The Need to Update the Research Methodology in Criminal Law Science

2020 ◽  
Vol 2 (4) ◽  
pp. 14-43
Author(s):  
Y. E. Pudovochkin ◽  
◽  
M.M. Babayev

Introduction. The current state of criminal-political theory requires not only a substantive, but also a methodological renewal. This is both through the active creation of new methods and research directions, and also by utilization of already well established methodological principles. One of these principles, is the principle of unity and the struggle of opposites, which taken together constitute the core of dialectical methodology. This to some extent discredited in the history of Russian science, but its potential has not been fully revealed. Deprived of ideological flair, the study of criminal policy from the point of view of analysing its constituent contradictions is a new and promising area of research in the sphere of domestic legal science. Materials and Methods. The study was carried out using the tradition of dialectical understanding of the content and essence of any social phenomenon. This is by a methodology where its state at each specific moment of time is determined by the content and ratio of the opposites that form this phenomenon. From these positions, the current practice of the implementation of criminal policy and its assessment in modern literature are the subject of research. Results. In the analysis of the system of contradictions in criminal policy, it is promising to single for future independent research, two areas. The first is contradictions in the development and contradictions in the functioning of criminal policy. The second is the representation of the relationship between the opposite characteristics of the functioning of criminal policy at a given moment in time. This develops within a certain interval of policy development and manifests itself as a type of tendency. They can both be presented in the form of several groups that reveal the dialectic of the ideal and the material, the structure and functions of the system, the forthcomingly due and the current existing. Discussion and Conclusion. It is fundamentally important to distinguish between contradictions in the functioning of criminal policy and the subjective assessment of criminal policy itself as contradictory. If the subjective assessment is largely dictated by the ideological position of the observer, then the objective contradictions in the functioning of criminal policy are characterised by the eternal coexistence of opposites and their indestructibility. This presupposes their resolution in the context of the multi-vector development of society on a democratic basis by reaching agreement, and in some cases a compromise. The resolution of contradictions in the functioning of criminal policy should be subordinated not so much to the goal of optimising lawmaking or law enforcement activities, but rather to the goal of minimising crime and protecting constitutional values from criminal threats.

Author(s):  
Olivier Asselin

“Canadian cinema.” The term may appear self-evident but is problematic. First, one may question the value of national approaches to culture, especially here, in Quebec and Canada, where the debates over the Nation seem interminable, and especially now, in an era of globalization. Next, one may question the value of media-centered approaches to culture, especially when the successive waves of the “digital revolution” have blurred the boundaries between technologies and among artistic practices. Rather than try to survey “important” fiction films for theatres in Quebec or Canada, this essay adopts another point of view to examine the presence of cinema in Montreal museums over the past few years by focusing on three singular exhibitions. It may well be symptomatic of the current state of film in Quebec and Canada—but also, paradoxically, everywhere else—and says much about the relationship between medium and nation, the expansion of cinema beyond the movie theatre, and the internationalization of culture.


Author(s):  
Ismail Ismail

There have been a lot of studies on the history and development of Islamic education in Indonesia conducted by various groups. At least, there are three important aspects that should be noted in this study. First, from the aspect of the region, the history of Islamic education in South Sumatera which has never been comprehensively studied since the colonial era. Second, related to theoretical assumption, the question of whether the development of the system and the modern Islamic institution in Palembang during colonial era tend to be dominated by Muslim reformers or Muslim traditionalists. Third, from the point of view of methodology which tends to be descriptive and chronological, though recently there arises an analytical approach in which the system and the institution are not seen as things that can stand on their own, but are attached to social, religious, cultural, and political aspects. It is this approach which will be used in this study. Therefore, this study will try to look into the relationship between various social changes in Palembang and the system and Islamic educational institutions in the colonial era.


2019 ◽  
Vol 30 (1) ◽  
Author(s):  
Tautvydas Vėželis

This article examines the problem of overcoming nihilism in Heidegger’s dialogue with Jünger. It is suggested that nihilism is manifested in various forms and is the deep logic of the whole history of European civilization. One of the main aims of this paper is to outline the relationship of nihilism and Nothing in Heidegger’s dispute with Jünger, viewing how Heidegger distinguishes his approach from Jünger’s point of view. Heidegger, on the one hand, treats nihilism as consummation of the Western metaphysical tradition, on the other hand, identifies Nothing itself as the shadow of Being, which cannot be overcome in the traditional dialectical thinking manner.


Author(s):  
Айгүл Турсунова

Баарыбызга маалым болгондой аркылуу мамиле этишке мүнөздүү категория. Мамиле категорияларынын эӊ негизги өзгөчөлүгү - кыймыл-аракеттин субъектиси менен объектисинин ортосундагы мамиле, б.а. сүйлөмдө ээлик милдет аткарган сөздүн же кыймыл-аракеттин чыныгы аткаруучусунун субъект же объект экендигин аныктайт. Алардын ичинен аркылуу мамиле кыймыл-аракеттин башка бирөө тарабынан иштелгенин билдирет. Биз бул эмгегибизде кыргыз тилиндеги мамиле категорияларынан - аркылуу мамилени тарыхый жана маанилик жактан анализдемекчибиз. Маанилерди аныктоодо бул мамиленин байыркы Көктүркчөдөн азыркы убакка чейинки басып өткөн жолу талданып, кандай лигвистикалык методдор менен түзүлөрүнө да кеӊири токтолдук. Макалабызда кыргыз тили менен түрк тили негизге алынды. Категория залога - есть необходимая категория языковой мысли, присущая общению. Важнейшей особенностью категорий залога является отношение между субъектом и объектом действия. В предложении данная категория определяет, является ли реальный исполнитель слова или действия, выполняющий функцию, субъектом или объектом, и означает ли что действие было разработано кем-то другим. В этой статье мы проанализируем категорию залога с исторической и семантической точек зрения в кыргызском языке. Определяя значения, мы будем анализировать историю этих залогов от древнего Коктюрского времени до наших дней и подробно обсуждать лингвистические методы, с помощью которых они сформированы. Наша статья основана на материале кыргызского и турецкого языков. The collateral category is a necessary category of linguistic thought inherent in communication. The most important feature of the categories of collateral is the relationship between the subject and the object of the action. In a sentence, this category determines whether the real performer of a word or action performing a function is a subject or an object, and means that the action was designed by someone else. In this article, we will analyze the category of collateral from a historical and semantic point of view in the Kyrgyz language. By defining the meanings, we will analyze the history of these pledges from ancient Cocturian times to the present day and discuss in detail the linguistic methods by which they were formed. Our article is based on the material of the Kyrgyz and Turkish languages.


1982 ◽  
Vol 9 (3) ◽  
pp. 495-513
Author(s):  
Paolo Ramat

Summary The paper essays to give a brief survey of the imposing and complex work of Giacomo Devoto (1897–1974), with particular emphasis on its principal traits seen both from the point of view of the history of linguistics and its scientific significance. Especial attention is drawn first of all to Devoto’s position vis-à-vis Benedetto Croce’s Idealism and the linguistic positivism of the first half of the 20th century. It seems possible to define Devoto’s position as a dialectic one between these two intellectual currents, which eventually led to an historicism, which actually was typical of the Italian linguistic tradition. From this viewpoint then Devoto’s understanding of language as an ‘institution’ is examined, including his intervention in the dispute between N. Ja. Marr and Stalin. After having dealt with his concept of a ‘stylistics of language’, which returns to regarding langue as an historicaland social institution, and its difference from a literary stylistics, Devoto’s Indo-European studies are examined. Here, the question of the relationship between linguistics and the other disciplines concerned with antiuqty is discussed, a relationship which Devotohad been obliged on several occasions to come back to. The ‘Devotian’ position is presented critically with the help of discussions which Devoto himself had entertained, with archaeologists and with linguists.


Author(s):  
E. Boyarshinova

This paper examines the history and current state of literature for teenagers. In modern criticism young-adult genre stands out in literature for adolescents. An introductory excursion into the history of the concept of “young adults” and literature for this category of readers is given. Criticism of such works is considered by video bloggers who place their clips on Youtube platform. It is analyzed whether these responses affect the book market conditions. According to the most conservative estimates, more than half of the literature published by major publishers is Young-adult books. They are read not only by teenagers, but also by adults who want to immerse themselves in their youth. The theme of Young-adult literature is serious and multifaceted. It attracted both professional authors, whose works become real literary events, and young, non-professional authors. The study of these works is important from the point of view of studying the sociology of teenage life, to understand what young people live, what problems are reflected in such works, albeit in a crooked mirror.


Sabornost ◽  
2020 ◽  
pp. 95-114
Author(s):  
Aleksandar Đakovac

Richard of St. Victor is an important figure in the history of scholasticism. In this paper, we will analyze his idea of the person, which he developed for the needs of Triadology. The peculiarity of Richard's point of view is reflected in the attempt to establish the relationship as a key ontological definition of the person. In his thinking, Richard relies on his predecessors, primarily Tertullian, Augustine and to some extent Anselm. Despite the limitations arising from such a background, Richard's insights were a novelty in the thought of the Western Christianity, and the consequences of his teachings have never been fully grasped.


Author(s):  
V. V. Sidorova ◽  
V. V. Zhivisa ◽  
А. I. Suvorov ◽  
А. А. Arizer

The article selects and analyzes scientific literature sources and regulatory documents on the reconstruction of public spaces within the boundaries of coastal territories. It analyzes global experience in the reconstruction of embankments and the modern specifics of urban development of coastal areas in terms of the relationship of coastal areas with urban development. It investigates the architectural and planning problems of embankment spaces and the problems of their reconstruction. It formulates the principles of reconstruction of public spaces of the coastal territories of the locality. It provides practical recommendations for their use. It analyzes the history of the development and current state of the embankment of the urban-type settlement of Chernomorskoye in the Republic of Crimea. It provides proposals and recommendations for the reconstruction of the specified embankment urban-type settlement of Chernomorskoye. On the basis of the conducted research, an experimental design model for the reconstruction of the embankment of urban-type settlement of Chernomorskoye is proposed.


2021 ◽  
Author(s):  
Amirus Salat

This research investigates the current state of disclosure on the climate change issues of the oil & gas companies listed on the Toronto Stock Exchange (TSX). Using a sample of 58 companies, I conduct a content analysis of their publicly available documents and develop a disclosure index. The study demonstrates that there is a significant association between the level of disclosure of climate change issues (disclosures index) and the board of director’s effectiveness (measured by Board Shareholder Confidence Index) for Canadian oil & gas companies. This study also explores the association between firms’ value and the level of climate change disclosure. The empirical evidence indicates that the investors take the extent of disclosures on climate changes into considerations when they assess the market value of the firms. This study contributes to environmental accounting literature because it examines the relationship between climate change disclosures and corporate governance. From a practical point of view, the outcome of this analysis will help Canadian Securities Administrator (CSA) to have insight into climate change disclosures practices and provides a frame of references for developing related disclosures requirement.


2018 ◽  
Vol 6 (1) ◽  
pp. 134-155
Author(s):  
Troy Sidney Barry

This article establishes the relationship between the condition of Australian broadband services and Australia’s history of broadband regulation. It briefly surveys the history of the industry in terms of government action and firms’ responses. It reviews research on the effects of regulation and industry concentration internationally, which indicates that the effects of widely deployed policies are often small or undetectable. The article uses these findings to build models of national broadband prices, penetration and quality. The models are verified using recent statistics from developed economies, confirming that outcomes are little affected by access regulation, and also not by market concentration. Penetration and quality are strongly affected by technology factors. The models and the regulatory history are used to explain the condition of Australian broadband services, and to extract lessons applicable to future policy development.


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