THEORY OF LAW AND PHILOSOPHY OF LAW AS THEORETICAL DISCOURSES: SPECIFICS AND RELATIONSHIP

2020 ◽  
pp. 9-17
Author(s):  
Вадим Леонидович Афанасьевский
Keyword(s):  
Scientific Knowledge ◽  
Scientific Theory ◽  
Theoretical Concept ◽  
Philosophy Of Law ◽  
The West ◽  
Scientific Creativity ◽  
Key Characteristics ◽  
Different Types ◽  
Theory Of Law ◽  
The Relationship

В статье анализируется проблема взаимоотношений философии права и научной теории права. Рассматриваемая проблема стала особенно актуальной в российском образовательном пространстве в связи с введением после длительного перерыва в государственный образовательный стандарт магистратуры по юриспруденции учебной дисциплины «Философия права». Автор статьи в качестве базисного принимает тезис, согласно которому философия права, являясь сферой философской мысли, и теория права как область научного социогуманитарного знания представляют собой разные типы теоретического дискурса. Исходя из этого, в статье выстраивается теоретическая концепция, согласно которой задачей философии права как философского типа мышления является конструирование или экспликация онтологических, эпистемологических, аксиологических, феноменологических оснований для формирования и функционирования научных теоретико-правовых и историко-правовых построений. Для реализации поставленной в статье задачи подробно рассматриваются ключевые характеристики как теории философского типа, так и идеалов, норм и характеристик научного знания. Выявленное различие экстраполируется на взаимоотношение теории права как продукта научного творчества и философии права как конструкции, задающей базовые мировоззренческие смыслы. В качестве примера выработанных философией права и государства оснований научных теорий прогресса, государства, морали и права, автор приводит взгляды мыслителей западноевропейской философской классики: Т. Гоббса, Ж.-Ж. Руссо, И. Канта, Г.В.Ф. Гегеля. Именно их философские концепции предопределили образы теоретико- и историко-правовых учений XVIII, XIX, XX и даже начала XXI в. Таким образом, отношение философии права и теории права выстраивается по «вертикали»: от онтологического основания к возведению теоретико-правовых и историко-правовых научных построений. The article analyzes the problem of the relationship between the philosophy of law and the scientific theory of law. The problem under consideration has become especially urgent in the Russian educational space in connection with the introduction of the Philosophy of Law discipline master's degree in law after a long break. The author of the article takes as the basis the thesis that the philosophy of law, being the sphere of philosophical thought, and the theory of law as a field of scientific socio-humanitarian knowledge are different types of theoretical discourse. Based on this, the article builds a theoretical concept according to which the task of the philosophy of law as a philosophical type of thinking is the construction or explication of ontological, epistemological, axiological, phenomenological grounds for the formation and functioning of concrete scientific theoretical and legal and historical and legal constructions. To implement the task posed in the article, the key characteristics of both a theory of a philosophical type and ideals, norms and characteristics of scientific knowledge are examined in detail. The revealed difference is extrapolated to the relationship between the theory of law as a product of scientific creativity and the philosophy of law as a construction that sets basic philosophical meanings. As an example of the foundations of the scientific theories of progress, state, morality and law developed by the philosophy of law and the state, the author gives the views and thinkers of the West European philosophical classics T. Hobbes, J.-J. Russo, I. Kant, G.V.F. Hegel. It was their philosophical concepts that predetermined the images of theoretical and historical-legal doctrines of the XVIII, XIX, XX and even the beginning of the XXI centuries. Thus, the attitude of the philosophy of law and the theory of law is built along the «vertical»: from the ontological foundation to the construction of theoretical and historical and historical legal scientific constructions.

Energy Efficiency of Vehicles

2020 ◽  
Author(s):  
Doug Carroll
Keyword(s):  
Energy Efficiency ◽  
Scientific Knowledge ◽  
Fuel Economy ◽  
Environmental Consequences ◽  
Energy Models ◽  
The World ◽  
Different Types ◽  
The Impact ◽  
The Relationship ◽  
Rational Decisions

Energy Efficiency of Vehicles educates readers about energy and the environment and the relationship between the energy we use and the environment. The world is at a point in time when people need to make very important decisions about energy in the next few decades. This book enables readers to utilize our scientific knowledge to make good rational decisions. Energy Efficiency of Vehicles provides information on: Calculations related to energy, power, and efficiency, and the impact of using different types of energy on the environment. Environmental consequences of consuming energy. Models related to impact of city driving on the energy efficiency and fuel economy of cars and trucks.

scholarly journals Correlation between Philosophy and Theory of State and Law

2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Oleg Grygor ◽  
Yuri Krysiuk ◽  
Angela Boyko ◽  
Vadim Zubov ◽  
Igor Sinegub
Keyword(s):  
Civil Rights ◽  
Theoretical Aspect ◽  
The State ◽  
Theory And Practice ◽  
Philosophy Of Law ◽  
Depth Study ◽  
History Of ◽  
Theory Of Law ◽  
The Relationship

At first glance, the relationship between philosophy and theory of law is not applied but is considered a purely theoretical aspect. This thesis is not correct due to the adoption of the European legal standard of human and civil rights, the role of philosophy of law, the foundations of the theory of state and law in the training of lawyers, the formation of future lawyers of high philosophical and methodological culture.In this article, based on the analysis of the history of philosophy of law and the general theory of state and law and their development, the authors justify as an autonomous status in the jurisprudence of the two disciplines, their relationship and vice versa - differences.To do this, the authors explored the historical excursion of world philosophical and legal thought, grouped scientific and theoretical views on the relationship between philosophy of law and theory of state and law and provided an argument for the close intersection of philosophy of law and theory of state and law, mobility between scientific disciplines.Close contact between philosophy and jurisprudence contributes to the understanding of law not only as a function of the state but also the essence of human spirituality.The authors concluded that the in-depth study of scientific and theoretical aspects of the relationship between philosophy, philosophy of law and theory of state and law is the result of bridging the gap between theory and practice and will further focus on expanding the interaction of philosophy, theory and law results of the functioning of the state and law.Emphasizing the relevance of the topic in terms of bridging the significant gap between theory and practice, between the declarative provisions of laws and their actual implementation, the legal, scientific community is increasingly expanding to enter the plane of the practical application of philosophical - theoretical thought.

scholarly journals Lifelogging: Digital technologies of the self as the practices of contemporary biopolitics

Sociologija ◽  
2019 ◽  
Vol 61 (4) ◽  
pp. 535-549
Author(s):  
Dusan Ristic ◽  
Dusan Marinkovic
Keyword(s):  
Digital Technologies ◽  
Theoretical Framework ◽  
Theoretical Concept ◽  
The Body ◽  
The Self ◽  
Social Phenomenon ◽  
The West ◽  
Technologies Of The Self ◽  
Power And Resistance ◽  
The Relationship

In the paper we apply a theoretical concept of technologies of the self developed by Michel Foucault to the field of lifelogging practices. Lifelogging is a global social phenomenon, a part of contemporary experience of everyday, especially in the developed societies of the West. Our hypothesis is that, despite different ways of quantifying self, lifelogging practices have some characteristics in common: they all belong to the field of biopolitics. This is demonstrated on the levels of the body, identity and subjectivity, since they are influenced and changed by lifelogging. At the same time, lifelogging practices blur the relationship between coercion and consent, power and resistance. The theoretical framework for addressing lifelogging is the concept of biopolitics, also developed by, since it refers to the mechanisms, techniques and technologies, as well as the forms of rationality that regulate life and its various manifestations. In conclusion, we claim that it is still not possible to explain lifelogging exclusively in the terms of biopower, since it has a potential for the ?counter-conduct? and resistance. This also makes lifelogging practices open for development of new forms of subjectivity.

scholarly journals Criticism of solipsism in the contexts of many-world models

2021 ◽  
Vol 26 (2) ◽  
pp. 78-90
Author(s):  
I.A. Karpenko ◽  
Keyword(s):  
Scientific Theory ◽  
Laws Of Nature ◽  
Second Law Of Thermodynamics ◽  
Physical Reality ◽  
Many Worlds ◽  
Basic Principles ◽  
Different Types ◽  
Theory Of Everything ◽  
The Many ◽  
The Relationship

The article analyzes the problem of the relationship between consciousness and physical reality in the context of some multi-world models. It is shown that the adoption of many- worlds models imposes certain restrictions on the criteria of scientific theory, as well as on the concept of what is considered a “theory of everything”. Based on the original criticism of solipsism and the properties of the second law of thermodynamics, it is proved that consciousness can be considered as a derivative of the fundamental principles (laws of nature) of the physical reality in which it operates. From this follows the conclusion, considering the adoption of the many-worlds hypothesis, that different types of consciousness should correspond to different worlds (with different sets of basic principles). Conclusions are also made about the role and status of mathematics in the considered hypothetical conditions, and the possibility of creating a “theory of everything” is questioned.

scholarly journals ’n Verkenning van die verhouding tussen wetenskap en inheemse kennis: Moontlikhede vir integrasie in Suid-Afrikaanse Lewenswetenskappeklaskamers

2015 ◽  
Vol 34 (1) ◽  
Author(s):  
Lesley Le Grange
Keyword(s):  
Indigenous Knowledge ◽  
Scientific Knowledge ◽  
Life Sciences ◽  
Theoretical Discussion ◽  
Sociology Of Scientific Knowledge ◽  
Different Types ◽  
The Relationship

The article is a theoretical exploration of the relationship between science and indigenous knowledge, as well as the implications for integrating the two in Life Sciences classrooms in schools. The theoretical discussion draws on insights from the sociology of scientific knowledge and argues that science should not only be viewed as representation but also as performance. Such a view, it is argued, serves as the basis for integrating indigenous knowledge into the Life Sciences. Practical suggestions are made as to how indigenous knowledge could be infused into Life Sciences classrooms and how teachers can scaffold learners through different types or stages of what Jegede calls, ‘collateral learning’.

scholarly journals An Ancient Mosque In Ningbo, China “Historical And Architectural Study”

2017 ◽  
Vol 4 (3) ◽  
pp. 102 ◽  
Author(s):  
Hamada Muhammed Hagras
Keyword(s):  
Tang Dynasty ◽  
Eastern Coast ◽  
The West ◽  
Ongoing Research ◽  
Trade Relations ◽  
Key Characteristics ◽  
Northern Song ◽  
Wooden Structures ◽  
The Relationship ◽  
Shed Light

<p>With the rise of Tang dynasty (618–907), Ningbo was an important commercial city on the Chinese eastern coast. Arab merchants had an important role in trade relations between China and the West. Ningbo mosque was initially built in 1003 during Northern Song period by Muslims traders who had migrated from Arab lands to settle in China. Through ongoing research of representative Muslim architecture, such as Chinese Mosques, this paper seeks to shed light on the artistic features of this mosque. Many of the key characteristics of this distinctive ethnic heritage are based on commonly held religious beliefs and on the relationship between culture and religion. This paper aims to study the characteristics of Chinese mosques architecture, through studying one of the most important planning patterns of the traditional courtyards plan Known as <em>Siheyuan</em>, and it will also make a practical study on Ningbo Yuehu Mosque. The result of this study shows that the Ningbo Yuehu mosque is like Chinese mosques which follows essentially the norms of Chinese planning, layout design, and wooden structures.</p>

Weapons Research and the Form of Scientific Knowledge

1986 ◽  
Vol 12 ◽  
pp. 237-260 ◽  
Author(s):  
Ian Hacking
Keyword(s):  
Research And Development ◽  
Scientific Knowledge ◽  
Research Priorities ◽  
Human Knowledge ◽  
World War ◽  
The West ◽  
Production Of Knowledge ◽  
New Knowledge ◽  
The Relationship ◽  
Funding Research

From time immemorial all weapons have been a product of human knowledge. Today the relationship is reciprocal. A great deal of the new knowledge being created at this moment is a product of weaponry. The transition occurred in World War ll, and, in the West, was institutionalized by the new ways of funding research and development put in place in 1945-47 in the U.S.A.Presumably this makes some difference to what we find out. Brains and equipment are dedicated to the production of knowledge and technologies useful in time of war. Our Physical Abstracts, Chemical Abstracts, Biological Abstracts, Indexus Medicus — our repositories of references to new knowledge — would look very different if we had different research priorities. That means that the content of our new knowledge is much influenced by the choice of where to deploy the best minds of our generation.

Review Article

2012 ◽  
Vol 9 (1) ◽  
pp. 115-126
Author(s):  
Leonard Kahn
Keyword(s):  
Practical Rationality ◽  
Review Article ◽  
Philosophy Of Law ◽  
Law And Morality ◽  
Theory Of Law ◽  
The Relationship

Joseph Raz's new book, Between Authority and Interpretation, collects his most important papers in the philosophy of law and the theory of practical rationality from the mid-1990s to the mid-2000s. In these papers, Raz not only advances earlier theses but also breaks new ground in a number of areas. I focus on three of Raz's topics here: theories of law, separability and necessity, and the normativity of law. While I am generally sympathetic to Raz's thinking on these topics, I raise some room for doubt – especially with regard to his pessimism about finding a uniquely best theory of law and the relationship between law and morality.

Contemporary Qur'anic Studies in Iran and its Relationship with Qur'anic Studies in the West

2012 ◽  
Vol 14 (1) ◽  
pp. 45-72
Author(s):  
Morteza Karimi-Nia
Keyword(s):  
Islamic Law ◽  
Human Sciences ◽  
The West ◽  
Communications Technologies ◽  
Religious Learning ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
Almost All ◽  
The Impact ◽  
The Relationship

The status of tafsīr and Qur'anic studies in the Islamic Republic of Iran has changed significantly during recent decades. The essay provides an overview of the state of Qur'anic studies in Iran today, aiming to examine the extent of the impact of studies by Western scholars on Iranian academic circles during the last three decades and the relationship between them. As in most Islamic countries, the major bulk of academic activity in Iran in this field used to be undertaken by the traditional ʿulamāʾ; however, since the beginning of the twentieth century and the establishment of universities and other academic institutions in the Islamic world, there has been increasing diversity and development. After the Islamic Revolution, many gradual changes in the structure and approach of centres of religious learning and universities have occurred. Contemporary advancements in modern sciences and communications technologies have gradually brought the institutions engaged in the study of human sciences to confront the new context. As a result, the traditional Shīʿī centres of learning, which until 50 years ago devoted themselves exclusively to the study of Islamic law and jurisprudence, today pay attention to the teaching of foreign languages, Qur'anic sciences and exegesis, including Western studies about the Qur'an, to a certain extent, and recognise the importance of almost all of the human sciences of the West.

Tartan Buddhists

2012 ◽  
Vol 7 (1) ◽  
pp. 8-28 ◽  
Author(s):  
John McKenzie
Keyword(s):  
Potential Utility ◽  
Tibetan Buddhist ◽  
The West ◽  
Dependent Relationship ◽  
Different Types

The purpose of this article is to provide a sociological typology for understanding the different types of practitioners within the Tibetan Buddhist organization, Rokpa International, in Scotland. It will be argued that the empirically derived criteria and Weber’s (1978) sociological concepts of authority, power and status allow us to understand the tensions and mutually dependent relationship between the different types. In conclusion, it will be argued that, while this typology is not presented as a challenge to existing typologies, this article demonstrates the potential utility of these sociological concepts for understanding the practice and development of Buddhism in the West.

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