scholarly journals Role of principles of law from the perspective of legal impact in modern Russia: theoretical and technical-legal aspects

2021 ◽  
Vol 39 (68) ◽  
pp. 798-810
Author(s):  
Gyulnaz Eldarovna Adygezalova ◽  
Irina Stanislavovna Kich ◽  
Sergey Alekseevich Zhinkin ◽  
Susanna Vladimirovna Salikova ◽  
Neonila Dmitrievna Paltseva
Keyword(s):  
Scientific Community ◽  
Technical Analysis ◽  
Legal Framework ◽  
Legal Aspects ◽  
Point Of View ◽  
The Other ◽  
Legal Science ◽  
Other Hand ◽  
The One

The article discusses the problems related to the implementation of the legal impact on modern Russia and the role of the principles of law as the underlying idea behind that impact. This research aims to structure visions of the main characteristics and classifications of the principles of law in the context of their formalization. The authors use the method of technical analysis of regulations, which is important to meet the requirements of legal engineering. As a result of the work carried out, the authors suggest that, on the one hand, it is important to aim at the standardization of the principles of law as accurately and accurately as possible in legislation. On the other hand, they assume that principles that are already assured in legislation but have not yet been recognized by the scientific community must also obtain an assessment and justified characteristics in the doctrine. They conclude that, from a technical-legal point of view, a principle of law that is not scientifically recognized does not disappear from the legal framework if it is institutionalized as such in effective legislation. On the contrary, essentially new principles enshrined in legislation should not be ignored by legal science.

Tongue-tied Democracy: The Bind of National Language in Tocqueville and Derrida

Derrida Today ◽  
2011 ◽  
Vol 4 (2) ◽  
pp. 233-256
Author(s):  
Oisín Keohane
Keyword(s):  
American English ◽  
Point Of View ◽  
National Language ◽  
The Other ◽  
French Language ◽  
Other Hand ◽  
The One ◽  
The Relationship ◽  
Made In

My paper examines Derrida's attempts to resist, on the one hand, what he thought of as the increasing international hegemony of American English as the technolanguage of communication, and, on the other hand, forms of linguistic nationalism, when using the resources of the French language to deploy the syntagma: démocratie à venir. It does this by investigating what happens when claims about democracy are made in such a way as to be singularly idiomatic – made from a cosmopolitan point of view that takes into account, rather than vitiates à la Kant, the singular poeticity of idioms. It contrasts Derrida's analysis of the relationship between the national, democracy and idiomaticity with Tocqueville's nationalistic claims; examining, in particular, the issue of how language supposedly binds people together, the role of singularity and generality in thinking about idioms, the divide between originary and techno-scientific idioms, and Derrida's practice of writing in plus d'une langue. It also outlines how, paradoxically, it is a form of idiomaticity and not linguistic instrumentality that disrupts the logic of appropriation, the logic inscribed in the neighbouring, though different, conceptual values of idion, proprius and le propre.

scholarly journals A SAECULARIS GONDOLAT MINT IRODALOMALAKÍTÓ TÉNYEZÔ RÓMÁBAN

2001 ◽  
Vol 45 (1-2) ◽  
pp. 75-112
Author(s):  
LÁSZLÓ HAVAS
Keyword(s):  
Early Period ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Special Role ◽  
De Re ◽  
Roman Literature ◽  
Other Hand ◽  
The One

The author had already demonstrated in a previous essay of his, that Cicero's De re publica was written in the period, when, either we take the new time of Atticus-Varro (753 BC) or the earlier time of Cato Senior (751/750 BC) as a basis, Rome celebrated the 700th anniversary of its existence. From this point of view the Ciceronian dialogue is an occasional work, which was made for the jubilee of Rome, yet in order to find a remedy for the Roman state facing such a crisis, so to speak a fatal danger. Cicero, from this viewpoint, would have been ready to take the special role of the moderator or the rector rei publicae (cf. rep., 2,52), of the person, who depends on his own honor and authority in the first place without any official commission. In this respect he renewed Cato Senior's intellectual inheritance, who published his Origines in a last, revised form in 149 BC, because on the one hand he wanted to introduce the glory of Rome, which city was born exactly 600 years earlier according to Cato's chronology, on the other hand Cato himself, not as a magistratus, but as the owner of his ancient authority, wanted to keep the state in balance, moreover to improve its situation. At the same time Cicero's state ideal seems to be closer to Scipio Aemilianus' conception indeed, that is why the author makes him the leading character of the dialogue, furthermore he dates the imaginary discussion to 129 BC, when Rome celebrated the 600th anniversary of its foundation according to Cincius Alimentus' chronology. By so doing the author of De re publica uses more time levels, confronting 149 BC, 129 BC and 53/51 BC, and all of these dates can be understood as certain Roman anniversaries. This essay demonstrates that Cicero wanted to present actually his own consular year, 63 BC as annus fatalis, and by this he partly continued the initiative of Marius and Sulla, preparing at the same time Augustus' ideology connected to the ludi saeculares of 17 BC, which considerably determined the whole mentality of Roman literature in the early period of empire. Therefore the saecularis idea can be rightly considered to be the Roman civilization's literature-creating factor.

La logique de la preuve dans la littérature bartoliste Quelques explications à partir de la Summa circa testes et examinationem eorum (Ms. Bruxelles, B.R., II 1442, fol. 101 ra – 103 rb)

2008 ◽  
Vol 76 (3-4) ◽  
pp. 249-271
Author(s):  
Yves Mausen
Keyword(s):  
Sensory Perception ◽  
Point Of View ◽  
The Other ◽  
Minor Premise ◽  
Other Hand ◽  
Logical Point ◽  
The One

Abstract The logic of evidence in Bartolistic literature, A reading of the Summa circa testes et examinationem eorum (Ms. Bruxelles, B.R., II 1442, fol.101 ra – 103 rb). – Bartolus teaches how to read testimonies from a logical point of view. On the one hand, the facts that the witness recounts constitute the minor premise of a syllogism, its conclusion being their legal characterization; therefore he is prohibited from pronouncing directly on any legal matter. On the other hand, given that the witness' knowledge of the facts has to stem from sensory perception, the information he provides has at least to constitute the minor premise of another syllogism, making for establishing the causa of his testimony.

Scenarios as Tools of the Scientific Imagination: The Case of Climate Projections

2021 ◽  
Vol 29 (1) ◽  
pp. 36-61
Author(s):  
Michael Poznic ◽  
Rafaela Hillerbrand
Keyword(s):  
Scientific Community ◽  
Climate Science ◽  
The Other ◽  
Climate Projections ◽  
Public Realm ◽  
The Public ◽  
Other Hand ◽  
The Difference ◽  
The One ◽  
Scientific Imagination

Climatologists have recently introduced a distinction between projections as scenario-based model results on the one hand and predictions on the other hand. The interpretation and usage of both terms is, however, not univocal. It is stated that the ambiguities of the interpretations may cause problems in the communication of climate science within the scientific community and to the public realm. This paper suggests an account of scenarios as props in games of make-belive. With this account, we explain the difference between projections that should be make-believed and other model results that should be believed.

Translation and interpretation in Abhidharmakośa

Diogenes ◽  
2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Mitko Momov
Keyword(s):  
Critical Review ◽  
Point Of View ◽  
Literal Meaning ◽  
The Other ◽  
Young Scholar ◽  
Other Hand ◽  
The One

Rosemberg (1991) has made a critical review of a long-standing discussion between Eastern philologists and Buddhist philosophers. The discussion is centered around the translation of the doctrine on the one hand, and its philosophical systematization on the other hand. When scientific-philological translation prevails, the literal meaning of Buddhist terminology is declared to be its basis. The young scholar, who had specialized in Japan, studied Buddhism from Japanese and Chinese sources and collected lexicographic material from non-Hindu sources. After comparing them, he encountered inaccuracies in the translation. In an attempt to overcome them, he preferred the point of view of the philosophy of Buddhism. The conclusion that he has drawn in the preface of this edition is that the study should begin with a systematization of antiquity.

scholarly journals Analysis of reality of the work and artistic communication as a way to elucidate the essence of art

2021 ◽  
pp. 53-67
Author(s):  
Vadim Markovich Rozin
Keyword(s):  
The Other ◽  
Conceptual Space ◽  
Ordinary Life ◽  
Life Patterns ◽  
Other Hand ◽  
The One ◽  
Communicative Abilities ◽  
Original Concept

The article covers the two main topics: the characteristics of three key stages of studying art by the author, and a brief summary of the original concept of art proposed as a result of this study. Leaning on the concept of art of L. S. Vygotsky, the author offers the own approach towards studying art. Firstly, art is viewed in comparison with dreams, communication and play, analyzing the role of these processes and semiotic means played in relation to ordinary life. The article introduces the idea of artistic reality, which manifests as a continuation of ordinary life, allowing to realize in a semiotic form the desires (psychic programs) that are blocked in ordinary life; and such realization suggest living through the events set by the specific semiosis of art and conditionality. Secondly, the author describes the results of the genesis of art. In the course of analysis, emphasis is place on the three central topics:: 1) establishment of the semiosis of art based on the semiosis formed in ordinary life; 2) formation of recreation sphere, within which art is being formed; 3) philosophical “conceptualization” of art in the antique culture, which characterizes art as an independent sphere of life, unlike other spheres. Thirdly, art and artistic reality are viewed as a peculiar type of communication. The author believes that both, the artist (writer, composer) and the viewer (reader, listener), on the one hand, create and reconstruct artistic reality (and there is not always a coincidence), while on the other hand, to one or another extent, they take into account each other's communicative abilities and competencies. The conclusion is made that art is determined by conceptual space, the coordinates of which indicate the representations of artistic reality, artistic communication, life patterns in art, conceptualization of art and its development.

scholarly journals DEVELOPMENT OF THE MODEL OF STUDENTS’ INDEPENDENT WORK UNDER CONDITIONS OF DISTANCE LEARNING

2021 ◽  
pp. 273-289
Author(s):  
Olena Osadcha
Keyword(s):  
Distance Learning ◽  
Information Technologies ◽  
The Other ◽  
Advantages And Disadvantages ◽  
Other Hand ◽  
The One ◽  
Independent Work ◽  
Further Development

The article deals with the development of the model of students’ independent work under conditions of distance learning. The importance of the research into this problem is determined, on the one hand, by the growing possibilities of using various information technologies and, on the other hand by the necessity to adapt to the conditions of today’s world where independent work of students is becoming increasingly important. The advantages and disadvantages of distance learning have been explored. The author studied the role of independent work in the formation of the professional competences of students. The issue of modeling in the area of education has been tackled. The approaches to the development of the model of independent work have been identified and analyzed. The components of the model, such as the goal, the tasks, the content, the methods, the means and evaluation of results have been determined and characterized. The prospects of further development of this research are related to the exploration of models of independent work of students majoring in different areas.

scholarly journals The Perspective of Overcoming Nihilism in Heidegger’s Dialogue with Jünger

2019 ◽  
Vol 30 (1) ◽  
Author(s):  
Tautvydas Vėželis
Keyword(s):  
Point Of View ◽  
The Other ◽  
Dialectical Thinking ◽  
Other Hand ◽  
History Of ◽  
Metaphysical Tradition ◽  
The One ◽  
Relationship Of ◽  
The Relationship ◽  
European Civilization

This article examines the problem of overcoming nihilism in Heidegger’s dialogue with Jünger. It is suggested that nihilism is manifested in various forms and is the deep logic of the whole history of European civilization. One of the main aims of this paper is to outline the relationship of nihilism and Nothing in Heidegger’s dispute with Jünger, viewing how Heidegger distinguishes his approach from Jünger’s point of view. Heidegger, on the one hand, treats nihilism as consummation of the Western metaphysical tradition, on the other hand, identifies Nothing itself as the shadow of Being, which cannot be overcome in the traditional dialectical thinking manner.

scholarly journals and nature, a complex relationship

2020 ◽  
Vol 13 (26) ◽  
pp. 73-78
Author(s):  
Maria Antonietta Maria Antonietta Sbordone ◽  
Barbara Barbara Pizzicato
Keyword(s):  
Biological Sciences ◽  
Technological Innovation ◽  
Design Thinking ◽  
Point Of View ◽  
The Other ◽  
Complex Relationship ◽  
Other Hand ◽  
Evolutionary Line ◽  
Man And Nature ◽  
The One

Over the course of its history, design has never lost sight of nature as a term of comparison, sometimes taking from it, sometimes moving away from it. To investigate the complex relationship between the two terms, design and nature, we cannot ignore the evolution of man and how it has been profoundly influenced by technological innovation, which is the most evident result of science. Tracing an evolutionary line of design thinking, a double trajectory can be registered: on the one hand the tension towards progress and the myth of the machine, on the other hand the idea of a harmonious co-evolution with nature and the need to be reconnected with it. Besides, it is progress that allows mankind to thoroughly investigate natural mechanisms and make them their own. Contemporary design, autonomous but at the same time increasingly interdisciplinary, has got blurred boundaries which intersect with the most advanced fields of biological sciences. This evolution has opened up a whole new field of investigation that multiplies the opportunities of innovation, especially from a sustainability-oriented point of view. Today the dramatic breaking of the balance between man and nature has turned into the concept of permanent emergency, which is now matter of greatest interest for design, a design that attempts to react, mend, adapt to change in an authentically resilient way.

scholarly journals La critique environnementale dans les récits animaliers de René Maran

Il Tolomeo ◽  
2020 ◽  
Author(s):  
Lia Milanesio
Keyword(s):  
Colonial Period ◽  
Point Of View ◽  
The Other ◽  
Native Population ◽  
Other Hand ◽  
Rene Maran ◽  
The One

This article aims at analysing René Maran’s five animal novels. In these texts, Maran criticizes the colonial system not only for its cruelty to the native population, but also for its ecological violence against the bush and its non-human inhabitants. In particular, this research will be focusing on the author’s ability to abandon a human (and colonial) point of view in order to adopt an animal one. On the one hand, this new subjectivity – as well as Maran’s comprehension of indigenous naturalist society – allows the writer to condemn the colonial period from an ecocritical perspective. On the other hand, it provides evidence of the existence of culture among the beasts of his novels. Finally, this article will also prove that it is thanks to their culture that Maran’s animals will try to resist the colonial-centred environment and ideology.

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