History of state and law最新文献_第5页

Value-Based Fundamentals of Law in the Conditions of the Socio-Digital Environment: Dominants, Problems, Prospects 社会数字环境条件下以价值为基础的法律基础：主导、问题、前景

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-29-33

Marina V. Baranova

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Benchmarks of Preservation of Traditional Values of the Contemporary Legal Science 维护当代法律科学传统价值的基准

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-9-16

Mikhail S. Desyatov

{"title":"Benchmarks of Preservation of Traditional Values of the Contemporary Legal Science","authors":"Mikhail S. Desyatov","doi":"10.18572/1812-3805-2024-1-9-16","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-9-16","url":null,"abstract":"Any research is accompanied by a permanent internal confrontation — the author’s courage in scientific search and caution (and sometimes fear) to show this courage. The desire of a scientist to conduct research on a new science-intensive problem of interest not only to him personally, but also to the scientific community, is often limited by him because of uncertainty about the validity of the novelty and relevance of the issues under consideration, the prospects and sufficient reasonableness of the proposals made, the ability to develop a scientific idea and convey its essence to the scientific community. As a result, the author finds himself in the conditions of choosing bold ideas and decisions, limited by the caution of their adoption and implementation. Moreover, this choice takes place at every stage of scientific research, starting with the choice of a topic and ending with a public speech justifying the results obtained. Reflections on this topic allowed us to formulate a number of conclusions and proposals designed to help both beginners and established scientists in the preparation of scientific articles, monographs, dissertation research. The terms “scientific courage” and “scientific caution” are proposed as conditional guidelines for preserving the traditional values of modern legal science.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"22 9-10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496195","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}

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The Transformation of Legal Values in the Years of the Great Russian Revolution 俄国大革命时期法律价值观的转变

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-57-62

N. Mikhaylova

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Cultural and Value-Based Conditionality of Social Claims 社会诉求的文化和价值条件

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-39-43

Marina G. Smirnova

{"title":"Cultural and Value-Based Conditionality of Social Claims","authors":"Marina G. Smirnova","doi":"10.18572/1812-3805-2024-1-39-43","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-39-43","url":null,"abstract":"Social claims are the basis of the legal education process, they reflect the vital interests of individuals and social groups that require their legal consolidation. The formation of social claims is influenced by various factors, including culture and the values that form its content. It is the values that determine the motives of the actions of the claimants. Currently, the active actions of the subjects are aimed at institutionalizing at the legislative level the system of traditional values transmitted from generation to generation and creating an effective mechanism for their protection. Since it should be stated that many subjects under the influence of an information resource, there is a complete rejection of moral values, as well as their significant deformation. The transformation of spiritual values is also negatively affected by the use of artificial intelligence and the processes of digitalization in general. There is a threat of loss of such fundamental values as humanism, charity, mutual assistance, a strong family, patriotism, etc. Thus, the creation of a functioning system of traditional spiritual values and an appropriate mechanism for their protection is relevant both for our Russian state and for the preservation of humanity as a whole.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"36 1-2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496300","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}

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The Dialectical and Materialistic Understanding of Legal Values within the Framework of the Socio-Axiological Approach to Law and the Conventional Discourse Legal Theory 在法律的社会公理方法和传统话语法律理论框架内对法律价值的辩证唯物主义理解

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-2-8

Aleksey I. Klimenko

{"title":"The Dialectical and Materialistic Understanding of Legal Values within the Framework of the Socio-Axiological Approach to Law and the Conventional Discourse Legal Theory","authors":"Aleksey I. Klimenko","doi":"10.18572/1812-3805-2024-1-2-8","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-2-8","url":null,"abstract":"The work proclaims and defends the dialectical-materialistic understanding of the category of “legal value”. This approach is characteristic of the socio-axiological approach to law, where law is considered as a system of values and a discursive-conventional theory of law based on it, where, in turn, law appears as a conventional phenomenon developed in the process of legal discourse, which is a discursive form of class struggle in modern society. The work uses dialectical (dialectical-materialistic method), formal-logical and systemic methods. A socio-axiological approach to law is used. The materialistic understanding of values is an important factor in scientific axiology, freed from the fetters of “ideology”. The formal legal approach to the definition of legal values is excluded, where legal values are understood as values expressed in legal texts (mainly in legal sources), and an arbitrarily idealistic approach to legal values. The dialectical understanding of values presupposes an understanding of legal values through two points: the formation of values from contradictions within the framework of right-wing discourse and the relationship (structure) of values in law (and these two points — a kind of state also express the contradiction between dynamics and statics).","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140495065","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

Artificial Intelligence and Values of the Society: The Impact and Formulation of Legal Narratives 人工智能与社会价值观：法律叙事的影响与制定

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-44-49

Pavel N. Astapenko

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Value grounds of law: legitimization in society 法律的价值基础：在社会中合法化

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-34-38

Vladislav V. Denisenko

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The Axiological Aspect of Law in the Digital Reality Conditions 数字现实条件下法律的公理层面

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-17-22

Tatyana M. Lopatina

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Law as a Value: The View of Russian Lawyers of the Late 19th to the Early 20th Century 法律是一种价值观：19 世纪末至 20 世纪初俄罗斯律师的观点

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-50-56

T. E. Gryaznova

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The Correlation between Legal Consciousness and Religious Values in History and Present Times 历史与现实中法律意识与宗教价值观的相关性

History of state and law Pub Date : 2024-01-25 DOI: 10.18572/1812-3805-2024-1-63-68

Mikhail M. Kazakov

{"title":"The Correlation between Legal Consciousness and Religious Values in History and Present Times","authors":"Mikhail M. Kazakov","doi":"10.18572/1812-3805-2024-1-63-68","DOIUrl":"https://doi.org/10.18572/1812-3805-2024-1-63-68","url":null,"abstract":"The purpose of the article is to find out how religious values influenced the legal consciousness in different historical epochs and what role they play in the legal consciousness of modern people. Historical examples show that from ancient times until modern times, the sense of justice was closely connected with religion. The separation of religious values from law took place during the bourgeois revolutions and in connection with the liberation from colonial dependence. The secularization of the state and law was accompanied by the development of a positivist legal concept, the main value of which was proclaimed to be the state, and law was interpreted as a creation of power. Along with the process of «cleansing» the law from its religious shell, there was an identification and justification of values that began to be called universal. In the modern world, while maintaining the differentiation of religious and secular values, the assessment of the former as predominantly spiritual, and the latter as predominantly material, remains unchanged. The presence of a material and spiritual principle in a person has always made it necessary to correlate legal consciousness with an orientation to the temporal, earthly or eternal, heavenly.","PeriodicalId":302886,"journal":{"name":"History of state and law","volume":"72 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496383","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