Legal Mechanisms for Protection of the Rights of Participants in Contractual and Non-Contractual Legal Relations

The aim of this study is a comprehensive analysis of legal mechanisms to protect the rights of participants in contractual and non-contractual relations based on the experience of foreign countries, namely: Australia, Brazil, Spain, Mexico, Germany, Portugal, Turkey, France, and Switzerland. This research involved the following methods: sociological analysis, system-structural and comparative methods, logical-semantic and formal-logical methods, as well as the dialectical method. Our study resulted in identification of the main characteristics and features of legal mechanisms to protect the rights of participants in contractual and non-contractual relations of each of the studied countries. As a result, we drew conclusions about the need to update the regulatory framework of most of the said countries. The further use of mechanisms for legal protection of the rights of participants in contractual and non-contractual relations will help ensure their real and effective protection.

Responsabilidade Civil por Ato de Terceiro: Reflexões sobre a Responsabilidade Civil do Administrador de Grupos em Aplicativos de Troca de Mensagens

The evolution of social relations brings, among others, the challenge of thinking about the civil liability of the administrator of groups of applications for exchanging messages for the manifestations of its members. In our law, the rule is liability for its own act, with the exception of civil liability for the act of another. Thus, it is necessary to question whether the role of the administrator of message exchange groups is in addition to any of the hypotheses provided for by law. In being positive, which of the exceptions does the message exchange application group administrator fit into? In being negative, one wonders whether there is a duty to moderate the manifestations. Considering both hypotheses, there are limits to this responsibility established, for example, by freedom of expression? Analyzing these questions based on bibliographic research and pertinent jurisprudence, it is concluded that the civil liability of the group administrator of the application group of exchange of messages is by his own, subjective action and does not conflict with freedom of expression. The subject is approached using the dialectical method. With regard to the procedure, bibliographic research on the subject was used, including the analysis of relevant precedents.

Medieval juristic regulae: unity or disunity?

Summary This article is dedicated to the regulae iuris in general, and their role in medieval jurisprudence in particular. After providing a survey of the state-of-the-art literature on regulae and discussions surrounding them, the article provides arguments in support of the thesis that the use of existing regulae and the creation of new ones were an integral part of the method of medieval jurisprudence, itself part of the general medieval dialectical method of reasoning. The article also discloses the parameters and interesting preliminary results of an ongoing research project on regulae iuris in the University of Ghent.

Struktur, Pandangan Dunia, dan Struktur Sosial dalam Hikayat Mareskalek Karya Abdullah bin Muhammad al-Misri: Tinjauan Strukturalisme Genetik

This research aims to reveal the structure, world view, and social structure in Abdullah bin Muhammad al-Misri'sHikayatMareskalek (HM) with the theory of genetic structuralism by Lucien Goldmann’s perspective. This research used the first version of HM text or HMa Cod. Or. 1724 edited by Zaini-Lajoubert. The data of this study were obtained by using the reading-note technique and dialectical method. The data for the three research variables are HM text; philosophical, cultural, and ideological texts; as well as texts of social research results, such as economics, politics, and the like that are relevant to HM. These data are analyzed by a dialectical method to show the relationship between variables by placing them in the overall social structure. The results of this study indicate that the structure of the Hikayat is formed from various oppositional relations which generally show colonial opposition to the natives and the Chinese,as well as Islam and Islamism to colonialism. The structure depicts Mareskalek's interiority as a troubled hero, but he wants to unite with the world. By borrowing a novel concept of Lukacs, HM is a type of education. The worldview expressed is leadership elitism and Islamism. The first world view appears from the structure that puts the colonial as superior to other social classes. Meanwhile, Islamism can be seen from the structure that declares Islam and Islamism above colonialism. Both of them are contradictory related. On the one hand, al-Misri stated the values of colonial superiority by manipulating historical facts. On the other hand, he was against colonialism though not directly. This is made possible by the social changes that occurred as a result of Daendels' various policies. In addition, the author is in an intermediary position. As part of the Arab community, he is below the colonial and above the natives in the structure of the Dutch East Indies society.

Confidential communication of a lawyer with his client as a guarantee of advocacy

This article is devoted to the disclosure of theoretical and applied issues related to the implementation of one of the main guarantees of a lawyer's professional activity, namely ensuring the confidentiality of his communication with his client. The study revealed various approaches of scholars, as well as the position of the legislator on the practical provision of the right of a suspect (accused) to confidential communication with his lawyer, especially in cases of detention of such a person. The international standards and practice of the European Court of Human Rights in the aspect of implementation of the prohibition of interference in private communication of a lawyer with his client are also analyzed. The position is argued that the existence of undoubted trust in the professional activity of a lawyer, as the quintessence of advocacy, is possible only if the principle of confidentiality is ensured, including the prohibition of interference in private communication between the lawyer and the client. To achieve this goal, the authors used methods typical of legal science. The study was conducted using a dialectical method of cognition of legal reality, which provided an opportunity to analyze the essence of the guarantee of interference in private communication between lawyer and client, while the use of system-structural method provided an opportunity to determine the overall structure of the study. Based on the study, the author concludes that Ukrainian law pays considerable attention to ensuring the confidentiality of communication between a lawyer and his client, which generally complies with international principles in this area and aims to create appropriate conditions for confidentiality and legal secrecy as necessary conditions. advocacy.

Artificial intelligence in justice

The relevance of this study is condition upon the necessity of an in-depth investigation of the phenomenon of artificial intelligence, including its use in the judicial system of various legal states and its impact on the entire judicial system of the state. In this regard, the present paper aims to cover the main definitions of the concept of artificial intelligence, its origins, characteristics, grounds for application, as well as direct interaction and influence on the implementation of the main tasks of justice through the use and development of artificial intelligence in the judicial procedure. The leading method of this study is dialectical, although the authors also employ a combination of other different methods of scientific cognition. The dialectical method, which underlies the theoretical work and is directly listed as fundamental, allowed thoroughly analysing the nature of the concept of artificial intelligence, its key advantages and disadvantages, by analysing its use in the legal systems of the world's leading states. This paper investigates the emergence and transformation of artificial intelligence in modern technological and information relations, its gradual introduction in various spheres of life, namely the ways of implementation and the possibility of application in justice.

The Boundaries of Knowledge: The Unity of Rabbi Joseph B. Soloveitchik’s Jewish Philosophy in Light of His Doctoral Dissertation

Two philosophical positions adopted by Soloveitchik in his doctoral dissertation continued to inform his Jewish philosophical writings throughout his career. The first position, epistemological pluralism, stands behind Soloveitchik’s approach to the religious view of causality and repentance in his writings during the 1940s–1960s. It also grounds his consistent use of the dialectical method. The second position, the eternal mystery of the unknown, comes from the Marburg neo-Kantian Paul Natorp; this idea is a consistent thread throughout Soloveitchik’s writings and a foundation of his existentialist writings through the late 1970s. The conclusion suggests how these two positions might be related to one another.

Dialectics of Technoscience

Dialectics is a philosophical method developed by Hegel (1770–1831), but building on an intellectual tradition whose origins can be traced back to ancient Greece. Dialectics was initially practiced as an educational technique for conducting philosophical discussions. For Hegel, however, dialectical processes can be discerned in the dramatic unfolding of nature, history and human thinking as such. The first dialectical thinker, in the genuine sense of the term, according to Hegel (1971), was Heraclitus (535 – c. 475 BC), in whose “obscure” aphorisms Hegel recognises the awareness that dialectics is more than merely a technique to foster critical reflection. Heraclitus already refers to a basic logic guiding the dynamics of nature as such, to a λόγος at work in actual processes of becoming and change, giving rise to contrasting and contradictory developments (“objective dialectics”, as Hegel phrases it). For dialectical thinkers, the dialectical method is fundamentally in tune with nature, because nature as such is inherently dialectical. Hegel considered Aristotle as ancient philosophy’s most thoroughly dialectical thinker, as we have seen, while Hegel himself is regarded as a modern Aristotle (Beiser, 2005, p. 57; Pippin, 2019, p. 301).

CONSTRUCTION AND SPECIFICITY OF POLITICAL MYTH AS AN INSTRUMENT OF DIALOGUE AND INFLUENCE

This work analyzes political mythologization, in particular within the framework of the dialectical confrontation between the artificial images of the “Messiah” and the “World Demon”. The purpose of the work is to identify the constructive and functional features of a political myth with a specific teleological purpose. Among others, an important task is to identify the destructive trends caused by the speculative influence of a political myth. The research methodology includes the dialectical method used as a tool for investigating the internal contradictions of the political myth phenomenon This method was also used to analyze the opposition of two artificial images (the “Messiah” and the “World Demon”). The analysis of authenticity (as the correspondence between positioning and content) of political mythologization as a kind of speculative system was used to identify its specifics of functioning and impact on the objects that are the main targets. This method in combination with the primary deconstruction of a monolithic myth is necessary for the subsequent synthesis of the obtained results. The modeling method allowed us to form the characteristic features of a political myth. Some elements of ethical and psychological approaches, as well as the approaches of religious studies were also used to fix the pragmatic and speculative aspects of a political myth. The following results were obtained: 1) aestheticization is an important component of a political myth; 2) for all their seeming abstractness, the images of political mythologization have pragmatic literality; 3) the parasitical nature of political mythologization was revealed; 4) the relativity of the concepts of freedom and individuality in a political myth was shown; 5) the aspect of conformism and pragmatism of political mythologization was established; 6) political myths create conditions for destructive behavior and attitudes.