scholarly journals Entropy of property in Western and Russian legal doctrine and practice

2021 ◽  
Vol 5 (1) ◽  
pp. 156-172
Author(s):  
M. N. Semyakin ◽  
A. V. Gubareva ◽  
S. P. Stepkin
Keyword(s):  
Property Rights ◽  
Comparative Method ◽  
Negative Consequences ◽  
Legal Doctrine ◽  
Historical Method ◽  
Legal Method ◽  
Positive Assessment ◽  
History Of ◽  
Scientific Results ◽  
Bundle Of Rights

The subject of the study is a phenomenon of an “entropy” of property, its interpretation, socio-economic conditionality, genesis of its development in European and Russian doctrine, reflection of a construct of “separated” property in the legislation. “Entropy” of property is a situation when both entities are owners, but in different areas of relations: the first person is the owner in relation to third parties, and the second-in relation to the first The goal of this scientific research is to find out reasons of the existence of phenomenon of “entropy of property” in European and Russian legal doctrines, to identify common and specific features of this phenomenon. Methodology. The authors use the general scientific method, including dialectics, comparative analysis, formal logic, historical method. A number of specific methods pertaining to the legal science were used as well: the formal dogmatic method was applied for analysis of ownership within the institute of property rights; the logical legal method was applied to study general tendencies of development of the institute of property rights; the legal comparative method was used to study European and Russian legislation on ownership and other property rights. The main scientific results. The Western legal doctrine of “entropy of property” has quite a long history of development, unlike the Russian. Specific features of the Russian doctrine are result of its historical, political and cultural characteristics. The phenomenon of “entropy of property” has both positive and negative consequences, which requires pluralistic approach to its assessment. “Reunification” of ownership rights on the land plot and other objects located on it, is a result of socio-economic and legal factors and deserves positive assessment. Property rights as elements of titular possession are not based only on law, but may be created by contract as well. Conclusions. The European and Russian legal doctrines on the “entropy of property” have both common and specific features. The common features are: existence of “absolute” ownership, limited property rights, trends of reunification of “separated” property etc. The specific features are: absence of “trust” in the Russian legal system; excessive fragmentation of right of ownership as a large “bundle” of rights; absence of situations when one person may simultaneously hold statuses of owner and holder of a limited property right in the Russian legislation.

scholarly journals Activity of a film producer within the cultural space of Ukraine

2021 ◽  
pp. 93-99
Author(s):  
Sergey Lavreniuk
Keyword(s):  
Comparative Method ◽  
Scientific Basis ◽  
Cultural Space ◽  
Historical Method ◽  
Cultural Aspects ◽  
Scientific Analysis ◽  
Film Producer ◽  
History Of ◽  
History Of Culture ◽  
Film Making

The purpose of the article is to identify problems in the development of production in Ukraine and outline ways to overcome them. Methodology. In elaborating the topic, the historical method was used to identify the peculiarities of the origin and development of the profession of film producer, in particular, in Ukraine; analytical method and methods of scientific analysis, comparison, generalization, which came in handy in the process of establishing the creative, production and economic and legal features of the film producer in the cultural space of Ukraine. Methods of systematization and analysis were used for art and cultural aspects of studying the problem. The scientific novelty of the study is that the problem of functioning and motivation of the producer in the context of the cultural space of Ukraine is the subject of a special comprehensive study; the content of the concept of "film producer" as certain specific integrity and unity of interconnected elements is argued and clarified; the expediency of using the comparative method for the study and manifestation of the peculiarities of production activity in the film-making process of the domestic cultural space is proved. Conclusions. Acquaintance with the materials of this study enriches the arsenal of knowledge about the specifics of the producer's activity in the culture of film production in Ukraine and forms the scientific basis for their use in courses on theory and history of culture, including cinema, production, and directing.

Habits of Thought and Judgement: E. A. Freeman on Historical Methods

2015 ◽  
Author(s):  
Herman Paul
Keyword(s):  
19Th Century ◽  
Comparative Method ◽  
Philosophy Of History ◽  
Historical Study ◽  
Late 19Th Century ◽  
Source Criticism ◽  
Historical Method ◽  
History Of ◽  
Historical Methods

Why did E. A. Freeman’s The Methods of Historical Study (1886) meet with mostly negative responses from late 19th-century American and Continental European historians? This essay argues that while Freeman adopted the language of ‘historical methods’ that was becoming customary in the 1880s, he did not understand the term to refer to techniques of source criticism, as many of his contemporaries did, but to a comparative method firmly rooted in Thomas Arnold’s unity of history doctrine. Confusingly, then, Freeman’s method promoted a philosophy of history of the kind that, by the 1880s, was increasingly rejected in the name of historical method. It is not without irony, therefore, that The Methods of Historical Study was sometimes mistaken for a methodology manual like Ernst Bernheim’s Lehrbuch der historischen Methode (1889) and as such found wanting by historians interested in the newest techniques of source criticism.

Good Old Economic History

1973 ◽  
Vol 33 (1) ◽  
pp. 28-40 ◽  
Author(s):  
R. M. Hartwell
Keyword(s):  
World War I ◽  
Property Rights ◽  
Economic History ◽  
Economic Life ◽  
Historical Method ◽  
Role Of The State ◽  
Major Interest ◽  
History Of ◽  
Methodological Bias

This paper is concerned with the old economic history which developed in Britain before World War I. It would be more appropriate to call it “the very old economic history,” to distinguish it from “the old economic history” of the inter-war years and beyond, and “the new economic history,” a fragile offshoot of American enterprise only now being propagated successfully. To avoid terminological clumsiness, and to indicate clearly that the history of economic history in Britain divides into three stages, I will refer throughout this paper to Economic History I (EH I), Economic History II (EH II) and Economic History III (EH III), stages which divide chronologically at 1910–1920 and 1960–1970, and which are characterized by quite distinctive methodological features. My particular aim will be to show that EH I seems to the economist, and to the new economic historian, to be modern in content and method compared with EH II. In particular EH I had a major interest in the conditions of freedom and restraint, especially those embodied in legal institutions controlling property rights, which limited individual economic action, and devoted much effort to investigating the origins of property rights and the development of custom and law as they affected property rights. EH I, also, was more strongly motivated than EH II, both because of a belief in the power of “the historical method” for the understanding and analysis of social processes, and of participation in the great socio-economic debates of the day, especially that which attempted to define the role of the state in economic life. In contrast, EH II seems to have had no particular methodological bias, and, although often politically motivated, was not involved in contemporary debate or in the determination of current policy.

scholarly journals TRANSFORMATION OF STATE SECURITY AGENCIES IN THE PERIOD OF THE KHRUSHCHEV’S THAW

2019 ◽  
Vol 19 (2) ◽  
pp. 125-136
Author(s):  
Aleksandr I. Lushin ◽  
Ivan V. Kalinin
Keyword(s):  
The State ◽  
Psychological Climate ◽  
General Idea ◽  
Negative Consequences ◽  
Ussr Council ◽  
Historical Method ◽  
State Security ◽  
External Threats ◽  
History Of ◽  
Council Of Ministers

Introduction. The epoch of Khrushchev’s “thaw” is a turning point in the history of the development of state security agencies. There is a break in the ideological connection between Cheka agency’s methods of work and the newly formed State Security Committee under the USSR Council of Ministers, a rethinking of the structure, goals and objectives of the department in accordance with the new policy of the ruling authorities. Research methods. In order to study the reform trends in the state security bodies of 1953–1964, in the article the method of historicism was used. It allows to consider the institute of state security bodies in the context of the definitely historical conditions of its existence. Besides the elements of the comparative historical method was used for creating a general idea of the tasks and goals of the department from the beginning of its existence in the RSFSR and until the end of period. Results and discussion. The analysis of publicly available sources of scientific literature has allowed to delineate the boundaries of modernization processes in the state security agencies of the Khrushchev “thaw” period. The actual transition of the heir to the VChK – OGPU – NKVD – NKGB – MGB from subordination of the state to the party power determined the further development of the KGB. Entirely subordinate to the party apparatus, the department was transformed depending on the interests of the political bureaucracy in power. However, the absence of a specific policy and the obvious distrust of N. S. Khrushchev to the state security authorities led to mixed results in regarding the effectiveness of the KGB, designed to ensure the protection of the country. The negative consequences included “the birth trauma” of the KGB after the 20th Congress of the CPSU, denouncing the violation of legality by the past KGB, weakening the moral and psychological climate inside the system and turning the Committee, designed to protect the state and its citizens from internal and external threats, into a party appendage with the inviolability of party employees, which led to a decrease in the rule of law. The positive results of the transformation of the state security bodies consisted in partial liberalization of the established system, softening the methods of the KGB, reorienting to protect the state from external enemies, creating the legal basis of the department’s activities and promoting its positive image.

scholarly journals CONCEPT OF SOLUTIONS JOURNALISM MODEL: CONNOTION, FUNCTIONS, FEATURES OF FUNCTIONING

2021 ◽  
Author(s):  
Tetiana Slotiuk ◽  
Keyword(s):  
Comparative Method ◽  
Editorial Policy ◽  
Phenomenological Approach ◽  
Good News ◽  
Historical Method ◽  
History Of ◽  
The Media ◽  
The Difference ◽  
Solutions Journalism ◽  
Constructive Journalism

The article examines the main features, general characteristics and essence of the concept of solutions journalism. The basic principles of functioning of this model of journalism in the western press and in Ukraine are given. The list and features of activity of the organizations, institutes and editorial offices supporting development of journalism of solutions journalism. The purpose of the publication is to describe the Solutions Journalism model: its features, characteristics and features of functioning, to find out the difference in the understanding of the concept of «solutions journalism» and «constructive journalism» in general. The task of the publication was to conceptualize the main trends in the development of solutions journalism in the Western and Ukrainian information space; show the main characteristics, formats of functioning and analyze the features of the concepts of «solutions journalism» and «constructive journalism». Applied research methods: at the stage of research of the history of formation of the concept of Solutions Journalism the historical method is used. The hermeneutic method of research helped in the interpretation of basic concepts, the phenomenological approach was applied in the context of considering the essence of the phenomenon of solutions journalism. At the stage of generalization of the features of the concepts of Solutions Journalism and «constructive journalism» a comparative method was used, which gave an understanding of the common components in their essence. The method of analysis allowed to expand the understanding of the purpose of Solutions Journalism as a type of social journalism and its main tasks. With the help of synthesis it was possible to comprehensively understand the concept of Solutions Journalism and understand its features. In Ukraine, this type of journalism is just emerging, but its introduction into the editorial policy of the media may have a national importance. These are regional and local media that can inform their communities about the positive solution of certain problems in other communities, and thus thanks to this model can save local journalism. In the scientific context, there is a need to outline the main differences in the understanding of the concepts of decision journalism and constructive journalism, to understand the socio-psychological need to create good news.

scholarly journals History of Emergency Powers of the US Presidents: From Abraham Lincoln to Donald Trump

2021 ◽  
pp. 193-211
Author(s):  
Nataliya Latypova ◽  
Keyword(s):  
Comparative Method ◽  
Emergency Situation ◽  
Executive Branch ◽  
Habeas Corpus ◽  
Emergency Situations ◽  
Legal Method ◽  
Emergency Powers ◽  
The Us ◽  
History Of ◽  
Emergency Measures

Introduction. In the context of the COVID-19 pandemic announced by the WHO in 2020, American researchers bring up the question of the legitimacy, adequacy, or, on the contrary, redundancy of measures taken by the US leadership to protect the population. The study of the US President’s history of emergency powers can demonstrate how previous American Presidents managed to preserve or, conversely, subvert the established liberal foundations of American society in emergency situations. Methods and Materials. The author used methods of structural analysis and synthesis, historical and legal comparative method, formal legal method, and method of legal modeling. Analysis. The author studied A. Lincoln’s extra-constitutional authority to emancipate slaves, suspend the Habeas Corpus Act, create a volunteer army, and declare a naval blockade. On the basis of legal sources, we carried out the analysis of F. Roosevelt’s decisions on the creation of courts-martial and the internment of people of Japanese descent; reviewed the activities of G. Bush after the September 11 attacks and D. Trump’s emergency measures related to building the border wall in the south of the USA. Results. During the research, we found, that each military, economic, or social crisis increased the political significance and role of the executive branch in emergencies. We can characterize the increase of the emergency powers, delegated to the US Presidents, as steadily growing due to the crises that took place in various periods of American history. It was proved, that the precedents of emergency measures created by A. Lincoln, F. Roosevelt and George W. Bush had a long-term impact on the actions of the next US Presidents, opening up new legal opportunities for the use of emergency powers. At the same time, Congress and the US Supreme Court have taken a controversial stance on the validity of the President’s actions at various historical stages. Most of the time, the status of the legislative and judicial branches of government, as well as the understanding of “emergency situation” itself depended on the specific case and practical political needs.

scholarly journals Ways to eliminate inflections in teaching disciplines of intellectual property

2021 ◽  
Author(s):  
Yurii Kuznetsov
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Polytechnic Institute ◽  
The Other ◽  
Negative Consequences ◽  
Technical Creativity ◽  
History Of ◽  
Kyiv Polytechnic Institute

The history of introduction of disciplines devoted to the methodology of scientific and technical creativity, acquisition, protection, protection and commercialization of intellectual property rights in the Kyiv Polytechnic Institute (KPI) is presented chronologically. The positive and negative consequences of teaching disciplines in intellectual property and patent science are analyzed. Emphasis was placed on a strategic mistake when two disciplines (one legal, the other integrated engineering creative direction) merged into one and two teachers of two different departments of KPI began to teach.

scholarly journals DEVELOPMENT OF LEGISLATION ON HUMAN CLONING: WORLD EXPERIENCE AND A PROMISING LEGAL MODEL FOR MODERN RUSSIA

2020 ◽  
Vol 24 (4) ◽  
pp. 881-900
Author(s):  
Fyodor V. Fetyukov
Keyword(s):  
Public Relations ◽  
Comparative Method ◽  
Legal Regulation ◽  
Human Cloning ◽  
Philosophical Methodology ◽  
Legal Doctrine ◽  
Systemic Analysis ◽  
Legal Method ◽  
Legal Model ◽  
Categorical Structure

The relevance of the research is due to the invariance of approaches to the legal regulation of public relations in the field of human cloning, the need for semantic differentiation of the concept of cloning, which ensures formation of an adequate attitude of society and the state to human cloning and development of an optimal model of legal regulation of public relations in this area. The purpose of the research is to select and justify a promising model of legal regulation of public relations in the field of human cloning in modern Russia. Achieving this goal calls for analysis of international legal acts and the system of legislation of foreign countries, as well as approaches to regulating public relations that have been formed in legal doctrine and medical practice. Based on the obtained empirical data, the author conducts a General theoretical characterization of the type of legal regulation, suggest recommendations for improving the legal regime, and substantiates the prospects of the proposed model of legal regulation of public relations in the field of human cloning. The level of philosophical methodology in the study is represented by the General principles of knowledge and categorical structure of science as a whole. The level of General scientific principles and forms of research is characterized by applying the systemic analysis techniques, the method of ascent from the abstract to the concrete, as well as General logical methods: analysis, synthesis, abstraction, and analogy. At the level of concrete scientific methodology, this study employs the comparative method and the special legal method.

The Unique Phenomena in the Meeting between Western Medicine and Traditional Chinese and Vietnamese Medicine during the 17th and 18th Centuries

2021 ◽  
Vol 20 (10) ◽  
pp. 38-46
Author(s):  
Anh Thuan Truong
Keyword(s):  
Research Methods ◽  
Western Medicine ◽  
Comparative Method ◽  
Cultural Exchange ◽  
Disease Diagnosis ◽  
Main Research ◽  
Historical Method ◽  
Logical Method ◽  
History Of ◽  
East West

Based on academic achievements of, primarily, Chinese and Vietnamese researchers including materials recorded in the form of writings, reports, diaries, and letters sent to Europe by Western missionaries operating in China and Vietnam in the 17th and 18th centuries, and at the same time combining the application of two main research methods of Science and History (historical method and logical method) with other research methods (systematization, analysis, synthesis, statistics, etc.) and especially the comparative method, this article aims to clarify two points of focus. The first is the open attitude of Chinese and Vietnamese rulers in accepting Western medical achievements and the positive, respectful, and admiring views of some missionaries towards different aspects of traditional Chinese and Vietnamese medicine. The second is the contradiction in some Western missionaries' perception and actions when they criticized the superstition in the way of disease diagnosis and treatment of the Vietnamese and Chinese, especially the Taoist priests, however they committed to such approaches in the process of examining and treating indigenous people. The study of some of the phenomena that arose during the connections made between Western medicine and traditional Chinese and Vietnamese medicine in the 17th and 18th centuries as mentioned above would make a certain contribution to the study of the history of the East-West cultural exchange in China and Vietnam in general, as well as the medical history in the two countries, in particular during this period.

scholarly journals EURASISM AS ONE OF THE IDEOLOGICAL FOUNDATIONS OF RUSSIA'S SECURITY IN THE XX AND XXI CENTURIES: POLITICAL AND LEGAL VIEWS L.N. GUMILYOV AND V.V. KOZHINOV

2020 ◽  
Vol 3 (4) ◽  
pp. 55-71
Author(s):  
Egor A. Kulikov
Keyword(s):  
Cultural Values ◽  
Comparative Method ◽  
Historical Memory ◽  
The Political ◽  
National Unity ◽  
Legal Doctrine ◽  
Historical Method ◽  
Political Events ◽  
Reasonable Approach ◽  
The One

The instability of the situation in the Eurasian space, renewed conflicts in the Transcaucasus, political events in Belarus and individual cities of Russia, on the one hand, and the ongoing integration processes in the post-Soviet space between states and peoples that are close in historical memory and national-cultural values, on the other, - determine the relevance of the issue of the ideological security of Russia, as well as the ideological support of these integration processes. The political and legal doctrine of Eurasianism substantiates the inevitability of the common fate of the peoples inhabiting the territory of the former Russian Empire and the USSR, determines the grounds for the peaceful coexistence of these peoples, as well as their interaction, from various sides and positions. This article examines the political and legal views of the later representatives of Eurasianism - L.N. Gumilyov and V.V. Kozhinov. The method of working with primary sources, the comparative method, the historical method, partly the method of ascent from the concrete to the abstract is used. It is concluded that the named thinkers develop in their works a civilizational approach to history, society, the state, and also determine the ideological foundations of national unity on the territory of Russia-Eurasia. It should be noted that despite the extensive bibliography of studies of Eurasianism in legal science, the works of V.V. Kozhinov and L.N. Gumilyov are rarely touched upon by scientists. Meanwhile, L.N. Gumilev brought the civilizational approach to the level of the scientific theory of ethnogenesis, developed in detail the concept of passionarity, and V.V. Kozhinov is the largest Russian historian of the XX century and offers a balanced and reasonable approach to this period of development of our country.

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