scholarly journals Law and its interpretation in the context of cultural and historical process

2021 ◽  
pp. 125-128
Author(s):  
T. I. Bondaruk
Keyword(s):  
Social Reproduction ◽  
Historical Period ◽  
Spiritual Values ◽  
Legal Tradition ◽  
Historical Process ◽  
Legal Norms ◽  
Moral Principles ◽  
Cultural Phenomenon ◽  
Starting Point ◽  
Historical Retrospect

The article attempts to substantiate the approach to law as a socio-cultural phenomenon as decisive for its interpretationтin the historical process. P. Bourdieu’s formula «law is cultural capital» is offered as a starting point. Attention is drawn to law as a socio-cultural phenomenon, legal values as cultural and spiritual values, legal tradition, etc. Attention is drawn to some provisions of Dvorkin’s interpretive theory regarding the conditionality of the content of legal norms by political (strategies pursued by legislators through norms) or moral (principles implemented by judges in resolving conflicts in society) factors. It is concluded that to interpret the law in historical retrospect, when it comes to mastering the legal experience of a society accumulated over the centuries, the most productive, considering and researching law as a socio-cultural phenomenon. Culture, the core of which is values, as a collective programming of consciousness, which distinguishes members of one group or type of people from another (according to G. Hofstede), which includes law, determines the level of implementation and collective life of people in society / state, their social integration and social reproduction in general during a certain historical period. Keywords: law, socio-cultural phenomenon, cultural-historical process, interpretation.

scholarly journals The Genesis of the System of Administration of the Transport Routes and of the Transport Law in Russia (9th to 18th centuries)

2019 ◽  
Vol 17 (3) ◽  
pp. 260-277
Author(s):  
Yu. I. Petrov ◽  
A. I. Zemlin ◽  
O. M. Zemlina
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Point Of View ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Norms ◽  
Legal Method ◽  
Starting Point ◽  
Scientific Results

The article analyzes Russian historical and legal heritage containing the norms governing social relations that arose in the process of development of water and inland roads, transportation, state administration in the transport field, and studies the most important norms of Russian transport legislation. The purpose of the research was to study legal regulation of transport relations in the historical period from 9th through 18th centuries in order to identify the main stages of development and periodization of domestic transport law.The study was carried out using methods of legal analysis, including formal-dogmatic method, which allowed to reveal some of shortcomings and gaps of legal regulation; historical and legal method, that, in combination with the methods of taxonomic analysis, made it possible to carry out authors’ periodization of formation of transport legislation during the studied period. The use of achievements of legal hermeneutics and tools of the linguistic-semiotic and semantic approaches provided an opportunity to clarify the content of legal norms and legal documents referring to the period under review.The results of the study are of interest from the point of view of revealing historical patterns of development of transport law, make it possible to assess the role and place of transport legislation in the system of legal regulators of public relations. The presented scientific results, taking into account already existing and practically substantiated developments, can serve as a starting point for further discussion about the prospects, trends and directions of development of Russian transport law and transport legislation.

Legal Practice in the Southern Leon and Castile of the 12th Century: a Borderline State

Istoriya ◽  
2021 ◽  
Vol 12 (9 (107)) ◽  
pp. 0
Author(s):  
Galina Popova
Keyword(s):  
Legal Framework ◽  
Practical Implementation ◽  
Legal Tradition ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Legal Traditions ◽  
12Th Century ◽  
History Of ◽  
Normative Basis ◽  
Judicial Proceedings

The article is devoted to the legal history of the lands of the Kingdom of Toledo in the first two hundred years after the Christian reconquest. The assimilation of the conquered lands by the new political power, preserving the border position, leads to the emergence of a special legal tradition, typical for other similar territories, which received the general name “extremadura” — “borderland”. The Fueros, created in the Kingdom of Toledo, from the very beginning, firmly linked the territorial and personal nature of the legal norms included in their texts. The formation of local legal traditions took place with the active participation of the local elite, which was reflected in the editing of Fuero texts. The inhabitants of Toledo were supposed to use the Visigothic "Liber iudiciorum" as a normative basis for legal proceedings, but at the same time maintained the legitimate possibility of resorting to norms of a different origin, the so-called “Fuero of Castilians”. The lack of a strict systematization in the legal framework of the proceedings was reflected in the organization of judicial officials in Toledo. The good preservation of the local act material allows us to consider in more detail the practical implementation of the legal norm in the process of judicial proceedings, recorded in Arabic in the protocol of the end of the 8th century.

scholarly journals Inadequate burials as an important factor in plague epidemic amongst Serbs in the Habsburg Monarchy by the end of the 18th century: A historical analysis

2014 ◽  
Vol 142 (11-12) ◽  
pp. 764-767 ◽  
Author(s):  
Goran Vasin ◽  
Snezana Bozanic ◽  
Milica Kisic-Bozic
Keyword(s):  
18Th Century ◽  
Historical Analysis ◽  
Habsburg Monarchy ◽  
Historical Process ◽  
Legal Norms ◽  
Burial Rituals

Analysis of the archaic customs of burying the deceased in Srem, primarily amongst Serbs, in the second half of the 18th century is the essential part of the paper that aims at clarifying the consequences of this negative habit onto the spreading of plague epidemic. The Austrian Empire tried to stop and prevent the epidemic with an array of legal norms, but in practice, these orders were often not upheld. Serbian Metropolitans Pavle Nenadovic and Stefan Stratimirovic insisted on eradicating superstition and retrograde, often uncivilized actions in burial rituals, and they partially succeeded. The example of plague in Irig and the surroundings in 1795-1796 explicitly shows the hazardous effects of the inadequate attitude towards the deceased as one of the factors in spreading the epidemic. Using primary archives, and published sources, with adequate literature, authors depict this complex historical process.

scholarly journals Italian Thrilling Spectacle Between Aesthetics, Ethics, and Ideology. Popular Genres of Italian Cinema in the 1960s and 1970s in Czechoslovak Film and Non-Film Periodicals (1960–1989)

2017 ◽  
Vol 65 (4) ◽  
pp. 361-372
Author(s):  
Jan Švábenický
Keyword(s):  
Subject Matter ◽  
Critical Discourse ◽  
Historical Period ◽  
Italian Cinema ◽  
Periodical Press ◽  
Cultural Phenomenon ◽  
1960S And 1970S ◽  
The 1960S

Abstract This study examines journalistic, publicist, and critical discourse in relation to the popular genres in the Italian cinema of the 1960s and 1970s in Czechoslovak film and non-film periodical press. Of interest are mainly comprehensive texts that analyse Italian popular genres as a genre system and a specific corpus of films that belong to the same genre. Czech and Slovak translations of foreign studies and texts (with the exception of some examples), interviews with Italian filmmakers, short glosses, or informative texts are beyond the scope of this research. This study reflects critical, journalistic, and publicist interpretations and views by Czechoslovak press of popular genres in national Italian cinema in the selected historical period. Research is divided into two parts that develop specific aspects of these analytic questions. The first part analyses texts about this subject matter in various film a and non-film periodicals, including newspapers and journals with emphasis on long studies and interpretations of a few categories of popular genres viewed in the extensive context of their national, socio-cultural, iconographic, and industrial aspects. The second part deals only with the popular genre of western all’italiana (western in Italian style), which represented an international cinematic and socio-cultural phenomenon in the 1960s and 1970s and was of the greatest interest to Czechoslovak critics, journalists, and publicists in relation to popular genres of Italian cinema in general.

Evolution of Landscape Architecture

2018 ◽  
Vol 931 ◽  
pp. 856-861 ◽  
Author(s):  
Alexandra M. Vorobyeva
Keyword(s):  
State Policy ◽  
Urban Areas ◽  
Landscape Architecture ◽  
Historical Period ◽  
Present Stage ◽  
Open Spaces ◽  
Historical Process ◽  
Special Direction ◽  
Architecture Development

The article considers the historical process of landscape architecture development as a special direction of architectural activity, engaged in creating the open spaces environment of the urban areas. The methods and principles of landscape objects creating throughout the considered historical period, including the present stage, are investigated. The connection between architecture and landscape architecture in urban open spaces construction, as well as the influence of state policy on the formation of a school of landscape architects are showed.

A Framework for the Legal Analysis of War-Peace Issues

1966 ◽  
Vol 60 (4) ◽  
pp. 728-734
Author(s):  
Kenneth Carlston
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
International Conflict ◽  
Interstate Conflict ◽  
Legal Analysis ◽  
Legal Tradition ◽  
Legal Norms ◽  
The Subject ◽  
And Function

To state the province and function of law in the control of war requires an understanding, in the broadest possible terms, of the nature of interstate conflict in the twentieth century. When such an understanding is reached, it will be seen that the traditional methodology of international law is inadequate for handling war-peace issues. While international lawyers should be faithful to the legal tradition of fact inquiry and judgment on the basis of legal norms, they should enlarge their perspective of international conflict and restructure their approach to the problem of war. The elaboration of this thesis is the subject of this note.

The Sticky Temptation of Poetry

2015 ◽  
Vol 9 (2) ◽  
Author(s):  
Kári Driscoll
Keyword(s):  
Literary Criticism ◽  
Animal Studies ◽  
Geographical Area ◽  
Literary Studies ◽  
Historical Period ◽  
Animal Imagery ◽  
Starting Point ◽  
Philosophical Background ◽  
Object Of Study ◽  
Animal Presence

AbstractSometime around 1900, a fundamental shift occurred in the way animals were represented in works of Western literature, art, and philosophy. Authors began to write about animals in a way that was unheard-of or even unimaginable in previous epochs. Traditionally, animals had fulfilled a symbolic, allegorical, or satirical function. But in the period around the turn of the twentieth century these animals begin, as it were, to »misbehave« or to »resist« the metaphorical values attributed to them. There is a conspicuous abundance of animals in the literature of this period, and this animal presence is frequently characterised by a profound and troubling ambiguity, which is often more or less explicitly linked to the problem of writing, representation, and language – specifically poetic or metaphorical language.Taking the Austrian literary scholar Oskar Walzel’s 1918 essay »Neue Dichtung vom Tiere« as its starting point, this essay explores the historical and philosophical background of this paradigm shift as well as its implications for the study of animals in literature more generally. Zoopoetics is both an object of study in its own right and a specific methodological and disciplinary problem for literary animal studies: what can the study of animals can contribute to literary studies and vice versa? What can literary animal studies tell us about literature that conventional literary studies might otherwise be blind to? Although animals abound in the literature of almost every geographical area and historical period, traditional literary criticism has been marked by the tendency to disregard this ubiquitous animal presence in literary texts, or else a single-minded determination to read animals exclusively as metaphors and symbols for something else, in short as »animal imagery«, which, as Margot Norris writes, »presupposes the use of the concrete to express the abstract, and indeed, it seem[s] that nowhere in literature [are] animals to be allowed to be themselves« (Norris 1985, 17). But what does it mean for literary theory and criticism to allow animals to »be themselves«? Is it possible to resist the tendency to press animals »into symbolic service« (ibid.) as metaphors and allegories for the human, whilst also avoiding a naïve literalism with respect to the literary animal?The pervasive uneasiness regarding the metaphorical conception of the animal within recent scholarship in animal studies stems from a more general suspicion that such a conception serves ultimately to assimilate the animal to a fundamentally logocentric discourse and hence to reduce »animal problems to a principle that functions within the

scholarly journals Algunas manifestaciones actuales de la música indígena en Sonora, México

2021 ◽  
Vol 1 (12) ◽  
pp. 20-28
Author(s):  
Marybel Ferrales Nápoles
Keyword(s):  
Ethnic Groups ◽  
Short Description ◽  
The State ◽  
Local Context ◽  
Historical Process ◽  
Cultural Phenomenon ◽  
Musical Tradition ◽  
Indigenous Music ◽  
Metric Analysis ◽  
Visual Evidence

La riqueza de la tradición musical indígena de Sonora estriba en su variedad y significados constituyendo un factor importante en la identidad de sus pueblos. Sin embargo, las investigaciones sobre la música de las culturas autóctonas de la región son escasas; por ello, se hace necesario un estudio enfocado a su significación como fenómeno cultural colectivo y a su análisis musical. El objetivo de este  trabajo es dar a conocer como se manifiesta actualmente la música de algunas etnias del estado de Sonora mediante la trascripción y análisis de obras representativas. Se inició recogiendo las evidencias auditivas y visuales de la música indígena que ha llegado a nuestros días como producto de un largo proceso histórico en diferentes etnias del Estado de Sonora. Se seleccionaron cinco obras extraídas de grabaciones propias o facilitadas por Lutisuc (2007), las cuales fueron transcritas y acompañadas con una breve descripción del contexto donde se interpretan y su análisis melódico, armónico, formal y métrico, así como los procesos de acompañamiento, entonación y timbre de voces. Se concluye que la música indígena contemporánea interpretada en el territorio sonorense es trasmisora de los pensamientos actuales de las etnias; en muchos casos, reconstruyendo parámetros antiguos para moldear las generaciones actuales y no interpretándose fuera del contexto local. Abstract The richness of the indigenous musical tradition in Sonora lies in the variety and meanings constituting an important factor in the identity of their towns. However, the research about the music of the native cultures on the region are only a few; therefore, it is necessary a study focusing the meaning as a collective cultural phenomenon and his musical analysis. The objective of this work is releasing information of how music is currently manifested today in some ethnic groups of Sonora through transcriptions and analysis of representatives works. It began by collecting auditory and visual evidence of indigenous music that has reached our days as a product of a historical process in different ethnic groups in the State of Sonora. Five works were selected from own recordings or provided by Lutiscu (2007), which were transcribed and accompanied with a short description of the context where they are interpreted and its melodic, harmonic, formal and metric analysis; as well as the accompaniment, intonation and timbre of voices. It concludes that contemporary indigenous music performed in the Sonoran territory it is a transmitter of the actual thoughts of the ethnic groups; in many cases, rebuilding old parameters to shape current generations and not interpreting itself outside the local context.

scholarly journals TO THE QUESTION OF STATE-LEGAL TRADITION AND CONSTITUTIONAL PSYCHOLOGY IN THE RUSSIAN ENVIRONMENT

2020 ◽  
pp. 23-25
Author(s):  
T.I. Ryakhovskaya
Keyword(s):  
The State ◽  
Legal Tradition ◽  
Legal Norms ◽  
The People

The author puts forward the assumption that constitutional psychology, being a very contradictoryconcept, due to the lack of concretization of this term, is formed through traditions that can be formalized,expressed in the form of legal norms. With this approach, constitutional psychology becomes an extralegalreflection of constitutional reality, which includes the attitude, perception, reflection of the people aboutcertain events, phenomena occurring in the state.

scholarly journals Outlining a theory of the social and symbolic function of evaluations of education

2019 ◽  
Vol 1 ◽  
pp. e1467
Author(s):  
Morten Nørholm
Keyword(s):  
Social Reproduction ◽  
Social Order ◽  
Public Management ◽  
New Public Management ◽  
Evaluation Research ◽  
Emile Durkheim ◽  
New Public ◽  
Starting Point ◽  
The Social ◽  
Empirical Material

AbstractThe article presents the results of a research project focusing on evaluations of education as a part of a New Public Management in the area of education.The empirical material consists of:- 8 state-sanctioned evaluations of the formal training programs for the positions in a medical field- various texts on evaluations- various examples of Danish evaluation research.A field of producers of Danish evaluation research is constructed as part of a field of power: analogous to the analysed evaluations, Danish evaluation research forms a discourse legitimizing socially necessary administrative interventions. The evaluations and the evaluation research are constructed as parts of a mechanism performing and legitimizing a sorting to an existing social order. The theoretical starting point is from theories, primarily by Émile Durkheim, Pierre Bourdieu and Ulf P. Lundgren.Keywords: evaluation, evaluation of education, social reproduction, New Public Management, societies after the Modern, meritocracy

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