scholarly journals Intellectual Nature of Law in the Basic Concepts of Understanding Law

2021 ◽  
pp. 835-843
Author(s):  
Aleksei Kosykh
Keyword(s):  
Sociology Of Law ◽  
Intellectual Activity ◽  
Legal Norms ◽  
History Of ◽  
Integral Element ◽  
Basic Concepts ◽  
Anthropological Approach ◽  
Theory Of Law ◽  
Definition Of ◽  
Historical Methods

Introduction: formation of legal norms and their transformation, creation of the legal system, specialization and sectoral differentiation of legal norms indicate constant qualitative, intellectually grounded development of law. In the article the author analyzes basic concepts of understanding law (natural, historical, psychological, normative, Marxist, of anthropological approach) in order to determine the essence (nature) of law. The study of essential foundations of law is a fundamental task not only for the theory of law and state, but also for other sciences (philosophy of law, sociology of law, history of legal doctrines). The purpose of the work is to study an intellectual nature of law on the basis of analysis of various concepts of understanding law. Methods: the author’s key conclusions and findings are based on the use of materialistic dialectics in comparative legal, sociological and historical methods. Discussions: it is noteworthy that in each concept of understanding law, intelligence (mind, reason, common sense) is considered by scientists as an integral element of the process of legal education. Conclusions: taking into account the stated above, the author proposes to consider law within the framework of an anthropological approach as a result of human intellectual activity not only by its origin, but also by its essential basis, its nature. The author puts forward the thesis that law is the result of intelligence-based thinking activity of a person and suggests the author’s definition of law.

scholarly journals FRANTIŠEK WEYR (1879-1951). ZAPOMNIANY NORMATYWISTA

2016 ◽  
Vol 13 (4) ◽  
pp. 91
Author(s):  
Bartosz Lewandowski
Keyword(s):  
Normative Theory ◽  
Law School ◽  
Scholarly Activity ◽  
Communist Regime ◽  
Second Republic ◽  
Legal Norms ◽  
History Of ◽  
Main Representative ◽  
Theory Of Law ◽  
Second World

FRANTIŠEK WEYR (1879-1951): A FORGOTTEN NORMATIVIST Summary František Weyr (1879-1951) was one of the most outstanding adherents of the normative theory of legal science during the inter-war period. His scholarly activity was focused on the basic issues important for normativism, on which he embarked shortly before Hans Kelsen’s, and with no influence from Kelsen (Weyr published his earliest book in 1908). Weyr was one of the founders and the main representative of the Czechoslovak Neo-Kantian Law School, which was composed of his former students, members of the Faculty of Law at the Tomáš Masaryk University in Brno. Members of the Czechoslovak Neo-Kantian Law School engaged in numerous polemics on key normativist issues (e.g. the nature of legal norms). F. Weyr’s work in the philosophy of law made a salient contribution to the turbulent history of Czechoslovakia, exerting an influence from the auspicious years of the independent Second Republic (1918-1938), through the period of the Czech and Moravian Protectorate under Nazi German occupation during the Second World War, to the postwar period under the Communist regime and its miserable demise in 1990. Weyr is appreciated in Czech scholarship for his achievements in the theory of law. Although he was one of the key figures associated with normativism, often compared with his colleague H. Kelsen, his work in scholarship is not well known in the Polish theory of law.

Translating the Concept of Experiment in the Late Eighteenth Century

2017 ◽  
Vol 12 (1) ◽  
pp. 76-97
Author(s):  
Eirini Goudarouli ◽  
Dimitris Petakos
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Natural Philosophy ◽  
Intellectual Activity ◽  
New Knowledge ◽  
History Of ◽  
History Of Concepts ◽  
Intellectual Context ◽  
Basic Concepts ◽  
Different Cultures

The Philosophical Grammar: Being a View of the Present State of Experimented Physiology, or Natural Philosophy, In Four Parts (1735) by Benjamin Martin was translated into Greek by Anthimos Gazis in 1799. According to the history of concepts, no political, social, or intellectual activity can occur without the establishment of a common vocabulary of basic concepts. By interfering in the linguistic structure, the act of translation may affect crucially the encounter of different cultures. By bringing together the history of science and the history of concepts, this article treats the transfer of the concept of experiment from the seventeenth-century British philosophical context to the eighteenth-century Greek-speaking intellectual context. The article focuses mainly on the different ways Gazis’s translation contributed to the construction of a particular conceptual framework for the appropriation of new knowledge.

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

scholarly journals DISCUSSION ON ISSUES OF THE THEORY OF LEGAL INCENTIVES

2018 ◽  
Vol 6 ◽  
pp. 562-567
Author(s):  
Aleksandr Gavritskiy ◽  
Svetlana Miroshnik
Keyword(s):  
Rule Of Law ◽  
Human Factor ◽  
Private Companies ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Social Actions ◽  
Legal Relationship ◽  
The Social ◽  
Theory Of Law ◽  
Definition Of

The purpose of this article is to examine legal incentives as a form of a lawful norm to improve the social actions of individuals. A definition of legal incentive as a variety of legal norms is formulated and the features and principles of an incentivizing legal relationship identified and formulated. The provisions can be viewed as approaches for solving the problems of motivating lawful behavior and for use in analyzing practical problems associated with the theory of law, legal culture, and the rule of law. The concept offered reveals new possibilities for cognition of legal relations that are important for developing the theory of legal norms and the theoretical aspects of the realization of law. The functional approach underlying the research emphasizes the importance of this form of law and promotes the more efficient use of the its potential. The conclusions are relevant for further theoretical studies and the development of a policy by private companies aimed at activating the human factor to increase the productivity of their employees.

scholarly journals THEORETICAL ASPECTS OF FORENSIS-PSYCHOLOGICAL EXAMINATION OF TYPOLOGICAL FEATURES OF PERSONALITY

2019 ◽  
Vol 20 (2) ◽  
pp. 505-521
Author(s):  
O. Slipets
Keyword(s):  
Psychological Study ◽  
Psychological Examination ◽  
History Of ◽  
The Subject ◽  
Basic Concepts ◽  
The Creation ◽  
Psychological Knowledge ◽  
Definition Of ◽  
Administrative Proceedings

Over more than a hundred years of history of the application of psychological knowledge to resolve issues of law remains a controversial series of theoretical provisions of forensic psychological examination. This is also true for the psychological examination of individual psychological (typological) features of the person. The purpose of the article is to formulate theoretical provisions of forensic psychological examination of typological features of a person, main concepts. Based on the definition of the object and subject of forensic psychological examination, the concept of object and subject of psychological examination of typological features of a person is formulated. On the basis of an analysis of the legal significance of the psychological study of a person of a suspect (accused) in criminal and administrative proceedings, the legal significance and tasks of forensic psychological examination of typological peculiarities are formulated. Proceeding from the subject of psychology, the legal significance of psychological facts for establishing legal criteria, the standardized requirements for qualification and the behavior of an expert, it is proposed to clarify the limits of competence of an expert psychologist. A means of applying the notion-limiter to general psychological categories, the definition of the basic concepts of forensic psychological examination typological features of the person. The theoretical provisions of the forensic psychological examination of psychological peculiarities of a person are formulated: object, subject, legal significance, tasks, limits of competence, thesaurus, is an element of the system of theoretical and methodical foundations of forensic psychological examination and the basis for the creation of a method of forensic psychological examination of typological features of a person .

scholarly journals Institutions: Uncertainty in Definition of the Term. A Brief Look at the History: 1890-1930

Equilibrium ◽  
2014 ◽  
Vol 9 (4) ◽  
pp. 79-102
Author(s):  
Tamila Arnania-Kepuladze
Keyword(s):  
Institutional Economics ◽  
Historical Period ◽  
Historical School ◽  
The Third ◽  
History Of ◽  
Intellectual Context ◽  
Basic Concepts ◽  
Definition Of ◽  
Wide Usage

Despite the fact that the significance of institutional economics is commonly recognized, the uncertainty of basic concepts of institutional economics – institutions – and its investigation sphere is widely mentioned today. The paper aims to trace the process of evolution in the understanding of the notion of institution, from its spontaneous mentions and pragmatic use of the so-called pre-institutional era to the desire to understand and to define the essence of the institution in the period of early institutionalism. Based on the analyses of appropriate literature, the paper tries to study how the term “institution” was understood at the three initial historical period of its usage. For this purpose, the first part of the paper analyses how the term “institution” was used at the start by religious figures in VII and XIII centuries and then by thinkers in XVII-XVIII centuries which are considered as a pre-history of the term “institution” wide usage. The second part of the study is focused on the investigation how the term was understood by immediate predecessors of institutional economics – German Historical School, and the third part of the paper investigates scholars-institutionalists’ efforts in the intellectual context on the period 1890-1930.

USING THE BIOGRAPHICAL METHOD IN STUDENTS TRAINING FOR SOCIAL WORK

2019 ◽  
Vol 1 ◽  
pp. 570
Author(s):  
Galina Vasilyeva ◽  
Svetlana Kalinina ◽  
Svetlana Bureninа
Keyword(s):  
Life History ◽  
Social Work ◽  
Social Worker ◽  
Survey Methods ◽  
Quality Analysis ◽  
Pedagogical Workshop ◽  
Methodological Basis ◽  
History Of ◽  
Basic Concepts ◽  
Anthropological Approach

The article describes the possibility of using the biographical method at students’ preparation to the decision of people’s social problems who turned out to be in a difficult vital situation. A research novelty consists of using the philosophical-anthropological approach as a methodological basis, that is oriented to understanding of client as a Person, whose vital problems are related to such unsteady forms of life as a risk, fear, trust, meeting, failure, crisis, life, history of life, fate, event, case. A research aim is a study of students’ readiness to the practical using of the biographical method in the activities of a social worker. Basic methods for realization of this aim are working with basic concepts relevant to the using of the biographical method: pedagogical workshop, portrait of “Me”, collage, reflection essay. The main results of the study were new topics of students’ research works, made by using the biographical method. In practical part of researches students use the quality analysis of the personal (correspondence, photos, autobiographies) and official (descriptions, archived data) documents, survey methods (telling clients about their life, relatives’ evidence about the stages of the client's life). 

On the theory of interpretation

Legal Studies ◽  
1990 ◽  
Vol 10 (2) ◽  
pp. 127-135 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
Hierarchical Structure ◽  
Legal System ◽  
Intellectual Activity ◽  
Concrete Material ◽  
Standard Case ◽  
Legal Norms ◽  
The Hierarchical Structure ◽  
Theory Of Law ◽  
General Norm ◽  
Individual Norm

The legal system is not a system of co-ordinate norms, found at one and the same level. Rather, it is a hierarchical structure of superordinate and subordinate legal norms, whose reciprocal relations are illuminated by the structural analysis undertaken by the Pure Theory of Law. The enquiry into the hierarchical structure of the legal system has significant consequences for the problem of interpretation. Interpretation is an intellectual activity accompanying the law-creating process as it moves from a higher level of the hierarchical structure to the lower level governed by this higher level. In the standard case, that of interpreting statutes, the question to be answered is how, in applying the general norm (the statute) to a concrete material fact, one is to arrive at a corresponding individual norm (a judicial decision or an administrative act).

scholarly journals Perubahan Perilaku Masyarakat Petani Muslim Undaan Kudus terhadap Sistem Penanggalan Jawa Pranata Mangsa 2000-2018

2021 ◽  
Vol 1 (2) ◽  
pp. 120-137
Author(s):  
Ahmad Musta'id
Keyword(s):  
Cultural History ◽  
Natural Phenomena ◽  
Cultural Changes ◽  
Farming Communities ◽  
Farming Community ◽  
Cultural Conditions ◽  
Natural Signs ◽  
History Of ◽  
Anthropological Approach ◽  
Historical Methods

This study discusses a socio-cultural history of Islam in a society regarding the reflection of the Javanese people's ability to read natural signs to determine the calculation of the seasons that will be used in farming, which is called Pranata Mangsa. The existence of the Pranata Mangsa Javanese calendar which later developed became a guideline in farming activities for Muslim farming communities in Undaan Kudus. However, if we look at several phenomena from the early 2000s AD to the present, especially regarding the seasons, of course there are many seasonal changes that occur on this Earth. The changing seasons on Earth occur due to various factors. This factor is due to the existence of several natural phenomena. This research uses historical methods and anthropological approaches. The anthropological approach can serve to study the socio-cultural background of past events, while history serves to study the cultural changes that occurred in the Muslim farming community of Undaan Kudus. This study shows that the socio-cultural conditions of the Muslim farming community are changing. The Muslim farming community of Undaan Kudus which was initially very thick with the guidelines of Pranata Mangsa with various religious ceremonies, gradually underwent a change by following the existence of modernism due to difficulties in reading natural signs.

scholarly journals Integrative Law Understanding as Basis for the Lawyer

2018 ◽  
pp. 400-403
Keyword(s):  
Social Theory ◽  
Research Focus ◽  
Core Element ◽  
Effective Work ◽  
Integrative Theory ◽  
Legal Thinking ◽  
Integral Element ◽  
The Law ◽  
Theory Of Law ◽  
Definition Of

The integrative theory of law, like any social theory, needs constant updating and development in accordance with the dynamics of the development of society and the state. This requirement is more related to the practically applied component of the theory, but the conceptual basis of integrative legal thinking (the fundamental component of the theory) should also be in the research focus. This article attempts to identify and form some elements of the practical basis of integrative theory. It is given the definition of law, it is shown the elements it consists of and how they are situationally manifested in practice. The article also separately examines typical situations of the law existence as an element of practice. The article emphasizes that the law is an integral element and regulator of any socially significant practice. The law, as an element of practice, is always situationally specific. The authors emphasize that the integrative legal thinking is a necessary and core element for a lawyer. It is noted that by combining all the best that is in other concepts, the integrative theory of law contributes to the thinking development of a high-class practicing lawyer. Practical aspects of the integrative theory of law seem to be quite important and significant for the effective work of the legislator and the practicing lawyer, since they allow forming the basis of the methodology of an effective lawyer.

Sign in / Sign up

Export Citation Format

Share Document