dialectical approach
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2021 ◽  
Vol 17 (2) ◽  
pp. 31-36
Author(s):  
Yuriy V. Kharmaev ◽  
Kristina S. Latypova ◽  
Yuliya А. Saranova

The subject of this research is the criminal subculture, as one of the main elements of modern destructive trends in the youth environment. The authors emphasizes that this phenomenon has been the focus of attention of researchers in various fields of knowledge at different times and has been actively studied not only by domestic scientists. The purpose of this article is to analyze the main modern trends in the spread of the criminal subculture in society, in particular among the youth. The scientific novelty of the work lies in the study of the characteristics of the criminal subculture in modern conditions of information dissemination through social networks, the Internet and other scientific achievements. The practical significance of the article is to familiarize the subjects of prevention of new knowledge in the course of activities to counter the spread of the negative influence of the criminal subculture in society. The study used a dialectical approach in the analysis of the above phenomena, which predetermined a set of scientific methods of cognition: comparative, systemic, historical and legal, documentary, sociological, etс.


2021 ◽  
Vol 30 (4) ◽  
pp. 762-771
Author(s):  
Alexandr G. Topchiyiv ◽  
Vitalii A. Sych ◽  
Victoria V. Yavorska ◽  
Kateryna V. Kolomiyets ◽  
Alexander V. Hryhoriev ◽  
...  

The article presents an overview of modern directions and approaches to systematics of recreational resources (goods). The purpose of our study is to develop methodological principles of systematics of recreational goods, taking into account their subject specificity and modern research approaches to the systematics of natural, historical, cultural and socio-economic conditions and resources. The article has been used development by domestic and foreign scientists, as well as preliminary author’s studies. Working-out of a scheme of recreational goods systematics took place on the basis of a dialectical approach, which requires all phenomena and processes in their development, interconnection, and interdependence. The article presents an overview of modern directions and approaches to the systematics of recreational goods and provides a general methodological scheme of systematics of recreational goods. The proposed scheme includes the division of recreational goods to natural, cultural and historical and socio-economic, as well as directions of use by recreational goods – public, collective and personality. The intersections of these categories are marked by the main methodological approaches to the evaluation of recreational conditions and recreational resources. For each direction of the classification and systematics of recreational goods, it is necessary to develop methodological principles and methodological means of inventory and assessing the corresponding combination of recreational conditions and resourceswith forms of use by recreation goods. Such justification also requires enclosed blocks of recreational conditions and resources and social varieties of use. Recreational conditions and resources of public usage are available for all users without restrictions of property rights; they are considered as global civilization goods as the “property” of the world community; they do not have the content of the goods and do not form appropriate market relations, as a rule, a global or regional spatial scale. Recreational conditions and resources of collective usage form natural and geographical objects and phenomena with different forms of ownership (state, corporate) and collective (group) use. They can be shared by common goods, do not have a form of commodity and not take part in market commodity- money circulation. Recreational conditions and resources of individual usage are private or group property of vacationers. They remain outside the economic assessment, but can also form their market environments with competitive relations and be objects of commodity-money circulation.


Author(s):  
Purnama Julia Utami ◽  
Sri Musrifah

This study aims to see how pertinent the Dayak elites believe in the transition of relocating their capital to Central Kalimantan. This study uses a historical-dialectical approach to address the Dayak that strengthen their identity. The purpose of this study is to demonstrate the importance of the Dayak in strengthening their identity and reputation. With a newfound identity, Dayak farmers would gain recognition from both the provincial governments and the entire state of Indonesia. From now on, the Dayak would be recognized as a legitimate and valuable population.


Author(s):  
Maxwell Kennel

This essay shows substantial connections between Plato’s dialectical approach in The Republic and Adorno’s 1958 lectures in An Introduction to Dialectics. Although the relationship between Adorno and Aristotle has received some attention, little work has been done either demonstrating or making connections between Plato and Adorno, especially on the topic of the dialectic. This is likely because Adorno himself has little to say about Plato’s dialectic, although he does refer often to Plato’s ideas and forms, and sometimes to his aesthetics. This essay reads against the grain to show how Plato and Adorno conceive of dialectical thinking in strikingly similar ways that run parallel with their discontinuities, and concludes with the suggestion that the figure of chiasmus is well-positioned to push the limits of dialectical thinking.


Author(s):  
Tamara Dudash

The article is devoted to legal argumentation, namely to its research by dialectical approach. The aim of the article is to determine characteristic features of dialectical approach to legal argumentation. Dialectical approach to the research of legal argumentation should include philosophical, theoretical, empirical components. Philosophical component of legal argumentation research consists in the critical conception of rationality i.e. the philosophical axiomatic idea about rationality of legal argumentation, which is systematically tested within discourse or critical discussion. Dialectical theoretical model of legal argumentation ensures mutual acceptability of legal argumentation by the parties. Dialectical approach deals with legal argumentation mainly in the “context of justification.” Dialectical approach to legal arguing implies specific standard of soundness of the argumentation – acceptability standard. Empirical component of legal argumentation includes reconstruction of argumentation and its weighting (analytic component) as well as analysis of particular legal reasoning (practical component). Dialectical approach highlights hermeneutical nature of legal reasoning. Dialectical approach to legal argumentation lets us assume some ontological issues concerning legal argumentation. Legal argumentation is considered as the form of rational communication of particular persons to reach mutual acceptability of legally important conclusions within the procedure of discussion. Legal argumentation is the result of such impact embodied in acceptability of legally binding issues within the procedure of rational discussion.


Author(s):  
Vera Yavir

The processes of ethnopolitical integration and disintegration in interconnection with modern realities, challenges and processes are studied. Within the framework of the dialectical approach, they are defined as components of a single multilevel integration-disintegration process. Ethnopolitical integration may contain features, characteristics of ethnopolitical disintegration, and the latter may have integration consequences, contributing to the consolidation of the nation and society, the preservation of territorial integrity. The preconditions and factors of ethnopolitical disintegration of Ukraine and the forthcoming reintegration taking into account foreign experience are studied.


2021 ◽  
Vol 15 (4) ◽  
pp. 743-750
Author(s):  
V. V. Astanin

Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks determined by a conflict of interests.Methods: the dialectical approach to the cognition of socio-legal phenomena, which allows identifying the unity of opposites in the legal categories that form the conflict of interests concept; the formal-logical method of scientific cognition, presented in the legal-dogmatic analysis of legislative norms; the method of operationalization of concepts.Results: the conducted comparative legal research, expressed in a combination of methods of analysis and synthesis of legal categories aimed at obtaining comparative knowledge, allows correlating their content with respect to the “conflict of interests” concept in proportion to the goals of law enforcement. A legal and linguistic analysis of legal categories has been carried out, the totality of which forms the content of the “conflict of interests” concept. Abstract and definite norms of categories are highlighted in the context of the proof necessary to ensure their connection (presence and absence) with legal facts.Scientific novelty: the term “normative ‘tiered structure’” was introduced into the scientific circulation of legal science, which comprehensively reflects the operational definition of the complex socio-legal phenomena described in composite legal categories. The theoretically presented phenomenon of the normative “tiered structure” conflict of interest in the discreteness of its constituent concepts and dispositive legal categories causes high risks of distortion or erroneous interpretations. These risks are formed out of court, initially registered in the decisions of the conflicts of interest settlement commissions. Prevention of such risks is ensured not only by the involvement of experts who, in addition to legal knowledge and professional-industry knowledge, also have moral and ethical foundations, the bearers of which are the arbiters of precedent law enforcement.Practical significance: the main provisions of the article can be used in practical activities to provide evidence of de jure manifestations of a conflict of interests. The revealed regulatory collisions and the incomplete legal regulation of public relations in the sphere of “personal interest” require improving the anti-corruption legislation in terms of simplifying the concept used for law enforcement purposes.


Author(s):  
Silvia Ivaldi ◽  
Annalisa Sannino ◽  
Giuseppe Scaratti

PurposeBuilding on the existing literature and on a series of interviews conducted in very diverse coworking spaces, this article attempts at analyzing coworking by focusing on the historical evolution and heterogeneity of its interpretations, as well as the plurality of its realization in practice and prospective developments.Design/methodology/approachThe theoretical framework adopted is Cultural Historical Activity Theory – a dialectical approach which allows the study of human activities as historically evolving and complex systems which change under the impulse of their inner contradictions. The analysis presented here starts with an overview of the history of the theoretical elaborations and discussions of coworking. The authors then focus on the experiences and interpretations of this phenomenon as conveyed by coworkers and coworking managers in the north of Italy – one of the most active coworking areas in Europe.FindingsCoworking first emerged as a way of promoting forms of work and organization that require simultaneous, multidirectional, and reciprocal work, as understood in contrast to forms that incorporate an established division of labor, demarcated communities, and formal and informal sets of rules. However, with time, coworking has evolved toward novel directions, giving rise to heterogeneous interpretations of it. Inquiry constitutes a deeper investigation of the heterogeneity of coworking. The take-away message here is that the prefix co- in coworking can be interpreted, through a play of words, to evoke multiple positions and views conveying internal contradictions.Originality/valueThe historical overview of coworking shows a strong differentiation and multisided interpretation of this phenomenon along two dimensions of historical development, namely, social and business, and outward and inward. The qualitative analysis of the interviews traces the different lived interpretations and conceptions of coworking. The analysis confirms, on the one hand, the complexity and heterogeneity described in the literature, and on the other hand, it enriches the literature by depicting the contradictory nature of the phenomenon, including how the historical and inner tensions of coworking are dynamically evolving in the concrete experiences reported by the managers and users in the coworking spaces.


Author(s):  
A.A. Sheptalin

The article deals with the problem of the emergence and formation of prosecutor's offices in Glazovsky, Sarapulsky, Yelabuga and Malmyzhsky uyezds of Vyatka province, which later formed the territorial basis of the Udmurt Republic. The relevance of the issue is connected both with its poorly studied nature and with the continuing dubious practice of considering 1922 as the starting point in the history of the Udmurt prosecutor's office. The purpose of the article is an attempt of historical reconstruction of the organizational and legal origins and subsequent development of the prosecutor's offices in these uyezds, and also the justification of the establishment in 1874 of prosecutorial supervision bodies at the district courts in Vyatka and Sarapul as the starting point in the history under consideration. In the process of research, a wide range of general scientific and historical-legal methods were applied, based on a dialectical approach and using pre-revolutionary sources, including archival materials. The author substantiates the idea that the prosecutor's office long before the revolution of 1917 was an important element of the system of regional state-legal management, and the Soviet Prosecutor's Office of the 1920s emerged as an updated institution, restored on the basis of extensive pre-revolutionary experience and with the assistance of old specialists.


Author(s):  
Maria Ferreira

Abstract This paper establishes a dialogue between populism studies, typologies of reconstruction of the past, and argumentative dialectics. The paper analyzes what types of argumentative strategies are employed in the context of the discussions regarding Spanish memory politics and how those strategies can be associated with typologies of re-elaboration of the past (Caramani and Manucci 2019). Building from argumentative dialectics (Van Eemeren and Grootendorst 2004), the paper studies argumentation structures uttered after the endorsement of the 2007 Spanish Historical Memory Law and the proposal of the 2021 Draft Democratic Memory Law. Departing from the distinction between diverse strategies of re-elaboration of the past, namely, heroization and cancellation (Caramani and Manucci 2019), the paper questions if Spanish decision-makers’ rhetorical strategies and political decisions in the field of memory politics disclose the adoption of particular types of populist behavior. The paper claims that the argumentative tactics used, in the domain of memory politics, by Spanish left-wing leaders reveal the adoption of a heroization strategy. In contrast, the rhetoric of Spanish right-wing leaders favors a strategy of cancellation. The paper also claims that, in the Spanish case, mainly from 2018 onwards, the adoption by Spanish left-wing leaders of a heroization strategy had two consequences. First, it did not reduce the cultural opportunity structure for right-wing populism. Second, it fostered a cultural opportunity structure for the affirmation of left-wing populism. The paper selected argumentative dialectics as a methodological framework (Van Eemeren and Grootendorst 2004). The paper discusses the scientific significance of analyzing memory politics through the lenses of populism studies.


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