Law genesis: problems of methodology

The subject is related to the insufficient investigation of a general theoretical conception of the law genesis. The conception prevailing in Russian legal literature and proceeding from the inseparable connection between state and law genesis is weak in some aspects As a theoretical basis of this investigation the author uses the concept that regards a law genesis in the context of a world evolution. With this approach, the social factors of the emergence of law are preceded by natural factors of the same dimension, and the thesis about the emergence of law simultaneously with human society becomes the starting point in the study. As a result, the subject of the research acquires an interdisciplinary approach and includes the issues of nonlegal scientific disciplines, not only humanitarian (anthropology, ethnology, etc.), but also natural sciences (psychology, genetics of a behavior, etc.). The conclusion that the patterns of behavior development and the mechanisms of its regulation are formed at the natural stage of world evolution is of paramount importance. They arise in the form of reflexes and are then perceived by the merged norms of the custom-mononorm. The latter become a kind of connecting link in the transition from the natural mechanism of regulation of behavior to the social and from the preclass to the early class society regulation mechanism. Law genesis is considered in the article as a contradictory, multiaspect and multistage process with a natural and social content. Sociocultural differences between the countries of the West and the East led to the dissimilarity of the process of law genesis in both. In the first of them, with the victory of capitalism, law overcomes the phenomenon of fusion and appears in a pure form, while in the second, even today there are traditional relations and understanding of law, adequate to the preclass and early class era.

Through the looking glass: The UNCITRAL Rules on Transparency and what they reveal about theories of investment treaty arbitration

<p>This paper aims to use the transparency debate within investment arbitration, and specifically the discussions of Working Group II when preparing the UNCITRAL Rules on Transparency, as a lens to examine how the international community conceptualises investment arbitration. It will argue that investment arbitration is no longer viewed as a private system of dispute resolution akin to international commercial arbitration. Rather, the public interest, public international law, and regulatory nature of investment arbitration is increasingly coming to the fore. Accordingly, the consent of the parties is no longer at the heart of arbitral authority. This paper aims to identify what alternate theoretical conception of investment arbitration is driving transparency initiatives in investment arbitration.</p>

Through the looking glass: The UNCITRAL Rules on Transparency and what they reveal about theories of investment treaty arbitration

<p>This paper aims to use the transparency debate within investment arbitration, and specifically the discussions of Working Group II when preparing the UNCITRAL Rules on Transparency, as a lens to examine how the international community conceptualises investment arbitration. It will argue that investment arbitration is no longer viewed as a private system of dispute resolution akin to international commercial arbitration. Rather, the public interest, public international law, and regulatory nature of investment arbitration is increasingly coming to the fore. Accordingly, the consent of the parties is no longer at the heart of arbitral authority. This paper aims to identify what alternate theoretical conception of investment arbitration is driving transparency initiatives in investment arbitration.</p>

Secrecy, Content, and Quantification

While participating in a symposium on Dave Ripley’s forthcoming book Uncut, I had proposed that employing a strict-tolerant interpretation of the weak Kleene matrices provided a content-theoretical conception of the bounds of conversational norms that enjoyed advantages over Ripley’s use of the strong Kleene matrices. During discussion, I used the case of sentences that are taken to be out-of-bounds for being secrets as an example of a case in which the setting of conversational bounds in practice diverged from the account championed by Ripley. In this paper, I consider an objection that my treatment of quantifiers was mistaken insofar as the confidentiality of a sentence ϕ(t) may not lift to the sentence ∃xϕ(x) and draw from this objection that neither the strong nor the weak Kleene interpretation of quantifiers suffices, but that a novel interpretation may do so.

Human Capital Concept Evolution in the Context of Scientific Knowledge Stages Dynamics

The article studies the human capital concept genesis and development in the context of philosophical and scientific knowledge dynamics. Society transformation to the post-industrial stage of social development led to the foundation of human capital theoretical conception. The relevance of the paper was dictated by the increasing human capital volume in the structure of modern social reproduction. The theoretical and methodological bases of the research are philosophical treatises of Aristotle, Thomas Aquinas, T. Hobbes; political economy classics works by W. Petty, J. S. Mill, A. Smith, K. Marx; ideas analysis by F. Taylor, H. Ford, J. Minser, T. Schultz, G. Becker and others; articles by Russian and Belarusian economists like R. M. Nureev, Yu. V. Latov, R. I. Kapelyushnikov, M. M. Kovalev, E. G. Gospodarik. The empirical base is World Bank reports, human development reports of the UN. Analysis of literature revealed insufficient interest in human capital in the philosophical knowledge field, despite the fact that the concept related to axiological and existential aspects of human existence. The purpose of the paper was to perform philosophical and methodological research of the human capital concept, and identification of human capital status in post-industrial society resources structure. Historical and philosophical reconstruction methods, principles of systemic and transdisciplinary approaches were used to achieve the goal. The relationship between stages of social-economic society development and resources dematerialization was revealed. Four development stages of the human capital concept in the paradigm of science dynamics by V. S. Stepin were highlighted. The ambivalent status of the concept in scientific knowledge and public consciousness was substantiated. The significant resource potential of human capital at the post-industrial stage of society development was revealed.

The Permissible (Mubah, Also Halal, Ja’iz)

Whereas the preceding chapter expounded the theoretical conception of permissibility in shariah, this chapter expounds its practical manifestations. The permissible (mubah, also halal, ja’iz) is also not a monolithic concept, but rather occurs within the various types that are explained together with their legal and moral consequences and that which may be considered as totally neutral. The focus of the discussion is on the fiqh treatment of mubah as a value category, including its sources, varieties, and how it is understood by the leading schools of Islamic law. Of the three Arabic words that appear in this heading, halal and its derivatives occur more frequently in the Qur’an and hadith, whereas the fiqh literature is more inclined to employ mubah and ja’iz.

A Discourse-Theoretical Conception of Practical Reason

Contemporary discussions about practical reason or practical rationality invoke four competing views, which, by reference to their historical models, can be named as follows: Aristotelian, Hobbesian, Kantian, and Nietzschean. The subject matter of this chapter is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the core lies the justification and the application of the rules of discourse. An argument consisting of three parts is presented to justify the rules of discourse. The three parts are as follows: a transcendental-pragmatic argument, an argument that takes account of the maximization of individual utility, and an empirical premise addressing an interest in correctness. Within the framework of the problem of application, the chapter outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory.

Re-Examining Death: Doors to Resilience and Wellbeing in Tibetan Buddhist Practice

This paper explores how conceptions of death and the ways in which such conceptions shape responses to death determine ways of living as well as valued approaches to dying. The paper posits the question: can a fundamental understanding of death contribute to the development of adaptive social traits that lead to more sustainable phenomenological experiences of happiness and flourishing? Employing an anthropological lens, this work starts from the initial inquiry of “what is death?” by looking at cross-cultural historical and theoretical accounts of death and comparing the modern (medicalized) death to the Tibetan Buddhist notion of death. It examines how the practice of a “medicalized death” has shaped the understanding of contemporary death and the ways in which dying is approached. It employs the hermeneutic of a biopsychosociospiritual death to gain a holistic understanding of human mortality. This analysis, based on an 18-month ethnographic study among a Tibetan refugee community in southern India, explores the conception of death for this community using biological and cultural lenses. Moreover, it presents conceptions of death in Tibetan Buddhist culture, paying particular attention to how death is employed as an adaptive cultural tool in pursuance of positive behavioral changes and happiness at both individual and societal levels. In doing so, the paper presents both the theoretical conception of death and dying as well as its role in animating Buddhist cultural values and beliefs. Importantly, it presents a general landscape of Tibetan Buddhist cultural models that facilitate multiple ways of dying that are specifically dependent on an individual’s familiarity with practices related to death and dying and his or her own level of engaging such spiritual practices.

Innovation, Ruptures and Economic Cycles in Technology Platforms: Proposition of an analytical framework

The world has been going through many technological transformations, which affect not only the productive systems, but also the prevailing social and institutional spheres, creating a fragmented and hard to understand scenario. Different theories aim at evaluating some specific dimensions of the complex process in course at the micro- meso- and macrolevels; however, none seems to encompass the multiple dimensions of the phenomenon concomitantly. To address such research gap, we resort to adaptive theory, which, on the one hand, turns to theoretical constructs on disruptive innovation, creative destruction and economic cycles; on the other, resorts to data and information on the emergence and proliferation of platforms for collaborative consumption. Our paper brings a unified theoretical conception, allowing a more comprehensive and integrated analysis of more than one dimension of the transformation process currently in course.

Inovação, Rupturas e Ciclos Econômicos em Plataformas Tecnológicas: Proposta de um Modelo de Análise

The world has been going through many technological transformations, which affect not only the productive systems, but also the prevailing social and institutional spheres, creating a fragmented and hard to understand scenario. Different theories aim at evaluating some specific dimensions of the complex process in course at the micro- meso- and macrolevels; however, none seems to encompass the multiple dimensions of the phenomenon concomitantly. To address such research gap, we resort to adaptive theory, which, on the one hand, turns to theoretical constructs on disruptive innovation, creative destruction and economic cycles; on the other, resorts to data and information on the emergence and proliferation of platforms for collaborative consumption. Our paper brings a unified theoretical conception, allowing a more comprehensive and integrated analysis of more than one dimension of the transformation process currently in course.