scholarly journals Activity as a dominant of conceptual legal realism

2021 ◽  
pp. 30-44
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
Meaning Making ◽  
Contemporary History ◽  
Conceptual Approach ◽  
Legal Realism ◽  
Legal Thought ◽  
Local Schools ◽  
Key Characteristics ◽  
History Of ◽  
Objective Meaning ◽  
Cognitive Attitudes

The subject of this research is the concept of activity – one of the semantic characteristics of conceptual legal realism. The latter is viewed as a certain paradigm or gnoseological strategy, which serves as the basis for the development of cognitive attitudes. Legal realism is often erroneously reduced to the regional and local schools and trends of the legal thought. However, the study of legal realism as a conceptual technique, which has different interpretation of one of the central and meaning-making themes in the history of legal thought, allows introducing significant clarifications into the understanding of realism in jurisprudence from the perspective of the history of its formation, as well as heuristic capabilities in modern legal science. Activity is viewed as one of the key characteristics of the realistic approach towards law, taking into account various interpretations of realism. The novelty of this research consists in examination of the problem of realism in jurisprudence and its fundamental semantic characteristics through the prism of conceptual approach. The problem of psychology of activity, which was actively developed by the Soviet philosophical-psychological school, is closely related to the development of realistic interpretations of law in the contemporary history of legal thought. The author substantiates the position that application of the construct on the differentiation of the objective meaning from subjective-personal sense in the area of cognition of law allows to critically reconsider such trends on the modern legal thought that position themselves as the varieties of legal realism, clarify possible directions in the development of realism in jurisprudence.

An educational perspective on the philosophy of Petre Paul Negulescu (1872–1951) at the Romania Centennial’s (1918–2018)

2018 ◽  
Vol 5 (1) ◽  
pp. 57-67
Author(s):  
Virtop Sorin Avram
Keyword(s):  
Educational System ◽  
Social Economic ◽  
Contemporary Philosophy ◽  
Conceptual Approach ◽  
Education Philosophy ◽  
Key Characteristics ◽  
Modern Thought ◽  
History Of ◽  
Educational Perspective ◽  
Keywords Education

A disciple of Titu Maiorescu (1840–1917), Petre Paul Negulescu, along with Constantin Radulescu-Motru (1868–1957) and Ion Petrovici (1882–1972), is regarded as being among the most prolific thinkers in Romanian modern thought and one of the founders of the modern Romanian culture. Historical changes he could never envisage have left their mark upon the perception, reception and interpretation of his work. The paper reviews the key characteristics of Petre Paul Negulescu’s work as reflected in his studies on the origin of culture, the philosophy of Renaissance and two magnificent works, The History of Contemporary Philosophy and The Destiny of Humanity. The aim is to contextualise these works within the field of philosophy in terms of their sources, conceptual approach and hermeneutics. As well as furnishing the Romanian culture with a wealth of original thought, his pertinent analysis of social, economic, cultural and political changes, and his involvement in improving the educational system through his position as Minister of Instruction, have made him worthy of criticism and an outstanding reference point in times of revival. Keywords: Education, philosophy, culture.

Leaving Nuremberg: America’s love/hate relationship with international law

2008 ◽  
Vol 34 (3) ◽  
pp. 425-443
Author(s):  
LINDA S. BISHAI
Keyword(s):  
International Law ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Legal Realism ◽  
Legal Thought ◽  
History Of ◽  
Legal Thinking

AbstractThe official US attitude towards the prosecution of crimes against humanity and war crimes changed dramatically from the universality of Nuremberg to the exceptionalism of the Rome Treaty negotiation. This article argues that the history of US legal thinking indicates that both stances are the result of a conceptual battle between legal realism and legal idealism – strains of international legal thought that pose a battle of opposites which is never fully resolved into a coherent approach. Although Nuremberg would seem to illustrate the idealist extreme and the abstention from Rome the realist one, in fact both stances were the culmination of intense negotiation and argumentation between the two strains of thought.

scholarly journals Genesis, nature, and specificity of application of realistic approach in the history of American legal thought

2021 ◽  
pp. 1-8
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
American Literature ◽  
The United States ◽  
Sociological Study ◽  
Legal Realism ◽  
Legal Thought ◽  
Realistic Approach ◽  
History Of ◽  
The Subject ◽  
Theoretical Conceptualization

The subject of the study is the American legal thought of the period of its establishment and theoretical conceptualization, which was closely related to such characteristic as the realistic approach towards law that stood apart in the sociological and realistic directions. The attempts of interpreting the views of this regional intellectual group of legal experts as the classical version of legal realism are subjected to critical reevaluation. For assessing the specificity and content of the direction of legal thought referred to as “American legal realism”, the author explores the philosophical-methodological grounds of the cognition of law and interpretation of its concepts in the context of the aforementioned trend, separate substantial aspects of the genesis of realistic approach towards legal problematic in the history of American legal thought, as well as specificity of such characteristics of the court function as “judicial legislation” in through the prism of “legal realism”.  The novelty of this research consists in detailed clarification of certain essential aspects of the genesis and evolution of American legal thought. Emphasis is placed on the poorly studied aspects of the criticism of legal realism in American literature. The latter is used rarely or fragmentally in the Russian research dedicated to the application of realistic approach towards law in the United States, including correlations with some European direction of “realistic” jurisprudence. Examination of philosophical-methodological framework of American legal realism allows revealing significant inaccuracies and distortions in classification of this trend as realistic, which in fact is rather of nominalistic nature. Realistic in relation to this trend of American legal thought is applicable only to separate characteristics of the sociological study of justice.

scholarly journals Psychological legal realism of P. V. Delarov

2021 ◽  
pp. 20-34
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
Legal Realism ◽  
Legal Scholar ◽  
Psychological Concept ◽  
Legal Thought ◽  
Legal Science ◽  
Legal Literature ◽  
History Of ◽  
Methodological Principles ◽  
Xix Century ◽  
Scientific Worldview

The subject of this research is the works of the Russian legal scholar of the second half of the XIX century P. V. Delarov, better known to his contemporaries as a collector of antiques. Since the late 1870s he wrote several essays covering the fundamental and applied topics and problems of legal science and practice. His works are poorly studied within the framework of legal disciplines of historical and philosophical-legal profiles, however represent particular interest for the history of establishment of legal thought in Russia. This particular pertains to the author’s reference to the tasks on reforming legal science into psychology of law; renewing the theoretical-methodological principles and characteristics, which allowed the Russian legal scholar to resolve the fundamental contradictions in the area of cognition and interpretation of law, associated with idealistic or realistic arguments. The scientific novelty of this research lies in the following aspects: description and analysis of the legal views of P. V. Delarov, which were not been previously studied in the history of legal thought; substantiation of the conclusions that he formulated the first theoretically mature and developed psychological concept of law within the Russian legal literature; the concept of P. V. Delarov appeared much earlier than the psychological concept of L. I. Petrażycki;. Delarov’s concept in its essence represented a variety of realistic theories that rely on the tendency of “scientification” of jurisprudence within the framework of natural-scientific worldview of the XIX century. This article also presents other generalizations and explanations of P. V. Delarov's legal views, which allow introducing significant clarifications into understanding the processes of the emergence of psychological approaches towards law in the Russian and Foreign legal literature.

Legal Realism in Chicherin’s Philosophy of Law

2020 ◽  
pp. 68-71
Author(s):  
Vladimir Sergeevich Gruzdev
Keyword(s):  
Russian Philosophy ◽  
Philosophy Of Law ◽  
Legal Realism ◽  
Making Meaning ◽  
Social Facts ◽  
Legal Thought ◽  
History Of ◽  
Central Meaning ◽  
Legal Understanding ◽  
Xix Century

The paper considers the problem of determining the origins of legal realism by the example of the views of the outstanding representative of the Russian philosophy of law B.N. Chicherin as a generalized characteristic of the methods of legal knowledge and legal understanding that are widely used in modern legal thought. Taking into account the varie-ty of meanings and interpretations of the realism of law, the study demonstrates, first, the problem of articulating the central meaning of the principle of realism in the philosophy of law of the XIX century, which is fixed in Russian legal thought, secondly, the author substantiates the thesis that the name “legal realism” is not unambiguous and implies a variety of options for its conceptual design. Analyz-ing Chicherin’s legal views, the paper argues that legal realism in the modern history of political and legal thought is not seen only as the installation of the legal version of the philosophy of pragmatism, with its focus on making meaning based on social facts, but as a direction, articulated the recognition of the reality of law as a spiritual phenomenon.

scholarly journals The problem of theoretical-methodological “refinement” of jurisprudence

2021 ◽  
pp. 1-9
Author(s):  
Dmitry Aleksandrovich Savenkov
Keyword(s):  
Legal Theory ◽  
Phenomenological Approach ◽  
Contemporary History ◽  
Legal Thought ◽  
Adequate Understanding ◽  
History Of ◽  
Theory Of Law ◽  
Legal Concepts ◽  
Legal Understanding ◽  
Xix Century

The subject of this research is the essential characteristic of the history of legal thought of the last two centuries, which directly pertains to the theoretical-methodological fundamentals of legal theory. In the conditions of the object-disciplinary establishment of legal science as the theory of law since the end of the XVIII century, crucial significance has acquired the orientation towards demarcation of logical-gnoseological and real-psychological aspects of legal understanding. The article analyzes the peculiarities of the corresponding theoretical-methodological opposition, which manifested in the appeals to the construction of “refined” legal concepts that exclude any real arguments of social, historical, political, or psychological nature. By the end of the XIX century, namely in the field of the philosophy of law, has escalated the competition between psychologism and anti-psychologism in law. The novelty of this research lies in determination of the new patterns of theoretical and methodological opposition of psychological and anti-psychological attitudes of legal understanding in the evolution of legal thought in contemporary history. It is demonstrated that the phenomenological approach, which claimed to provide jurisprudence with an authentic scientific methodological apparatus, reduced the problem of legal understanding, however, did not contribute to the adequate understanding of law as a complex gnoseological object. Anti-psychological classification of phenomenology cannot be acknowledged without a profound analysis of the conceptual framework that contributed to the evolution of this approach in the sphere of cognition and interpretation of law.

On The Possibility of an Autonomous History of Modern Southeast Asia

1961 ◽  
Vol 2 (2) ◽  
pp. 73-105 ◽  
Author(s):  
John R. W. Small
Keyword(s):  
Southeast Asia ◽  
Contemporary History ◽  
The Past ◽  
History Of

It is generally accepted that history is an element of culture and the historian a member of society, thus, in Croce's aphorism, that the only true history is contemporary history. It follows from this that when there occur great changes in the contemporary scene, there must also be great changes in historiography, that the vision not merely of the present but also of the past must change.

The Guatemalan Genocide Through Indigenous Mayan Literature Twenty Years After the Peace Accords: Rigoberta Menchú, Humberto Ak´Abal and Victor Montejo

2017 ◽  
Vol 7 (1) ◽  
pp. 31
Author(s):  
David Caballero Mariscal
Keyword(s):  
Social Exclusion ◽  
Dark Period ◽  
Social Situation ◽  
Point Of View ◽  
Contemporary History ◽  
Rigoberta Menchu ◽  
Testimonial Literature ◽  
History Of ◽  
Peace Accords ◽  
Historical Truth

Guatemala experienced a cruel genocide in the early eighties, in the context of a repressive Conflict. Due to the different governments´ repressive policies, this terrible social situation was little known abroad, and even in the own country. Just after the Peace Accords, several organisms worked to uncover the historical truth. In any case, we cannot forget that testimonial literature is a privileged mean to know this dark period of the contemporary history of Guatemala. This genre is particularly relevant, because the main writers are originally Mayans, and have directly suffered both repression and social exclusion due to ethnic reasons. Rigoberta Menchú, Unmberto Ak´abal and Víctor Montejo represent a new and original point of view in the measure in which they describe feelings and situations from the perspective of those who experience them personally. Testimonial literature or the Testimonio becomes an ethnographic document that allows us to know not just a period but a people who have suffered from repression and exclusion for centuries.

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