ЕКАТЕРИНА ВЕЛИКАЯ И ДИАЛЕКТИКА ПРОСВЕЩЕННОЙ МОНАРХИИ

2020 ◽  
Vol 15 (1) ◽  
pp. 39
Author(s):  
С. И. Дудник ◽  
И. Д. Осипов

The article discusses the problems of evolution and the formation of the ideology of an enlightened monarchy in Russia. In this regard, the philosophical and political ideas of Catherine the Great, as well as their theoretical and ideological premises, are analyzed. It is noted that the philosophy of education in Russia was closely connected with the concepts of Voltaire, Didro, Montesquieu, Beccaria, Bentham, their views on natural law and human freedom, humanism and the rule of law. These concepts in the philosophy of Catherine received a specific interpretation, due to the sociocultural conditions of Russia. This was manifested in the famous work of Catherine the Great “The Nakaz”, which recognized Montesquieu's argument in favor of the autocracy, but at the same time, his point of view on the separation of powers was rejected. The specificity of the doctrine of enlightened monarchy lies in the combination of liberal and conservative values, which form eclectic forms. This was the dialectic of the supreme power, the difference between the enlightened monarchy and the ideology of absolutism. The article also notes that education in Russia is associated with fundamental socio-political reforms, processes of secularization of culture. At this time, the natural and human sciences are developing. The changes positively influenced the development of medicine, beautification of towns and public education. Also considered are the views on the autocracy of the opposition nobility intelligentsia: A. N. Radishchev and noted that his criticism of the autocracy was determined by an alternative cultural policy, proceeding from the protection of the interests of the people. The doctrine of enlightened monarchy is characterized by internal worldview inconsistency and political inconsistency, which did not allow solving the pressing social problems of the establishment of legal state, democratization of society and the abolition of serfdom.

2019 ◽  
Vol 66 ◽  
pp. 260-275
Author(s):  
Victor V.  Aksyuchits

In the article the author studies the formation process of Russian intelligentsia analyzing its «birth marks», such as nihilism, estrangement from native soil, West orientation, infatuation with radical political ideas, Russophobia. The author examines the causes of political radicalization of Russian intelligentsia that grew swiftly at the end of the 19th and beginning of the 20th centuries and played an important role in the Russian revolution of 1917.


Author(s):  
Marina A. Kropacheva ◽  
Ekaterina S. Litvinova

Difficulties in describing such notions as vernacular, common slang and slang and the reference of certain lexical units or texts to a particular language phenomenon stem from the variety of opinions and ways of defining each of them. These debatable questions have become more distinctive in Russian linguistics with the growing contacts with European linguistic schools and therefore copying the terms without adapting them to Russian theory of language. The using of these terms is becoming chaotic due to the fact that modern Russian linguistics often neglects the basic achievements of Soviet linguistics in the field of distinguishing language varieties. The article considers two approaches to the definition of vernacular, common slang and slang: from the point of view of their being fully functional language varieties and from the point of view of their functional facilities. As a result of the analysis of the data about language varieties, a conclusion is drawn about the common and different in these concepts. If these notions considered as similar to major language varieties such as standard language, standard colloquial speech and territorial dialects, then they cannot be called fully functional language varieties, since they have an extremely vague social base, they are characterized by a low degree of standardization, functional diversity and the intersection of their lexical content. Thus, it can be concluded that such language phenomena belong to the specific kind of language variations that are defined by their transitional nature. If functional facility of vernacular, common slang and slang is considered, it is worth noting that there are a lot of stylistically marked lexical units in slang. They are slightly less numerous in vernacular, and even less numerous in common slang. This peculiarity stems from the fact that common slang includes lexical units able to function as the fillers of the gaps in standard language, standard colloquial speech or territorial dialects. It should be noted that the lexical units of all three language phenomena are used in various communication situations even by the people who are well versed in the norms of the standard language. The fact that lexical units belong to vernacular, common slang or slang does not prevent well-educated speakers from using all stylistic functions of such units. Speakers who know the difference between standard and slang or vernacular words are able to vary these language tools to attract the attention of a certain category of people (for example, for advertising, communicating with youth, etc.).


2022 ◽  
Vol 6 (1) ◽  
Author(s):  
جيران ، حمد علي هارب

This research discusses the significance of the underlying and corresponding (B) in the verse of ablution .It consists of a preface , four chapters and a termination .Within the limits of the preface , it dealt with the clarification of the importance of the research .In the first chapter , it dealt with the definition of the underlying significance according to the jurists point of view , also the scientists, point of view who support the underlying significance and the people who agree with them , as well as the aspects of the Hanafia’s and the shafia's inference regarding the implication.   The research also deals with the definition of the corresponding significance according to the jurists' point of view as well as the scientists' point of view who support the correspondence of the (B) significance .These people are the Malikia and the Hanablah and the people who agree with them as well as the aspects of their inference in this issue .The third chapter tackles the more acceptable significance of the two discussed in the former chapters .The final one clarifies the impact of the difference between the underlying and the corresponding (B) according to the jurists' point of view .Finally the research is concluded by the most important deductions.


2021 ◽  
Vol 1 (1) ◽  
pp. 73-108
Author(s):  
Zsolt Szabó ◽  
Herbert Küpper

Abstract The study describes and systemises the constitutional requirements on legislation in Eastern Europe. The comparison reveals that the basic structures of the legislative process live up to the standards of the rule of law. The details, however, are quite frequently deficient or problematic. Laws requiring a qualified majority often cause structural problems, based on poor political culture, and the vague and contradictory regulatory framework. Other problems are a legacy of socialism, e.g. the instrumental perception of the law, or the immature separation of powers. However, the apparent homogeneity of the region and its structural problems that was typical of the socialist era, has given way to a stronger differentiation which often reflects differences that existed prior to the socialist dictatorship. This stronger differentiation concerns, i.a. the extent of executive law-making, the structure of parliament (mono- or bicameral), the majority requirement for the decisions in parliament, and the participation of the people in legislation. In the states that have joined the EU, the European criteria of the rule of law have had their effect, whereas the candidate states on the Wester Balkans are on the way of consolidating their legislative system. Further to the East, the rule of law becomes weaker and weaker.


Author(s):  
Ulrich K. Preuss

Constitutionalism comprises a set of ideas, principles and rules, all of which deal with the question of how to develop a political system which excludes as far as possible the chance of arbitrary rule. While according to one of the classic sources of constitutionalism, article sixteen of the 1789 French Declaration of the Rights of Man and of the Citizen, ‘any society in which rights are not guaranteed, or in which the separation of powers is not defined, has no constitution’, the scope of constitutional principles is in fact broader. In addition to these two defining principles, the following are essential: popular sovereignty; the rule of law; rules about the selection of powerholders and about their accountability to the ruled; and principles about the making, unmaking, revision, interpretation and enforcement of a constitution. Despite close affiliations, constitutionalism and democracy are not the same. Whereas democracy is an institutional device which realizes the right of the people to govern themselves, constitutionalism aims to establish institutional restraints on the power of the rulers, even if they are popularly elected and legitimized. Constitutionalism embodies the self-rationalizing and self-restraining principles of popular government.


2006 ◽  
Vol 23 (1) ◽  
pp. 116-138 ◽  
Author(s):  
Steve Wexler ◽  
Andrew Irvine

In Politics III.10 and IV.4, Aristotle discusses the difference between governments that are regulated by the rule of law and those that are not. Although he concludes that the rule of law helps guard against arbitrary and injudicious government action, Aristotle is also sensitive to the fact that in a democracy it is essential for the people to remain sovereign over the law. His discussion is helpful for understanding, not only the tension between the ‘rule of law’ and the ‘rule of men’, but also the complex role the rule of law plays in any modern democracy.


Author(s):  
Mykhаilо Kelman ◽  
Rostislav Kelman

The purpose: to study the rule of law as a principle in the judiciary in such aspects as to clarify the origins of the idea of the rule of law, the relationship between the concepts of the rule of law and the judiciary, analysis of relevant doctrine in Ukraine. Methods: dialectical, hermeneutic, prognostic, comparative-legal, formal-logical, method of modeling, decomposition, complex analysis, intersectoral method of legal research, logical methods that were used as tools to achieve this goal. Results: Applying the principle of the rule of law, the judge must remember it as a global goal of justice - the rule of law in society. The resolution of every dispute and any legal conflict must be aimed at adhering to this principle. Scientific novelty: From a practical point of view, the rule of law determines the place of the judiciary in the system of public power, which should attest not only to the real separation of powers but also to the judiciary's ability to limit the discretion of the legislature and the executive. This is possible only if the court (and justice procedures) are independent of other branches of government. This approach to the relationship between the separation of powers (traditionally - an element of the concept of the rule of law) brings together the concept of the rule of law and the idea of the rule of law in modern conditions. The principle of the rule of law in the modern state is studied. Emphasis is placed on the scope of the rule of law, which includes: legality, which provides for a transparent, accountable and democratic process for the implementation of legal provisions; legal certainty; prohibition of arbitrariness; access to justice; respect for human rights; prohibition of discrimination; equality before the law. Conceptually, the rule of law is to limit the arbitrariness of public authority over society and the individual. Different ways of establishing the system of the rule of law (the court through the application of human rights directly forms the system of the constitution - the English tradition; it is created by the people through the exercise of constituent power - the European continental tradition) are not fundamental. From a practical point of view, the rule of law determines the place of the courts in the system of public power, which must attest not only to the real separation of powers but also to the judiciary's ability to limit the discretion of the legislature and executive. This is possible only if the court (and justice procedures) are independent of other branches of government. This approach to the relationship between the separation of powers (traditionally an element of the rule of law) brings together the concepts of the rule of law and the rule of law. The article is devoted to a comprehensive study of the theoretical foundations of judicial law enforcement in Ukraine as a special process of practical achievement of the rule of law in the daily activities of courts, carried out after the constitutional reform of justice in 2016-2017. The acute theoretical and applied need to find ways and means to ensure the unity of law enforcement after this reform, which allowed to form a new scientific approach to solving problems of judicial law enforcement. The problem is solved with the help of intersectoral methodology and integration in law, given the expansion of the functions of the judiciary, in particular, in terms of increasing the law-making role of courts (the theory of "soft" separation of state power). The article proves that the current state of transit legislation in Ukraine leads to the fact that the courts of first instance (sometimes - the appellate court as courts of first instance) take on challenges - to consider the case, guided by the rule of law, taking into account not only the balance of public and private interests, but often the existence of gaps in laws or applying poor quality legislation. The result of judicial enforcement in such cases is the completion of a rule of law, which in fact can be considered a judicial rule and become the basis for the emergence of a new law, the maintenance of which during the review of the court decision gives it a precedent, and thus lower courts promote judicial supremacy.


Author(s):  
Olena Panchenko

The article is devoted to the study of the rule of law as a social phenomenon, which is formed and viewed by us through the national legal consciousness of the people. These philosophical and legal categories are important for the formation of the correct (tested by time and reality) and the right awareness of society of their behavior, as well as effectively serve from the point of view of natural and legal influence on the formation and implementation of legal relations, and are a natural basis of law itself The main thrust of this article is that the rule of law in society depends to some extent on the national spirit of law and finds its foundations in the mentality of the people themselves. Historically, state and natural features of the rule of law further influence the formation of legal consciousness and legal culture in particular. Willingness is an important element of the national phenomenon in the consciousness of our people. The rule of law is the legal culture and legal consciousness that are closely linked to the national elements and characteristics of the people themselves who use the phenomenon. Since the rule of law is largely inherently in the form of ideas and perceptions, it is appropriate to note that such perceptions are necessarily nationalist in nature. Legal ideas and national ideas are fundamental to the formation and awareness of the rule of law Just as the rule of law is directly related to human nature, its national identity, and its vitality, it directly controls the sphere of human behavior and actions. The basic tenets that are enshrined in the rule of law are the ideas of freedom and justice. The rule of law as a national phenomenon of justice of the people is of the highest philosophical and legal value, since its place in the legal reality is determined by social and national factors and personality structure. Keywords: law, rule of law, phenomenon, national, legal consciousness.


2020 ◽  
Vol 16 (3) ◽  
pp. 345-378
Author(s):  
Małgorzata Gersdorf ◽  
Mateusz Pilich

Relations between the judiciary and the elected authorities (i.e. the legislative and the executive) in each country and at all times are among the most sensitive from the point of view of statehood. There is an obvious truth expressed in the famous saying of Lord Acton: ‘Power tends to corrupt, absolute power corrupts absolutely’2. The universal calling of judges is to restrain executive and legislative branches of government in their efforts to increase their power, especially at the expense of individuals. A state where there is no sufficiently strong counterweight to the natural omnipotence of the people’s representatives is not in line with the principle of the rule of law, because there is no one to remind the elected powers that their mandate has its limits – contemporarily established in particular by constitutional norms and the international regime for the protection of human rights.3 Naturally, courts do not directly take part in a political discourse, even though some kind of judicial review of the acts of public authorities exists virtually everywhere; these should not be characterised as an interference in political matters.4 The mutual respect of the judiciary and elected authorities proves the maturity of the state constitutional system, regardless of how far-reaching the powers are of judges to examine the constitutionality of legislation.


2021 ◽  
Vol 30 ◽  
pp. 194-207
Author(s):  
Patrick Praet

The paper examines the legality and legitimacy of Belgium’s COVID-19-related restrictions in light of national and international guidelines. Its discussion proceeds from the most vital characteristic of any law-based state: the government being subject to standards of substantive and procedural legality, even during a pandemic. After this, the effect of the crisis on the Belgian Rechtsstaat is examined, with special emphasis on the functioning of the separation of powers and on the unprecedented predominance of the executive power, alongside the legal basis for the latter’s actions. The author concludes that the Belgian measures against the virus’s spread have failed to meet the cumulative requirements of the rule-of-law test. Discussion then turns to the possibly huge ramifications for some wider debates in the field of philosophy of law, both for classic topoi ( such as law and morality or utilitarianism) and for contemporary current debates such as constitutionalism, sovereignty, and juristocracy. In its concluding remarks, the paper raises issues of the unspoken social contract between the people and the state: will the restrictions amid the pandemic go down in history as a singular, unique event or, instead, as a step on the slippery slope toward permanent crisis management in the name of a new sanitary order?


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