scholarly journals Doctrinal basis of the Soviet law science —epistemological and praxeological dimensions

2021 ◽  
Vol 7 (3) ◽  
pp. 45-53
Author(s):  
Evgeni A. Apolski ◽  
Andrei Yu. Mordovtsev ◽  
Aleksei Yu. Mamychev
Keyword(s):  
General Theory ◽  
Legal Theory ◽  
Scientific Research ◽  
Theoretical Knowledge ◽  
Legal Knowledge ◽  
Philosophy Of Law ◽  
Legal Thought ◽  
History Of ◽  
Theory Of Law ◽  
Further Development

The article considers the Soviet dissertation theoretical and legal doctrines as a scientific category with a set of specific features. The author draws attention to the fact that the massive layer of legal theoretical knowledge known as Soviet jurisprudence and the legal teachings reflecting the evolution of Soviet law are insufficiently studied in ontological and epistemological terms. In specific, the role, place, and significance of Soviet dissertation legal theoretical teachings are lacking in the literature. Moreover, the Marxist methodology of legal knowledge, which should be used in modern educational and scientific space, lacks clear assessment. The author analyzes the most important thesis on the theory of law, which reflect the ontological and methodological foundations of the Soviet law and legal theory presented in the theses. This article lays the basis and the vector of further development of Soviet jurisprudence. These dissertation doctrines are analyzed to further use them in the scientific research of laws and trends in the development of Soviet legal thought. The results of these analyses are crucial for the history of political and legal doctrines, general theory of law, and philosophy of law and can be used in other areas of legal (including industry) science, considering their interdisciplinary heuristic potential.

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.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

scholarly journals Hart's Methodological Positivism

Legal Theory ◽  
1998 ◽  
Vol 4 (4) ◽  
pp. 427-467 ◽  
Author(s):  
Stephen R. Perry
Keyword(s):  
General Theory ◽  
Natural Law ◽  
Legal Theory ◽  
Legal Positivism ◽  
Social Phenomenon ◽  
Modern Times ◽  
Theory Of Law ◽  
Michael Moore

To understand H.L.A. Hart's general theory of law, it is helpful to distinguish between substantive and methodological legal positivism. Substantive legal positivism is the view that there is no necessary connection between morality and the content of law. Methodological legal positivism is the view that legal theory can and should offer a normatively neutral description of a particular social phenomenon, namely law. Methodological positivism holds, we might say, not that there is no necessary connection between morality and law, but rather that there is no connection, necessary or otherwise, between morality and legal theory. The respective claims of substantive and methodological positivism are, at least on the surface, logically independent. Hobbes and Bentham employed normative methodologies to defend versions of substantive positivism, and in modern times Michael Moore has developed what can be regarded as a variant of methodological positivism to defend a theory of natural law.

In regards to the question of Christian philosophy of law (from Russian history of legal thought)

10.12737/2137 ◽  
2013 ◽  
Vol 1 (6) ◽  
pp. 293-298
Author(s):  
Владимир Рутман ◽  
Vladimir Rutman
Keyword(s):  
Russian History ◽  
Philosophy Of Law ◽  
Christian Philosophy ◽  
Legal Thought ◽  
Main Emphasis ◽  
History Of

The article is dedicated to relationships between human morality and religion. Main emphasis is put to the analysis of views of E.V. Spektorsky (1875–1951), a famous Russian lawyer, sociologist and philosopher, who has established a positive value of Christianity to the culture in general, and to development of law and the state in particular.

scholarly journals Correlation between Philosophy and Theory of State and Law

2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Oleg Grygor ◽  
Yuri Krysiuk ◽  
Angela Boyko ◽  
Vadim Zubov ◽  
Igor Sinegub
Keyword(s):  
Civil Rights ◽  
Theoretical Aspect ◽  
The State ◽  
Theory And Practice ◽  
Philosophy Of Law ◽  
Depth Study ◽  
History Of ◽  
Theory Of Law ◽  
The Relationship

At first glance, the relationship between philosophy and theory of law is not applied but is considered a purely theoretical aspect. This thesis is not correct due to the adoption of the European legal standard of human and civil rights, the role of philosophy of law, the foundations of the theory of state and law in the training of lawyers, the formation of future lawyers of high philosophical and methodological culture.In this article, based on the analysis of the history of philosophy of law and the general theory of state and law and their development, the authors justify as an autonomous status in the jurisprudence of the two disciplines, their relationship and vice versa - differences.To do this, the authors explored the historical excursion of world philosophical and legal thought, grouped scientific and theoretical views on the relationship between philosophy of law and theory of state and law and provided an argument for the close intersection of philosophy of law and theory of state and law, mobility between scientific disciplines.Close contact between philosophy and jurisprudence contributes to the understanding of law not only as a function of the state but also the essence of human spirituality.The authors concluded that the in-depth study of scientific and theoretical aspects of the relationship between philosophy, philosophy of law and theory of state and law is the result of bridging the gap between theory and practice and will further focus on expanding the interaction of philosophy, theory and law results of the functioning of the state and law.Emphasizing the relevance of the topic in terms of bridging the significant gap between theory and practice, between the declarative provisions of laws and their actual implementation, the legal, scientific community is increasingly expanding to enter the plane of the practical application of philosophical - theoretical thought.

scholarly journals The problem of anti-psychologism in Hans Kelsen’s “Pure Theory of Law”

2021 ◽  
pp. 22-28
Author(s):  
Dmitry Aleksandrovich Savenkov
Keyword(s):  
Legal Theory ◽  
Significant Part ◽  
Pure Theory ◽  
History Of ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
Legal Methodology

This article examines the nature and specificity of the criticism of psychologism as a theoretical-methodological orientation towards studying law and its interpretation, which in particular was associated with such version of interpretation of law as the “Pure Theory of Law” of Hans Kelsen. More in-depth representations of modern legal theory in understanding the patterns of law and its essential aspects requires the due coverage of the history of psychological and anti-psychological approaches towards law that form of the major oppositions in the development of legal though at the turn of the XIX – XX centuries. Multiple aspects of H. Kelsen's legal views are yet to be examined, including the correlation of his doctrine with other doctrines, as well as the nature of substantiation of law and the analysis of legal phenomena. The scientific novelty of lies in the fact that based on the analysis of legal views of the Austrian jurist Hans Kelsen wirh his pronounced claim to exclude all “non-legal’ elements, it is revealed that a significant part of conceptual-logical apparatus of Kelsen’s teaching and the approaches towards substantiation of law were psychological in nature. Unlike the objective-idealistic positions of H. Kelsen, legal Neo-Kantianism was methodologically more accurate in elucidation of interrelation between the actual legal phenomenon and the role of gnoseological methods of perception and comprehension of law. The assessment of H. Kelsen’s doctrine as the theory of law is subject to criticism in this article, since in reality it is limited to the issues of legal methodology.

Oxford Studies in Philosophy of Law Volume 4

2021 ◽  
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal Theory ◽  
Legal Reasoning ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Philosophical Work ◽  
Philosophical Foundations ◽  
The World ◽  
History Of

This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning); the philosophical foundations of specific areas of law (from criminal law to evidence to international law); the history of legal philosophy; and related philosophical topics that illuminate the problems of legal theory.

scholarly journals Theory of Law and Hermeneutics of Imam Al-Shatibi

2020 ◽  
Vol 16 (2) ◽  
pp. 69-86
Author(s):  
D. T. Husainov
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Specific Topic ◽  
Important Concept ◽  
Islamic Legal Theory ◽  
Theory Of Law ◽  
Further Development ◽  
Entire Text

The paper deals with notions of Imam al- Shatibi on the sources and development of Islamic law, as they are set out in his main treatise al- Muwafaqat. Al- Shatibi’s approach involved combining the usul method with maqasid al-shari‘a, which was used in order to improve the usul method itself. The author demonstrates the successive development of alShatibi’s thought in relation to the ideas of al- Ghazali and the influence of al- Shatibi on the further development of Islamic legal theory. For instance, an important concept maslahah was to a large extent derived from the ideas of al- Shatibi; later the theory of maslaha became one of the most important elements of modernism. Moreover, the paper traces back the connection of al- Shatibi’s approach in the field of law to the principles of studying the text of the Qur’an. Imam al- Shatibi contributed to the convergence of the Islamic legal theory and the interpretation of Qur’an and therefore set the framework for thematic interpretation. Al- Shatibi can be considered as a precursor to what has become known since the late 1960s as al- Tafsir alMawdu‘i, that is, an interpretation based on the consideration of a specific topic either in a single Surah or throughout the entire text of the Qur’an. One of the main advantages of the hermeneutics of al- Shatibi is that it helps to overcome the “atomism” of some studies undertaken by jurists and interpreters who mainly dealt only with certain passages of the Qur’an, but in no way with its whole content.

scholarly journals THE INITIAL STAGE OF DEVELOPMENT OF ACADEMIC ROWING IN THE KATERINOSLAV REGION IN THE LATE XIX – EARLY XX CENTURY: HISTORICAL EXPERIENCE AND TRADITIONS

2021 ◽  
Vol 6 (2) ◽  
pp. 71-86
Author(s):  
Baldzhy Ilona ◽  
Dolbysheva Nina ◽  
Salenko Galina
Keyword(s):  
Physical Culture ◽  
Theoretical Knowledge ◽  
Historical Experience ◽  
Stage Of Development ◽  
Initial Stage ◽  
Archival Documents ◽  
History Of ◽  
Main Factors ◽  
Further Development

At present, in the conditions of decentralization, considerable attention is paid to the study of historical experience and traditions of development of physical culture and sports movement in the regions of Ukraine. Analysis of scientific and methodological literature shows that such studies allow not only to expand theoretical knowledge of the history of physical culture and sports in Ukraine, but also to identify priority sports in the development of programs for the development of physical culture and sports. The aim is to study the historical experience of the development of academic rowing as a sport in the Katerinoslav region in the late XIX – early XX centuries and identifying the main factors that contributed to its further development. Material and methods. During the analysis the analysis and generalization of scientific and methodical literature, historical-logical, chronological, descriptive methods on the basis of studying of periodical, local lore literature, archival documents, photographic materials and other sources were used.

scholarly journals MODERN SERBISTICS IN UKRAINE: PROBLEMS AND SCIENTIFIC CENTERS

2019 ◽  
pp. 36-42
Author(s):  
Maryna Mudrak
Keyword(s):  
Comparative Research ◽  
World History ◽  
Scientific Research ◽  
Language And Culture ◽  
Slavic Languages ◽  
Language And Literature ◽  
National University ◽  
History Of ◽  
Further Development

The interest in Serbian history, its language and culture have risen significantly in Ukraine in the last two decades. Ukrainian scientists begin to actively research Serbian history, compare Serbian traditions and customs with Ukrainian and study the influence that one nation has on another. Most of the studies, published in universities presented by Ukrainian philologists that study Serbian language and literature. However, historical works during the years of Ukrainian independence also diversified the limits of their searches. The main scientific research in Serbistics, gathered in works, such as “Comparative Research of Slavic Languages and Works of Literature”, “In memory of Academician Leonid Bulakhovsky”, “Herald of Taras Shevchenko National University”, “Actual Problems of National and World History”. Diversity and versatility of these journals, give scientists an opportunity to look into more actual, and less researched topics. Serbian studies in Ukraine, study such questions as the history of Serbian immigrants in Ukraine, Ukrainian diaspora in Serbia, cooperation of Ukrainians and Serbs during 17–21 centuries, modern tendencies of Serbian development. At the same time, there are more problems that require further development. That is why Serbian studies have a great perspective of development in Ukraine.

Sign in / Sign up

Export Citation Format

Share Document