scholarly journals Georges Gurvitch and Sergey Hessen on the Possibility of Forming Social Unity

2020 ◽  
pp. 72-96
Author(s):  
M. Yu. Zagirnyak
Keyword(s):  
Social Institutions ◽  
Legal Pluralism ◽  
The State ◽  
Sociology Of Law ◽  
General Will ◽  
Social Law ◽  
The Status ◽  
Social Unity ◽  
The Difference ◽  
The Individual

The early decades of the last century saw European philosophical thought becoming increasingly interested in the sociological extension of the idea of law. From the viewpoint of the sociology of law, law is formed in the process of social interactions and is not sanctioned by the state. Sergey Hessen and Georges Gurvitch base their conceptions of social law on the sociology of law in the 1920s and 1930s. They start a polemic in the pages of the journal Sovremenniye zapiski (Contemporary Notes). Although they differ radically in their definitions of the status of the state they concur in defining society as a set of social institutions and communities existing as instruments for expressing personal freedom. The social regulations they propose are already legal situations. Hessen and Gurvitch believe that the individual can fully exercise his/her freedom only in conditions of such legal pluralism. However, the concept of legal pluralism involves an inherent problem of preserving social unity: why is it that society does not fall into a range of autonomous social entities, each offering the individual its own legal order for actualising freedom? To solve this problem the philosophers use the concept of “the general will”. General will is an instrument of correlation between individual freedom and the development of society and culture as a whole. The object of philosophical dispute is how the general will is formed: 1) in the process of social self-organisation according to Gurvitch; 2) in the operation of the suprafunctional organisation (the state) according to Hessen. The difference in the grounding of the general will leads to a difference in the concepts of social unity: 1) sobornost according to Gurvitch and 2) solidarity according to Hessen. Analysis of the dispute between Gurvitch and Hessen brings out not only the differences in the interpretation of social unity but also the fundamental problems with the conceptions of social law.

SITUATION OF CHILDREN WITH DISABILITIES IN CONTEMPORARY LEGAL, MEDICAL AND SOCIAL PROCESSES IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 100 (4) ◽  
pp. 198-207
Author(s):  
R.N. Terletskaya ◽  
◽  
I.V. Vinyarskaya ◽  
E.V. Antonova ◽  
A.P. Fisenko ◽  
...  
Keyword(s):  
Children With Disabilities ◽  
Social Assistance ◽  
The State ◽  
Main Task ◽  
Persons With Disabilities ◽  
Rehabilitation Programs ◽  
The Family ◽  
The Status ◽  
The Russian Federation ◽  
The Individual

Despite the positive developments in the sphere of ensuring the special needs of disabled children, a comprehensive socio-hygienic assessment of the conditions and lifestyles, as well as of their families, has not been carried out in the recent years. The purpose of the study is to identify, through a sociological survey, the problems that a disabled child encounters in his life, in order to further improve the provision of medical and social assistance to him. Materials and methods of research: 506 legal representatives of minors (aged 0–17 years) with the status of a disabled child were interviewed. Study design: single-center, non-randomized, uncontrolled. Results: the study of the living conditions of a disabled child in the family, the assessment by the parents of the state of his health, the problems arising during the registration of disability, in the provision of medical and rehabilitation assistance, and issues of medical and social support, made it possible to determine the position of this part of the child population in modern legal and medical and social conditions. The main problems were the large number of documents required for the registration of a disability, the long wait for the day of the examination, the remoteness of the location of the medical and social examination bureau, the shortage of specialist doctors, the problem with subsidized drugs, the lack of taking into account the individual needs of the child when carrying out rehabilitation programs, the need to contact different organizations and departments, lack of medical and social assistance, violation of rights in the provision of medical services to a disabled child. Conclusion: The acquired information is important for the further improvement of the provision of medical and social assistance to handicapped children and children with disabilities. The main task today is to develop mechanisms for fulfilling the declared rights and freedoms of persons with disabilities and the obligations undertaken by the state in relation to them. The principle of individualization of the provision of various benefits, depending on the condition of a disabled child, his needs, material security, remains relevant.

scholarly journals ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba
Keyword(s):  
Research Study ◽  
Legal Regulation ◽  
The State ◽  
Entrepreneurial Activity ◽  
Target Setting ◽  
The Status ◽  
Legislative Proposals ◽  
The Subject ◽  
Legislative Changes ◽  
The Individual

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.

scholarly journals INTERNATIONAL LEGAL ORDER: ON THE ISSUE OF ITS PROPERTIES (THEORETICAL ASPECTS)

2016 ◽  
Vol 2 (127) ◽  
pp. 115-122
Author(s):  
I. Zabara
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
General Context ◽  
Theoretical Approaches ◽  
Ability To Act ◽  
The Status ◽  
International Legal Order ◽  
The Difference ◽  
Internal And External Factors

The article deals with one of the theoretical aspects of international legal order issues – the question of its properties. The author summarizes the doctrinal views of international law and regards the basic properties of the phenomenon of international legal order as its ability to act as system complexity, dynamism, orderliness, the reality and legitimacy of actions of subjects. The author notes that there is a common position in the doctrine, according to which the international legal order is a system. However, he notes that the difference in views on the international legal order as a system consists in the components the researchers include in its composition; the author examines two theoretical approaches. The complexity of the international legal order is determined from the standpoint of the number of its elements and components, as well as the number of their connections. This opinion highlights the fact that the predominant role is played by the quantity of links between elements and components, and indicates the international legal order capacity for permanent changes under the influence of the relevant internal and external factors. The dynamism of the international legal order is characterized from the point of capacity for the development and modification. It is stated that the state of the dynamics is effected by several circumstances. The author concludes that this international legal order’s property as a dynamism is one of the qualities that characterizes its condition as a system. The orderliness of the international legal order is considered from a consistency point, the interaction of parts of the whole, due to its structure. The author notes that the ordering of the international legal order displays its internal relationships and emphasizes its status as a system. The reality of the international legal order is characterized from the point of objectively existing phenomenon. The author concludes that the allocation of the international legal order of reality as one of its properties is intended to emphasize the status of one of its most important components - the state of international relations. Separately, the author considers the question of the legality of actions of subjects of international law, which are discussed in the doctrine from the standpoint of the conditions necessary for its maintenance. The author points out that in the general context of the properties that characterize the international legal order, it can be considered as an aspect wich together with other characterizes the state of the international legal order.

How Macroeconomics Lost the Complexity Vision

2016 ◽  
Author(s):  
David Colander ◽  
Roland Kupers
Keyword(s):  
Complex System ◽  
Standard Model ◽  
The State ◽  
Macro Level ◽  
Formal Models ◽  
Separate Branch ◽  
The Standard Model ◽  
Micro Level ◽  
The Difference ◽  
The Individual

This chapter tells the story of how macroeconomics developed as a separate field in an attempt to add aspects of complexity to the standard model with the aim of improving policy advice, but how those aspects of complexity were quickly lost it again. Instead of dealing with the macro economy as a complex system, macro economists focused on dotting is and crossing ts. The chapter begins by clarifying the difference between macroeconomics and microeconomics. Microeconomics builds a theory up from the individual elements—from the micro level to the macro level. It starts from assumptions of rational individuals and then analyzes how they would coordinate their actions, and what role the state should play in that coordination. Macroeconomics developed as a separate branch of economics when J. M. Keynes’s work was integrated into formal models in the 1930s and 1940s.

Coleridge’s Exile from the Social Contract, 1795–1829

2016 ◽  
Author(s):  
Zoe Beenstock
Keyword(s):  
Social Contract ◽  
The State ◽  
The Self ◽  
Breaking Point ◽  
General Will ◽  
Social Crisis ◽  
State Of Nature ◽  
The Social ◽  
The Individual ◽  
Better Than

Coleridge wrote frequently about Rousseau throughout his varied career. His early lectures and letters draw on Rousseau’s critique of luxury and frequently allude to the general will, depicting Rousseau as a Christ-like figure. Coleridge’s subsequent disappointment with Pantisocracy led him to reject Rousseau and the social contract. Comparing Rousseau to Luther in The Friend, Coleridge argues that Rousseau’s unhappiness arises from a conflict between an age of individualism and an ongoing need for community. According to Coleridge, poetry tolerates this conflict better than philosophy. In ‘Reflections on Having Left a Place of Retirement’ Coleridge suggests that social retreat offers illusory solace from war and social crisis. He critiques the state of nature, sympathy, and even religion for failing to balance the self with its environment. Thematically and formally The Rime of the Ancient Mariner explores this crisis in cohering systems. Through the mariner’s relationship to the albatross, the wedding that frames the poem, and episodes of the supernatural that disrupt the ballad form, Coleridge defines a breaking point between the individual and general wills.

scholarly journals Pluralismo Jurídico Clássico: A Contribuição de Ehrlich, Santi Romano e Gurvitch / Classic Legal Pluralism: The Contribution of Ehrlich, Gurvitch, and Santi Romano

2016 ◽  
Author(s):  
Reginaldo Souza Vieira
Keyword(s):  
Legal Pluralism ◽  
Sole Source ◽  
The State ◽  
Legal Systems ◽  
Social Law ◽  
Theoretical Construction ◽  
Theory Of Law

Resumo: Este artigo, a partir de reflexões da Teoria do Direito, tem por objetivo o estudo do Pluralismo Jurídico Clássico. A pesquisa restou delimitada pela construção teórica de Eugen Ehrlich, Santi Romano e Georges Gurvitch. Na primeira seção do texto, trata-se da concepção de direito vivo de Ehrlich, fulcrado na negação do Estado como única fonte do direito. Na seção seguinte, tendo por base Romano, analisa-se o seu conceito de instituição e da teoria da pluralidade dos ordenamentos jurídicos. Por fim, na última seção, discorre-se sobre o pluralismo jurídico de Gurvitch, com destaque para a teoria dos fatos normativos; a construção de direito social; e o direito social condensado.Palavras-chave: Pluralismo jurídico; Direito vivo; Teoria da pluralidade dos ordenamentos jurídicos; Direito social condensado.Abstract: This article, based on reflections of the Theory of Law, aims to study the Legal Pluralism Classic. The research remains bounded in the theoretical construction of Eugen Ehrlich, Santi Romano and Georges Gurvitch. In the first section of the text, it is the conception of living law Ehrlich, fulcrado in denial of the State as the sole source of law . In the following section, with the Roman basis, we analyze the concept of institution and the theory of plurality of legal systems. Finally, the last section, it talks about the legal pluralism of Gurvitch , especially the theory of normative facts , the construction of social law , social law and condensate.Keywords: Legal Pluralism; living law; Theory of the plurality of legal systems; condensed social law.

The shi, diplomats, and urban expansion during the Warring States Period

2020 ◽  
pp. 656-671
Author(s):  
Andrew Meyer
Keyword(s):  
Urban Expansion ◽  
Social Institutions ◽  
The State ◽  
State Governments ◽  
Technological Advancement ◽  
Warring States Period ◽  
Individual Level ◽  
Warring States ◽  
The Individual ◽  
Economic Specialization

The shi, or “knights,” were not a coherent class during the Warring States period, though figures identified as such were central to the social, political, and cultural dynamism of the era. As the fragmentary states of the early Zhou era politically consolidated, the nature of the aristocracy changed. The aristocracy bifurcated into a steeply divergent populace of “kings” and their kin at the top and the mass of undifferentiated knights far below. Although not exactly a period of shi ascendancy, it was, at the individual level, a time of very fluid social mobility. State governments grew in power to the point of being able to determine the power and status even of hereditary aristocrats. All social positions became gauged in relation to their utility for the state. Low-born knights could rise to positions of high power and status through meritorious service to the state. Diplomacy became a field in which talents for strategy or rhetoric could earn great merit. Some of the most influential figures of the Warring States were humble knights that distinguished themselves as diplomats. Social fluidity was likewise embodied in urbanization. As the Warring States saw rapid population growth, technological advancement, and economic specialization cities grew in size and changed in character. Where they had once been principally military and cult centers, they evolved into centers of commerce and manufacturing in which new communities and social institutions took shape.

Chomsky on State and Democracy

2021 ◽  
Keyword(s):  
New York ◽  
Human Nature ◽  
New York Times ◽  
Social Institutions ◽  
Human Mind ◽  
The State ◽  
Noam Chomsky ◽  
Role Of The State ◽  
Power And Resistance ◽  
The Individual

According to the New York Times, Noam Chomsky is the most important intellectual of our time. He has not only revolutionised the theories of language and the human mind, but his concept of human nature has prompted him to fight for freedom and democracy and led to political analyses which concern the role of the state and the function of democracy (among others). The contributions to this book deal with the most important topics of his political work: human nature and the emergence of social institutions the relationship of the individual to the state and the gist of anarchism human rights and the notion of freedom power and resistance <b>With contributions by</b> Robert Barsky, Željko Bošković, Jean Bricmont, Günther Grewendorf, Georg Meggle, Milan Rai, Tom Roeper, Michael Schiffmann and Juan Uriagereka.

Part IV Other Immunities, 18 Immunity of Individuals acting on behalf of the State

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
Foreign Minister ◽  
The State ◽  
Head Of State ◽  
The Status ◽  
The Individual ◽  
Head Of Government

This chapter considers the immunities of individuals; including the head of State, head of government, the Foreign Minister, officials when on special missions, and other personnel in the service of the State to whom immunity is accorded. Immunity based on the nature of the act is sometimes called ratione materiae as compared to ratione personae, which is based on the status of the State that performs the act. But, given that, unlike the individual who may cease to serve, lapse of time is generally irrelevant to the State (who under the restrictive doctrine remains a State throughout), and in order to avoid confusion these terms are confined to immunity enjoyed by State officials.

scholarly journals Access to social security for digital platform workers in Germany and in Russia: a comparative study

2018 ◽  
Vol 7 (1-2) ◽  
pp. 17 ◽  
Author(s):  
Olga Chesalina
Keyword(s):  
Social Security ◽  
The State ◽  
Control Mechanisms ◽  
Insurance Scheme ◽  
Pension Insurance ◽  
Digital Platform ◽  
Social Law ◽  
Digital Work ◽  
The Difference ◽  
State Pension

Abstract: A common feature of platform work in Germany and Russia is that in both countries the new forms of employment can usually only be classified as self-employed work in the form of ‘solo self-employment’, despite the fact that platforms use direct and indirect control mechanisms indicating a personal or at least an economic dependency of the digital workers on the platforms. The difference is that, in Germany, as the main rule, self-employed persons are not obligatorily insured in the state pesion insurance scheme, whereas in Russia, unlike Germany, the state pension insurance scheme is mandatory for all self-employed persons.Considering the different legal frameworks in Germany and in Russia, the article analyses various reform proposals aiming at tackling the above-mentioned challenges for the social security systems, and looks for adequate responses to ensure access to social security for digital platform workers. In particular, the following questions are investigated: Is it sufficient to subsume digital work under the existing employment categories? Could it be an appropriate solution for the access of digital workers to social security to introduce a new employment category only in social law?Keywords: digital platform worker, social security, self-employed person

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