The Long Arc of Legality

The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.

REVISITING CHOISE OF A STRATEGY FOR RUSSIAN LEGAL SPACE DEVELOPMENT

Автор, принимая во внимание выделяемые философами древности необходимые условия (факторы) государственного самосохранения, отмечает, что самой важной целью государства является не его собственное сохранение, а сохранение его главного ресурса - человека. Поскольку право - это регулятор (по определению) и индикатор происходящих в государстве событий, веяний (по В. О. Ключевскому), автор рассматривает один из самых тревожащих юридическое сообщество вопросов законодательной (прежде всего конституционной) перестройки - вопрос о наделении роботов правосубъектностью, что приравнивает статус робота к статусу человека. В связи с этим рассмотрены следующие вопросы: 1) необходимость стабильности для жизни людей, а следовательно, для жизни государства; 2) закон человеческого вырождения; 3) нахождение государственных законов внутри природных законов. Сделаны выводы, которые необходимо принять при разработке стратегии российского правового пространства. Знание и сохранение внутреннего равновесия (природной гармонии) - это необходимость, без которой не выживет человечество в целом. The author takes into account the warnings of ancient philosophers to deduce the necessary conditions (factors) of state self-preservation. But the most important goal of the state is not only its own preservation, but the preservation of its main resource - man. Since law is a regulator (by definition) and an indicator of events and trends taking place in the state (according to V. O. Klyuchevsky), the author considers one of the most disturbing symptoms of legislative (primarily constitutional) restructuring for the legal community - the issue of granting robots legal personality, which equates the status of a robot with the status of a person. In this connection, the following issues were considered: 1) the need for stability for the life of people, and therefore for the life of the state; 2) the law of human degeneration; 3) the finding of state laws within natural laws. The conclusions that need to be taken when developing a strategy for the Russian legal space are drawn. Knowledge and preservation of internal balance (natural harmony) is a necessity, without which humanity as a whole will not survive.

V. S. Nersesyants’ Political and Legal Ideas about the Rule of Law State and Their Reflection in the Constitution of the Russian Federation and the Constitution of the Republic of Armenia

Since the inception of the idea of the rule of law state, the problems of its formation and development have always been in the focus of attention of progressive countries, as well as humanities scholars. During the years of perestroika, for the purposes of prospective legal construction, V. S. Nersesyants formulated the distinctive features and components of the rule of law state, without which the existence of the rule of law state is impossible. Well-known historical events led to the beginning of the formation of a new legal space on the territory of the Russian Federation and the Republic of Armenia, which is primarily due to the adoption of basic laws - the Constitutions of these countries. This article examines the political and legal views of V. S. Nersesyants about the rule of law state. The analysis revealing the reflection of his ideas in the Constitution of the Russian Federation and the Constitution of the Republic of Armenia is carried out.

Legal space of the state: constitutional and legal aspect

The article considers the features of the category "legal space". The author cites the views of scholars engaged in the study of this legal concept. By linking the category of "legal space" to constitutional law, a conclusion is made about space as a constitutional-legal category. It is indicated that the development and assertion of Ukraine's own path and place in the geopolitical environment, its inclusion in European and world integration processes are inextricably linked with the organization of rule-making and law enforcement activities of public authorities and local governments, which would meet modern trends and international standards. in this area. New trends in the constitutional and legal construction of the country, the formation of civil society institutions, optimization and reform of public administration determine the new conditions for the implementation of state power, a prerequisite for effective operation of which is the unity of the legal space. It is established that legal space as a constitutional-legal category is a specific functional category of the science of constitutional law, which reflects certain spatial boundaries of the origin and development of any constitutional-legal action, the constitutional process, constitutional norm, state or event. Thus, space is a spatial boundary established by the Constitution, which can overcome itself and be replaced by more progressive in the implementation of constitutional and legal reform. They also simultaneously form a certain boundary, beyond which begin to develop constitutional relations.

Harmonization of Legislation in the Field of Employment as a Means of Forming a Common Labour Market of the CIS Member States in the Context of the Eurasian Perspective

The article is devoted to the problems of harmonization of legal regulation in the field of employment of the population of the CIS member states in the context of the Eurasian perspective. The creation of a single legal space of the CIS member states contributes to the effective functioning of the common labor market, the structure of which will be determined by the harmonized, and in many parts unified national legislation of the CIS member states. The problem of harmonization of legal regulation in the field of employment of the population is considered in the context of solving a broader task: creating a single legal space of the common labor market of the CIS member states. The article analyzes the principles, levels, mechanism, stages of harmonization of legal regulation in the field of employment of the population of the CIS member states in the context of the Eurasian perspective.

Legal regulation of religion in the context of ecclesiastical law as a model of a single legal space in Europe

The basic historical conditions for the formation of religious doctrines within the Christian faith were determined. It was established that the church proclaiming the need for unity of Europe did not object to the existence of nation states. The conclusion regarding the desire of the church to subject the political power in the states of Europe and thereby establish unity of management methods was proved. Such methods were based on the principles of Catholic religious doctrine and dogma. The content culturological integration processes in the environment, particularly in science and art was disclosed. It was identified their impact on integration and mutual penetration of ideas of humanistic orientation into the European consciousness.

Constitutional and legal principles of Soviet Federalism

The subject of this research is establishment and development of the principles of Soviet federalism: ideocracy, class character, proletarian internationalism, party spirit, right of nations to self-determination, two-level nature, unity of legal space, dual sovereignty, inviolability of the territory of the republics, dual citizenship, etc. The goal lies in examination of the sources, peculiarities of constitutional layout, evolution of the principles of Soviet federalism, and their role in the crisis and downfall of the Soviet federalism. The author offers the   definitions of such phenomena as the Soviet federalism and the Soviet federation, which defines the novelty of this work. Classification is given to the principles of Soviet federalism in accordance with the criteria outlined by the author: 1) by the time of emergence, the principles are divided into ideological (ideocracy, class character, proletarian internationalism, party spirit, right of nations to self-determination, etc.) and state-legal (single citizenship, inviolability of the territories of the republics, unity of legal system, supremacy of federal legislation, etc.); 2) by the method of codification, the principles are divided into constitutional (ideocracy, class character, right of nations to self-determination, etc.), and stemming from the essence of constitutional norms (asymmetry, party spirit, two-level nature). It is noted that some principles of Soviet federalism fade their significance over time (class character), while others are eliminated from the constitutional and legal practice (principle of mutual control over observance of the all-union and republican legislation). It is substantiated that Soviet federalism was jeopardized mostly by the fundamental interrelated ideological principles: ideocracy, party spirit, and right of nations to self-determination. The author’s special contribution consists in introducing archival documents into the scientific discourse.

Justice, Law, and the Educative Power: Revisiting ‘Force of Law’

This paper examines Jacques Derrida's analysis of Walter Benjamin's ‘Critique of Violence’ in the context of their respective theories of the university. Whereas Derrida foregrounds the complex ways that the university and law are intertwined, Benjamin claims that the ‘educative power’ stands removed from the law by identifying the university with ‘divine violence’. ‘Force of Law’ not only questions the possibility of a neutral, pre-legal space that Benjamin's theory warrants, ‘Force of Law’ also draws attention to the laws structuring the colloquia that gave rise to Derrida's text. This paper claims that Derrida's analysis of justice, law, violence, and justesse is thus informed by a theory of the university, and that the ways in which Derrida's theory of law stands opposed to Benjamin's parallels the ways in which Derrida's theory of the university questions Benjamin's understanding of the ‘educative power’. This paper concludes by drawing attention to the demand posed by the absence of justice in the academy. Although the laws of the academy produce justesse in the present, this negatively affirms justice in the future, which cannot wait.

PURPOSE, PRINCIPLES AND SPECIFIC FEATURES OF PROSECUTOR’S OFFICE LEGAL CREATION ACTIVITY

This article describes the specifics of the law-making process conducted by the prosecutor's office. The purpose and principles of the prosecutor's office's participation in this process have been studied scientifically and theoretically. Taking into account the high relevance of ensuring legality in the law-making process, opinions were expressed about the need for adequate regulation and organization of solving this task by the prosecutor's office at the level of law and legality. The participation of the prosecutor's office in law-making activities contradicts the needs of the population, the protection of human and civil rights and freedoms, ensuring the rule of law, promoting the formation of a unified legal space and improving legislation, ensuring consistency legal instructions, systematization of legislation, scientifically based analysis are aimed at reducing the influence of bureaucratic interests and preventing the inclusion of factors that generate corruption in normative acts and their projects