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.

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 Certainty and Uncertainty in Tax Law: Do Opposites Attract?

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 30
Author(s):  
Alexander V. Demin
Keyword(s):  
Law Enforcement ◽  
Everyday Life ◽  
International Organizations ◽  
Good Faith ◽  
The Other ◽  
Tax Law ◽  
General Requirement ◽  
Law Enforcement Agencies ◽  
The One ◽  
Effective Channel

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand, negatively—as a defect (omission) of the legislator and, on the other hand, positively—as a set of specific legal means and technologies that are purposefully used in lawmaking and law enforcement. In this context, relatively determined legal tools are an effective channel for transition from uncertainty to certainty in the field of taxation. A tendency towards increased use of relatively determined legal tools in lawmaking processes (for example, principles, evaluative concepts, judicial doctrines, standards of good faith and reasonableness, discretion, open-ended lists, recommendations, framework laws, silence of the law, presumptive taxation, analogy, etc.), and involving various actors (courts, law enforcement agencies and officials, international organizations, citizens, organizations and their associations) allow making tax laws more dynamic flexible, and adequate to changing realities of everyday life.

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.

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals Predictive policing: Utopia or dystopia? On attitudes towards the use of big data algorithms for law enforcement

2020 ◽  
Author(s):  
Fernando Miró Llinares
Keyword(s):  
Law Enforcement ◽  
Main Part ◽  
Scientific Evidence ◽  
The Other ◽  
State Control ◽  
Legal Decisions ◽  
Technological Revolution ◽  
Predictive Policing ◽  
Predictive Algorithms ◽  
The One

The use of predictive AI tools to improve decision-making in relation to crime prevention and investigation is a reality. They are being implemented almost before we fully understand how they work, while we make relevant legal decisions that may determine the progress of the technology, and long before we can predict their full impact. This paper addresses the attitudes towards this technological revolution applied to criminal justice, focusing in particular on its use by police. The first section summarises and describes the techniques and technologies that make up predictive policing. Subsequently, the main part of the study analyses the attitudes with which this technology has been received. These range from the optimism of those who defend its immediate implementation as a way to improve police objectivity and efficiency, to the pessimism of those who see its use as strengthening a dystopia of state control and surveillance. Two apparent extremes that correspond to the transition from optimism to technological pessimism of the twentieth century. The article concludes with a defence of a realistic, critical and informed view of the use of these predictive algorithms. A vision that, on the one hand, accepts that there are no neutral technologies, yet does not fall into fatalism and technophobia; and, on the other hand, places the human being and the legitimate police function at the centre of the algorithmic equation while redefining its objectives based on the scientific evidence applied to each individual technology.

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.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

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