author has elaborated on the meaning of silence in the context of Operation Storm partly because studies about the breakup of Yugoslavia frequently mention silence as a manipulation strategy employed by some of the sides in the conflict (or analysts dealing with Yugoslav topics), while not a single study systematically investigates the semantic of silence and suppression of information in these conflicts. Most importantly, taking into account the frequency of direct silence in the newspaper discourse and rhetoric strategies that point at silence indirectly from the context and discourse, the author focuses on the relationship between the event (situation) and silence. In order to shed light on the way in which Operation Storm is remembered, i.e. forgotten, in the stakeholders' publics and political imageries, she follows the dailies - Vecernje Novosti Politika, Danas (Belgrade) - Vecernji List, Jutarnji List, Magazin supplement of the Jutarnji List (Zagreb), as well as texts about Operation Storm in weeklies such as the NIN and Vreme of Belgrade or Globus of Zagreb in the period between August 2, 1995 and mid-August 2006.

scholarly journals Emotionally evaluative attitude of parents in the high conflict families to each other and the child

2016 ◽  
Vol 6 (4) ◽  
pp. 126-141
Author(s):  
S.S. Kulakov
Keyword(s):  
Negative Attitude ◽  
Semantic Differential ◽  
The Other ◽  
Dysfunctional Families ◽  
Psychiatric Examination ◽  
High Conflict ◽  
The One ◽  
Definition Of ◽  
The Relationship ◽  
Conflictual Relationship

The increasing number of dysfunctional families causes an increase in the number of civil litigation on the education of the child, where the relationship between the persons are highly conflictual. The actual task is study the one of components in the structure of the psychological relationship - emotional and semantic constructs underlying semantic perception of each other and the child's parents. Examination of 42 testees (parents) from harmonious families and 54 testees (parents) during the forensic psychological and psychiatric examination (regarding the definition of child`s residence or the order of meetings for the child and the parent who don`t live with it) by methods "Geometric test of relations" and "Semantic Differential" showed that in families where is highly conflictual relationship, there is positive assessments of herself and her child, while assessment of the spouse (wife) characterized inversion. This negative attitude toward the spouse (wife) is not the other parent's negative characteristics. It is the ignoring the other parent's positive characteristics. The positive acceptance of all family members was revealed in harmonious families.

scholarly journals Handling i narratologien, litteraturen og livet

2006 ◽  
Vol 34 (101) ◽  
pp. 122-139
Author(s):  
Thor Grünbaum
Keyword(s):  
The Other ◽  
Final Part ◽  
Communicative Function ◽  
Other Hand ◽  
The One ◽  
Definition Of

Action in Narratology, Literature, and LifeIn this article I argue that the representation of simple, bodily action has the function of endowing the narrative sequence with a visualizing power: It makes the narrated scenes or situations ready for visualization by the reader or listener. By virtue of this visualizing power or disposition, these narrated actions disrupt the theoretical divisions, on the one hand, between the narrated story and the narrating discourse, and on the other hand, between plot-narratology and discourse-narratology. As narrated actions they seem to belong to the domain of plot-narratology, but in so far as they serve an important visualizing function, these narrated actions have a communicative function and as such they can be said to belong to the domain of discourse-narratology. In a first part of the article, I argue that a certain type of plot-narratology, due to its retrospective epistemology and abstract definition of action, is unable to conceive of this visualizing function. In a second part, I argue that discourse-narratology fares no better since the visualizing function is independent of voice and focalization. In a final part, I sketch a possible account of the visualizing function of simple actions in narratives.

Self-Cognizing Intellect and Negative Attributes in Maimonides' Theology

1994 ◽  
Vol 87 (4) ◽  
pp. 461-472 ◽  
Author(s):  
Hannah Kasher
Keyword(s):  
The Other ◽  
Introductory Essay ◽  
The One ◽  
Definition Of ◽  
Guide Of The Perplexed ◽  
Negative Attributes

In his introductory essay on the philosophical sources of The Guide of the Perplexed, Shlomo Pines points out a well-known contradiction between two conceptions of God in Maimonides' theology. On the one hand, Maimonides borrowed the Aristotelian definition of God as the intellect that cognizes itself; on the other, in line with Avicenna's Neoplatonic theory of attributes, Maimonides denied the possibility of saying anything positive about God. Pines proposes two possible solutions; first, that Maimonides was well aware of the contradiction, or, second, that he fell into the contradiction inadvertently. As Pines himself admits, however, neither solution is satisfactory.

Boltanski, L. (2019). Mysteries and conspiracies. Translated by A. Zakharevich. St. Petersburg: Izdatelstvo Evropeyskogo universiteta. (In Russ.)

2021 ◽  
pp. 264-269
Author(s):  
P. A. Moiseev
Keyword(s):  
Detective Fiction ◽  
The Other ◽  
Police Procedural ◽  
The One ◽  
Definition Of

The review deals with Luc Boltanski's Mysteries and Conspiracies [Enigmes et complots]. The following is noted as defects of the reviewed book: detective fiction is associated with anxieties that question the framework of modern reality. Such attribution, it is argued, results from inaccurate comparison of detective fiction to a spy novel. The reviewer identifies contradictions in the definition of detective fiction: on the one hand, it is characterised by the proverbial anxiety. On the other, the writer suggests that unravelling a mystery normalises the ‘integrity of predictable expectations.' In addition, Boltanski confuses detective fiction with police procedural novels as well as the concepts of genre and theme with regard to spy novels (as a result, he dwells on ‘the genre of the spy novel,' even though spy novels are written in a number of genres). The review particularly criticises Boltanski's assessment of A. Conan Doyle's prose.

Vladimir Titov’s Letter to Vladimir Odoevsky as a Well-Known Response to Ivan Turgenev’s Article “Hamlet and Don Quixote” (Contemporaries’ Reception of Turgenev’s Interpretation of the Image of Hamlet)

2021 ◽  
pp. 104-116
Author(s):  
Ivan O. Volkov ◽  
Keyword(s):  
German Idealism ◽  
Don Quixote ◽  
The Other ◽  
National Library ◽  
Other Hand ◽  
The One ◽  
Definition Of ◽  
First Time

For the first time, in the article, Vladimir Titov’s letter (dated 12/24 February 1869) is published and commented. In the 1820s, in Russia, Titov was well-known as a writer and literature theorist, the author of a romantic novella The Remote House on Vasilyevsky Island (1829) close to Society of Lyubomudriye. The letter extracted from the archives of the National Library of Russia is addressed to Duke Vladimir Odoevsky whose relationship with Titov was friendly from the very beginning of their acquaintance. The letter focuses on Ivan Turgenev’s speech published in the first issue of Sovremennik and titled “Hamlet and Don Quixote”. Reacting to Turgenev’s article, Titov shortly and critically accesses the comparison concentrating mainly on the image of Hamlet and thoroughly expresses his opinion on the essence of his tragic state. Titov’s opinion is just the opposite of Turgenev’s complex and multidimensional interpretation. Having experienced the great impact of the philosophy of German idealism at the beginning of his career, Titov to a great extent idealizes Shakespeare’s character whom he long knows and whom he is clearly eager to vindicate. Meanwhile, Titov does not pursue the aim to absolutely advocate the romantic halo of Hamlet as a Titanic personality (grandiose intellect and scale of feeling) and to enact the tragic pathos of the inner fight only. Developing Goethe’s definition of the essence of the character’s inner conflict, Titov, on the one hand, approaches its real understanding underlying the prince’s necessity to stay in a derogatory position of a “pitiful semiclown, indecisive grouch and shred”. On the other hand, the assessment can not be absolutely objective because Titov wants to see Hamlet as a victim of the fatal fortune which turns him into a character of an almost classical tragedy of fate. Titov’s bright and developed reaction (in the document of private nature) to Turgenev’s article is attractive and important first of all for its vividly demonstrated novelty and creativity of the writer’s view, wideness and multimodality of the author’s perception of Hamlet’s image. For the first time, Turgenev gave a developed interpretation of Shakespeare’s image in the tale “Hamlet of Shchigrovsky Province” (1848). Continuing his searches in the area of “Russian” (or “steppe”) Hamlet, Turgenev creates moral and philosophical problems of the English tragedy in the crisis socio-historical and cultural atmosphere of Russia of the 1840s. However, the principles of the artistic generalization and the peculiarities of the new reading, not mentioned and not fully comprehended by his contemporaries, were surprising and rejected when the speech “Hamlet and Don Quixote” appeared, in which Shakespeare’s character is presented ultimately vividly and lively in the then current interpretation.

Die Erklärbarkeit von Erfahrung

2020 ◽  
Author(s):  
Ursula Renz
Keyword(s):  
Subjective Experience ◽  
Human Mind ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
Definition Of ◽  
Subject Theory

Spinoza's ethics is grounded by a conviction which is as simple as it is programmatic: Subjective experience can be explained, and its successful explanation is of ethical relevance. For it makes us smarter, freer and happier. This is the programmatic conviction behind Spinoza's ethics and motivates many of the theses it puts forward. Ursula Renz shows which kind of a theory of the human mind informs this program. The systematic differentiation of theory parts in the architecture of ethics proves to be a decisive move: A theory part that deals with questions of the ontology of the mental is followed by a definition of the human mind as a kind of subject theory, which in turn is separated from a theory part dealing with the constitution of content. This structure makes it possible to deal separately with different problems that arise in the course of the explanation of experience. In the end, Spinoza succeeds in avoiding both reductionisms and skepticisms right from the start. In this way, two intuitions are brought together that are often considered incompatible: on the one hand, the view that experience is something irreducibly subjective, and on the other hand, the assumption that there are better and worse explanations of experience.

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