Courier of Kutafin Moscow State Law University (MSAL))最新文献_第8页

Legal Values and Values of Law 法律价值与法律价值

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-22 DOI: 10.17803/2311-5998.2023.104.4.131-140

T. Petrova

{"title":"Legal Values and Values of Law","authors":"T. Petrova","doi":"10.17803/2311-5998.2023.104.4.131-140","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.104.4.131-140","url":null,"abstract":"This paper focuses on the comparative analysis of the terms “legal values” and “values of law”. Special attention is given to a variety of approaches towards the definition of the term “value”. The term “value” is discussed as an abstract and common term, and rules of behavior and guiding principles are seen as norms. This article discusses features of functional connections and mutual conversions, which are aimed at emphasizing the fundamental differences between the two notions which are similar in many ways. This article pays attention to the phenomenological approach to research of legal values. We address issues of uniform understanding of the difference between legal values and norms that are necessary to identify ways of efficient formation of legal behavior, which is based on self-regulation and self-control of each person (each citizen). Comparative legal studies can determine legal values’ place in the system of other social values, their hierarchy. The significance of legal values that determine the behavior of subjects of law in legally significant situations is shown. Legal values are organically included in the mechanism for the implementation of rights and obligations.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116930371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal System of the Russian Federation and the People Republic of China Legal System: Comparative Legal Analysis 俄罗斯联邦法律制度与中华人民共和国法律制度:比较法学分析

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-22 DOI: 10.17803/2311-5998.2023.104.4.166-173

I. Barzilova

引用次数: 0

Concept of Unified Russian State in Works of Ivan Alexandrovich Ilyin: Philosophical and Legal Considerations (Dedicated to 100 Year Anniversary of Russian Intellectuals’ Exile from the Soviet Russia ‘Philosophy Steamer’) 伊凡·亚历山德罗维奇·伊林作品中的俄罗斯统一国家概念:哲学与法律思考(献给俄国知识分子从苏俄“哲学轮船”流亡100周年)

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-22 DOI: 10.17803/2311-5998.2023.104.4.111-121

A. B. Kozyreva

{"title":"Concept of Unified Russian State in Works of Ivan Alexandrovich Ilyin: Philosophical and Legal Considerations (Dedicated to 100 Year Anniversary of Russian Intellectuals’ Exile from the Soviet Russia ‘Philosophy Steamer’)","authors":"A. B. Kozyreva","doi":"10.17803/2311-5998.2023.104.4.111-121","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.104.4.111-121","url":null,"abstract":"The article is devoted to the idea of the unity of the Russian state, which is currently relevant due to well-known events, which the author revealed through the works of the great Russian philosopher and lawyer Ivan Alexandrovich Ilyin. The idea of the unity of the Russian state is considered in this article through its following components: national brotherhood, racial synthesis of the peoples of Russia, the spiritual integrity of the Russian person, religious identity, geographical unity, unity and uniformity in parliament, the unitarity of the Russian state, etc. The article also reflects criticism of I. A. Ilyina on the implementation in Russia of the following ideas: federalism, egalitarianism, the rule of law, constitutional monarchy and democracy. The author of the article analyzes and systematizes the ideas of I. A. Ilyin, gives them a historical and ideological assessment with an eye to the possibility and impossibility of their further application. In addition, the article formulates and summarizes the views of I. A. Ilyin in real proposals for the construction of the coming Russia.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129381891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

New Historiography of Political and Legal Thought as an Urgent Task of Legal Sciences 新政法思想史学:法学的紧迫任务

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-20 DOI: 10.17803/2311-5998.2023.104.4.091-101

V. Gorban

{"title":"New Historiography of Political and Legal Thought as an Urgent Task of Legal Sciences","authors":"V. Gorban","doi":"10.17803/2311-5998.2023.104.4.091-101","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.104.4.091-101","url":null,"abstract":"The article deals with the problem of forming a more effective and promising historiography of political and legal thought. The reasons for the unsatisfactory state of some existing approaches, both in foreign and Russian literature, are seen both in the objectively occurring processes of changes in social requirements for the quality of legal knowledge, and in various practices based on outdated and often ideological models. Critical remarks about various aspects of historiographical approaches in the field of the history of legal thought are conditioned by specific observations and in no way imply the denial of the best examples of intellectual culture. The leitmotif of this study is the position that the history of legal thought in its historiographical basis, as well as spiritual culture in general, does not imply ideological constructions carried out for various reasons, but only two essential aspects, each of which should have equal significance and registration in the field of modern practices of mastering the history of legal thought: event and everyday layers (by analogy with the cultural ideas of A. M. Panchenko).","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129776239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Correlation of Morality and Law in the Works of I. A. Ilyin and G. F. Shershenevich: Comparison of Natural Law and Normative Approaches 伊林和舍舍内维奇作品中道德与法律的关系:自然法与规范方法的比较

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-20 DOI: 10.17803/2311-5998.2023.104.4.070-078

A. Egorov

{"title":"The Correlation of Morality and Law in the Works of I. A. Ilyin and G. F. Shershenevich: Comparison of Natural Law and Normative Approaches","authors":"A. Egorov","doi":"10.17803/2311-5998.2023.104.4.070-078","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.104.4.070-078","url":null,"abstract":"The article substantiates the need to address the political and legal heritage of pre-revolutionary Russian legal thought and offers an analysis of the scientific heritage of the classics of domestic political and legal thought I. A. Ilyin and G. F. Shershenevich on the relationship between morality and law. The concepts of social norms, their purpose and place in the system of social regulation are investigated. The social nature of morality, its regulatory function and historical variability, means of influencing persons who do not comply with the norms of morality are noted. The difference between legal regulation and moral regulation is carried out. The social utility of morality, the concept of moral behavior and its motives are investigated. In the context of understanding the law, attention is focused on its coercive nature and types of legal sanctions. Within the framework of the close interaction of morality and law, it is emphasized that giving a moral norm a legal sanction gives this norm a mixed character — ethical and legal. It is noted that the requirements of morality and law in some cases may contradict each other.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115983267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Cultural-Historical Jurisprudence: Institutes and Concepts 文化历史法学:机构与概念

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-20 DOI: 10.17803/2311-5998.2023.104.4.059-069

Yury A. Vedeneev

{"title":"Cultural-Historical Jurisprudence: Institutes and Concepts","authors":"Yury A. Vedeneev","doi":"10.17803/2311-5998.2023.104.4.059-069","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.104.4.059-069","url":null,"abstract":"The topic of the article concerns the evolution of jurisprudence in the definitions of the language of sociocultural of its historical time. Among the factors of changes in legal analytics and the style of argumentation, the key place is occupied by the category-concept of concept. Concepts express basic ideas concerning the mental and cognitive foundations of the development of law and the science of law. As part of the approaches to the study of law and the science of law, a special place is occupied by cultural and historical jurisprudence, analytical the toolkit of which is designed to identify, describe, and explain conceptual and institutional shifts and transitions in the development of legal systems. Each historical epoch of the evolution of law and the science of law exists and defines itself within the framework of its legal and psychological picture of the world, its basic concepts, and the normative grammar of proper or improper law and order. The language of socioculture, constituting simultaneously the plan of expression of the conceptual picture of the world and the plan of content of its actual meanings and meanings, not only reflects the legal reality, but also shapes it. Each historical epoch speaks the language of its socio-culture, which is analytically and practically reflected both in the composition and definitions of legal science and in the legal constructions of the existing legal order.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120938202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Objectives of Modern Law: New Legal Reality and Scientific Views of the Past 现代法律的目标:新的法律现实与过去的科学观点

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-20 DOI: 10.17803/2311-5998.2023.104.4.052-058

E. K. Matevosova

引用次数: 0

The “Hart-Dworkin” Debate: Critical Capacity for Russian Legal Theory “哈特-德沃金”之争:俄罗斯法律理论的批判能力

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-20 DOI: 10.17803/2311-5998.2023.104.4.079-090

A. S. Bystrov, S. Vinogradov

{"title":"The “Hart-Dworkin” Debate: Critical Capacity for Russian Legal Theory","authors":"A. S. Bystrov, S. Vinogradov","doi":"10.17803/2311-5998.2023.104.4.079-090","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.104.4.079-090","url":null,"abstract":"This article is devoted to an analysis of the early arguments within the Anglo-American philosophical and legal discussion, known in the academic literature as the “Hart-Dworkin” debate. The key theses attributed by R. Dworkin to the legal positivism of H. Hart and his proponents are examined: the pedigree thesis, the discretion thesis, the obligation thesis and the separability thesis. R. Dworkin’s criticism of these theses, on the basis of legal positivists’ undervaluing of the role of legal principles, as well as the capacity of these arguments for reconsideration of the key assumptions of mainstream Russian legal theory, is characterized. The central statements of the exclusive (hard) and inclusive (soft) legal positivism as two strategies of reaction to R. Dworkin’s critique are analysed. The separability thesis is discussed through the framework of J. Coleman’s distinction between positive and negative versions of the positivist legal theory. The conclusion that the nature of the nexus between moral and legal norms has not been properly problematised in contemporary Russian legal theory and that the arguments in the Hart-Dworkin debate have critical capacity to challenge dogmatism on this issue is justified.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"310 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115914838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Basic Methods of the History of Political and Legal Doctrines and the Possible Transformation of the Object of Legal Science 政法学说史的基本方法与法学研究对象的可能转换

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-17 DOI: 10.17803/2311-5998.2023.104.4.026-040

A. Kornev

{"title":"Basic Methods of the History of Political and Legal Doctrines and the Possible Transformation of the Object of Legal Science","authors":"A. Kornev","doi":"10.17803/2311-5998.2023.104.4.026-040","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.104.4.026-040","url":null,"abstract":"This article shows the importance of the methodology of the history of political and legal doctrines, characterizes the basic (basic) methods, and illustrates their cognitive capabilities. At the same time, the emphasis is placed on the fact that each doctrine has a methodological basis, which to some extent allows us to evaluate the content of the doctrines and the real possibilities of their implementation in the practice of state-legal construction. The importance of the history of political and legal doctrines is shown in the present period, when the ideological confrontation has become especially aggravated, behind which there is a discrepancy between the interests of global political players. Methods make it possible to study reality and not only political and legal. It seems that it is part of a broader phenomenon, which can be conditionally called sociality. At present, such a category as the techno-social sphere (system) has firmly entered the scientific circulation. The synthesis of natural, social, technological systems is an example of the transformation of the subject area of legal science, and as a result, the interdisciplinarity of scientific research.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114906372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Towards an Interdisciplinary Approach in Public Legal Research 走向公共法律研究的跨学科途径

Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2023-06-17 DOI: 10.17803/2311-5998.2023.104.4.041-051

E. V. Kirdyashova

{"title":"Towards an Interdisciplinary Approach in Public Legal Research","authors":"E. V. Kirdyashova","doi":"10.17803/2311-5998.2023.104.4.041-051","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.104.4.041-051","url":null,"abstract":"The article raises the question of the need to expand interdisciplinary links of legal science and its output beyond the socio-cultural context, in which the state-legal phenomena are most often studied. On the example of the data of evolutionary biology, cognitive and evolutionary psychology, as well as a number of other directions of modern scientific knowledge, the issues that can and should become a subject of reflection for legal scientists are outlined. At the same time, attention is drawn to the relevance of the principle of transdisciplinarity in the knowledge of the world around, including the study of law and state.Some perspective directions of interdisciplinary research of human legal behavior and state-legal regulation are defined. In particular, the influence of the system of intuitive inferences is developed in the course of biological evolution and is not controlled by consciousness on the process of selection and perception of meaningful information (including predisposition to learning morality), on the ability of a person to form various associations and innate mechanisms of recognizing social alliances (coalitions) and control over loyalty to them, on the built-in in the mind patterns of exchange and sense of justice are outlined.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124552619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0