History and methodology of legal science

2021 ◽  
Author(s):  
Leonid Rasskazov
Keyword(s):  
Graduate Students ◽  
Objective Reality ◽  
Methodological Basis ◽  
Legal Science ◽  
History Of ◽  
Scientific Task

The textbook systematically highlights the problems of the history and methodology of legal science. It analyzes the history of foreign and Russian legal science, examines philosophical and legal theories and the fundamental principles of cognition that make up the methodological basis of jurisprudence. Considerable attention is paid to the use of methods for performing a scientific task, with the help of which knowledge is obtained that brings it closer to reflecting objective reality. It is addressed, first of all, to masters of law faculties. This publication can be useful for graduate students, applicants and anyone interested in the problems of legal science.

Anthology of Russian natural legal thought. vol. 3. The Russian natural legal thought in the first half of the twentieth century

2017 ◽  
Author(s):  
Александр Чернявский ◽  
Alyeksandr CHyernyavskiy ◽  
Александр Куницын ◽  
Aleksandr Kunicyn ◽  
Андрей Воронцов ◽  
...  
Keyword(s):  
Twentieth Century ◽  
Civil War ◽  
Graduate Students ◽  
Natural Law ◽  
University Professors ◽  
The Third ◽  
Legal Thought ◽  
Legal Science ◽  
History Of ◽  
The Revolution

In the third volume of the anthology contains the proposed evaluation of philosophical and legal views, but also presented entirely or in fragments of works by outstanding Russian scholars I. A. Pokrovsky, I. V. Michael, P. G. Vinogradov, F. V. Taran, A. S. Yashchenko, written or published in the first quarter of the twentieth century. Their authors belong to a generation of proponents of natural law in Russia who had to experience all the hardships of the revolution, the civil war and long years of exile. Many of them did not have a chance to once again see their Homeland, but they were not broken in spirit, remained patriots showed exceptional creativity, their works has greatly enriched the Russian natural legal thought and made a worthy contribution to the Golden Fund of Russian legal science. Their names for many years was unjustly put to almost complete oblivion, and works properly is still not understood and not appreciated. The present publication is intended to promote the "return" to their names. The edition is addressed to students, graduate students, University professors and anyone interested in the history of Russian legal thought.

Byzantium and Russia. The status of the sovereign as a reflection of political culture (late IX-early XVI century)

2021 ◽  
Author(s):  
Dmitriy Kazancev
Keyword(s):  
Political Culture ◽  
Public Administration ◽  
World History ◽  
The Political ◽  
Byzantine Empire ◽  
Legal Science ◽  
The Status ◽  
History Of

The monograph is devoted to the history of medieval Russian and Byzantine teachings about the power of the sovereign and the reflection of these doctrinal ideas in the practice of public administration of the two peoples. The phenomena of the power of the sovereigns of the Byzantine Empire, Ancient Russia and the Moscow state are investigated and compared, and an attempt is made to answer the question of what is common and different in the foundations of the organization of power of these three states. The Byzantine influence on the political culture of Russia is still a subject of controversy, and therefore it is especially important to analyze the achievements of historical and legal science in this area for a reasoned discussion. For students and teachers, as well as anyone interested in national and world history.

scholarly journals The Category of Legal Reality in Modern Legal Science in Russia

2021 ◽  
pp. 007-015
Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Phenomena ◽  
Methodological Basis ◽  
Legal Science ◽  
Multi Stage ◽  
Science In Russia ◽  
Legal Space ◽  
Russian Law ◽  
The Individual

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.

scholarly journals Curatorial Practice as Production of Visual and Spatial Knowledge: Panelists Respond

2015 ◽  
Vol 4 ◽  
pp. 158-163
Author(s):  
Alison Langmead ◽  
Dan Byers ◽  
Cynthia Morton
Keyword(s):  
Graduate Students ◽  
Information Science ◽  
Spatial Knowledge ◽  
University Of Pittsburgh ◽  
Visual Knowledge ◽  
Curatorial Practice ◽  
History Of Art ◽  
History Of ◽  
The University ◽  
Art And Architecture

Three participants in the panel “Curatorial Practice as Production of Visual and Spatial Knowledge” reflect upon the ideas raised in their discussion about curating, both in their respective fields and as a general practice. The panel was a part of Debating Visual Knowledge, a symposium organized by graduate students in Information Science and History of Art and Architecture at the University of Pittsburgh, October 3–5, 2014. A transcription of the panel is available in this issue. 

scholarly journals The contribution of Kharkiv University scientists to the development of historical and legal science (first half of the XIX century)

2020 ◽  
Vol 10 (2) ◽  
pp. 293-303
Author(s):  
Volodymyr Grechenko
Keyword(s):  
German Law ◽  
Scientific Activity ◽  
Main Trend ◽  
Scientific School ◽  
Systematic Analysis ◽  
Legal Science ◽  
History Of ◽  
Methodological Principles ◽  
Xix Century ◽  
University Scientists

In the article, the author, based on the methodological principles of historicism, objectivity, systematics, explored the specific achievements of Kharkiv University scientists, who worked in the first half of the XIX century, in the formation and development of science History of State and Law. Their scientific works, in accordance with the main trend in the genesis of this science at that time, were centered around the law of Kyiv Rus and, in particular, the content of the Rus’ka Pravda (Russian Truth). This area of their activity is studied insufficiently in the scientific literature, both domestic and foreign. This is due to the fact that the main contribution to the development of these issues was made in the second half of the XIX century – then a significant number of works on this topic was published, which provided an opportunity for their systematic analysis. The activity of scientists of this university in the first half of the XIX century concerns the period of formation of historical and legal science. Hence the main shortcomings of their work: a certain fragmentation in the coverage of problems, a narrow historiographical base, the hypothetical nature of some theses. Professor Uspenskyi was the first who started working on the history of law at Kharkiv University and considered the question of “the antiquity of Russian laws and their dignity”. At that time, scholars of many universities in the empire had to prove the authenticity of the Rus’ka Pravda and those laws that was not yet generally accepted. O. Kunitsyn, a professor of Kharkiv University, also expressed some doubts in this, although he cannot be attributed entirely to the supporters of the “skeptical school” in Russian historiography. O. Paliumbetskyi made the most significant contribution to the development of historical and legal science at that time at Kharkiv University. He conducted one of the first comparative studies of Old German and Old Rus law, convincingly showed their differences, some influence of German law on Russian, which he considered insignificant. Quite thorough and one of the best was his study of treaties between Rus and Byzantium in the X century. Based on the provisions of these agreements, the scientist made a successful attempt to determine the essence of some of Old Rus laws, in particular on revenge, compensation to the victim and court evidence. Most of his arguments were tested over time and are not disputed by modern scientists. Scientists-lawyers of Kharkiv University in that period did not form a separate scientific school, as happened at the University of Kyiv due to the activities of M. Ivanishev, but they worked in line with the then prevailing paradigms in Russian historiography, and made a certain contribution to the formation of historical and legal science. Therefore, their scientific activity deserves further study.

scholarly journals CURATORSHIP PRAXISES TOWARDS ‘DISPLACED ASSETS’ IN POST-1989 MUSEUM PROJECTS: TWO EXHIBITIONS AT WARSAW’S XAWERY DUNIKOWSKI MUSEUM

Muzealnictwo ◽  
2020 ◽  
Vol 61 ◽  
pp. 208-218
Author(s):  
Ewa Toniak
Keyword(s):  
Case Studies ◽  
Major Part ◽  
National Museum ◽  
Research Project ◽  
Museum Exhibits ◽  
Methodological Basis ◽  
Political Situation ◽  
History Of ◽  
Provenance Research

Two exhibitions at the Xawery Dunikowski Museum of Sculpture at the Królikarnia Palace, branch of the National Museum in Warsaw: the ‘Inventorying’ Display-Research Project, which was a kind of a public inventory of the sculpture collection (2012) and the Exhibition ‘The Estate. Sculptures from the collection of the Von Rose family and films and photographs from the archive of Zofia Chomętowska’ (2015) are case studies serving the Author to analyse curatorship practices with respect to the collections whose major part is composed of ‘displaced assets’, first of all from the so-called ‘Regained Territories’. In the words of the Chief Curator at the Królikarnia Museum since 2011 and the Exhibitions’ Curator Agnieszka Tarasiuk: it is a troublesome collection testifying to a difficult heritage and not yielding to conservation. The paper’s methodological basis is the museum exhibits’ provenance research conducted by R. Olkowski, L.M. Kamińska, and M. Romanowska-Zadrożna, while its context is found in the programme assumptions of the Strategy for the Operations and Development of the National Museum in Warsaw 2010–2020 worked out by the former National Museum’s Director Piotr Piotrowski. One of its priorities is to clarify the origins of the collections of unknown provenance, and settling accounts with their former owners. Furthermore, the question related to constructing museum’s genealogy and the memory of history of the period immediately following WWII in the new socio-political situation in Poland after 1989 is posed. The position for dealing with collections’ provenance research introduced by P. Piotrowski was liquidated following the Director’s dismissal in 2012. The paper forms part of a bigger whole.

Jurists and Legal Science in the History of Roman Law

2021 ◽  
Author(s):  
Clifford Ando ◽  
Massimo Brutti ◽  
Oliviero Diliberto ◽  
Giuseppe Falcone ◽  
Detlef Liebs ◽  
...  
Keyword(s):  
Roman Law ◽  
Legal Science ◽  
History Of

METHODOLOGICAL FOUNDATIONS OF THE CONCEPT OF GENERAL THEORY OF LAW J.-L. BERGEL

2021 ◽  
pp. 14-23
Author(s):  
Вадим Леонидович Афанасьевский
Keyword(s):  
General Theory ◽  
Scientific Knowledge ◽  
Legal Discourse ◽  
Scientific Methodology ◽  
Existential Philosophy ◽  
Objective Reality ◽  
Methodological Basis ◽  
The World ◽  
The Subject ◽  
Theory Of Law

Предметом статьи является экспликация методологического базиса разработанной французским правоведом Жаном-Луи Бержелем концепции общей теории права. Автор фиксирует, что методология этой конструкции отличается принципиальной спецификой от классического рационализма научного знания. Бержель для разработки проблем теории права использовал импрессионистский метод, принципиально выходящий за рамки научной методологии. Это приводит к тому, что читатель превращается в соавтора, выстраивая свое представление о предмете теории права. Причем фантазия автора и читателя ничем не ограничена, ибо она уходит от исторических трансформаций развития правовой реальности и традиций теоретического правового дискурса. В статье показано, что предложенная методология привела Бержеля к размытости и непроясненности понятийного аппарата и «терминологическому анархизму». Представив свой анализ его концепции общей теории права, автор статьи приходит к выводу, что основанием методологии Бержеля являются характерные для французской социогуманитарной мысли принципы экзистенциальной философии и постмодернистских штудий. Именно в этом коренится отсутствие целостности в теоретических построениях, наличие эклектизма и туманности употребляемых терминов и понятий. В эту парадигму прекрасно укладывается импрессионистский метод, используемый французским правоведом. Если читатель сам определяет понимание читаемого текста, то смысл уже не определяется объективной реальностью. Он выступает проблемой изолированного индивида, находящегося в произвольно выстроенном им фрагментированном мире, в том числе и мире права The subject of the article is the explication of the methodological basis of the concept of the general theory of law developed by the French jurist Jean-Louis Bergel. The author notes that the methodology of this construction differs in fundamental specificity from the classical rationalism of scientific knowledge. Bergel used the impressionist method to develop problems in the theory of law, which fundamentally went beyond the framework of scientific methodology. This leads to the fact that the reader turns into a co-author, building his own idea of the subject of the theory of law. Moreover, the imagination of the author and the reader is not limited by anything, for it moves away from the historical transformations of the development of legal reality and the traditions of theoretical legal discourse. The article shows that the proposed methodology led Bergel to a vague and unclear conceptual apparatus and «terminological anarchism». Having presented his analysis of his concept of the general theory of law, the author of the article comes to the conclusion that the basis of Bergel's methodology is the principles of existential philosophy and postmodern studies that are characteristic of French socio-humanitarian thought. This is the root of the lack of integrity in theoretical constructions, the presence of eclecticism and the vagueness of the terms and concepts used. The impressionistic method used by the French jurist fits perfectly into this paradigm. If the reader himself determines the understanding of the text being read, then the meaning is no longer determined by objective reality. It acts as a problem of an isolated individual who is in a fragmented world arbitrarily built by him, including the world of law

Studia dziejów i kultury Żydów w Polsce po 1945 roku

2003 ◽  
pp. 548-549
Keyword(s):  
Professional Development ◽  
Graduate Students ◽  
Religious Life ◽  
The Other ◽  
Keen Interest ◽  
The Third ◽  
Early Stages ◽  
History Of ◽  
Jewish Emigration

This chapter discusses the book Studia z dziejów i kultury Żydów w Polsce po 1945 roku (Studies on the History and Culture of Jews in Poland after 1945), which was edited by Jerzy Tomaszewski. This volume consists of three short monographs by Polish graduate students in the early stages of their professional development. Two were originally written as MA theses: one by Maciej Pisarski on Jewish emigration from Poland from 1945 to 1951, and the other by Albert Stankowski on Jewish emigration from western Pomerania from 1945 to 1960. The third, by August Grabski, on the organization of Jewish religious life in Poland during the communist and (primarily) post-communist eras, originated as a seminar paper. On the whole, postgraduate writing of this type, if it is published at all, appears in limited-circulation journals for an audience of academics. The fact that these studies were published in book form, especially in paperback with the aid of a subsidy from the Polish Ministry of Culture, offers further testimony of the keen interest in the history of Jews in Poland evident among the Polish public in recent years.

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