Some aspects of John Rawls’s first principle of justice
The article considers the first of the two principles of justice proposed by the American philosopher John Rawls as universal principles that would be chosen by every reasonable and rational person in an ‘original position’. The work analyses the problematic aspects of the principle’s formulation (the ...
Kantian ethos in J. Rawls’s political philosophy
... identifies the intersections between Rawls’s and Kant’s ideas, as well as their differences. Kant and Rawls have much in common. Rawls agrees with Kant that moral philosophy has to depart from commonplace human reason; the content of "political justice" can be an object of construction; construction presupposes the use of practical rather than pure reason; moral philosophy requires a complex concept of a person; the function of moral philosophy is the rational defense of reasonable faith....
The subjects of legal monitoring of Justice of the Peace
The article describes the subjects of legal monitoring in the sphere of Justice of the Peace. The author formulates the definition of the "subject of legal monitoring of the justice of the peace" concept. Based on the analysis of the existing ideas about subjects of legal monitoring and practical experience of monitoring ...
Kant and the New Enlightenment: On the Balance between Duty and Utilitarian Ends
... relationship between duty and human inclinations in Kant’s ethics. I then demonstrate that the topic of political forecasts and the recommendations which Kant prescribes both in his philosophy of history and in his reflections on politics, right and justice, essentially boils down to three points of the philosophy of balance: the balance between development and justice (Kantian republicanism), between the speed and stability of development (external policy, the Kantian peace project), and between ...
Duty and Coercion in Kant’s Republican Cosmopolitanism
... republican civil union means according to Kant’s account of right the greatest contribution that a state could offer to enhance the cosmopolitan order.
1. Beck, V., Culp, J. 2013, Interview of K. Flikschuh, R. Forst and D. Moellendorf, in: Global Justice: Theory Practice Rhetoric 6, pp. 40—53.
2. Bernstein, A. R. 2008, Kant on Rights and Coercion in International Law: Implications for Humanitarian Military Intervention”, in: Jahrbuch für Recht und Ethik 16, pp. 57—100.
3. Bernstein, A....
Reputation core of Russian authorities: the case of the regional level of executive power
... defining the structure of the reputation core characteristic of the federal and regional executive authorities. The reputation core is a multi-component conceptual construct dominated by several integrating characteristics such as honesty, responsibility, justice, concern for and protection of citizens. No differences in the structure of the reputation core of the federal and regional executive authorities have been identified. However, the degree to which these characteristics manifest themselves varies....
John Rawls’ interpretation of categorical imperative in “Theory of Justice”
... kategorischer Imperativ als Kriterium des Sittlichen // Zeitschrift für philosophische Forschung. 1977. Bd 31, H. 3. S. 354—384.
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11. Rawls J. Themes in Kant’s Moral ...
Типология мировой юстиции
... национальных моделей в более общие группы позволяет получить обобщенные (идеальные) типы мировой юстиции.
This article analyzes the research problem of typology of Justice of the Peace. The author considers various options of classifying Justice of the Peace and magistrate’s courts. The article offers the author's typology of Justice of the Peace based on structural-functional approach to the object of research....
The periodisation of justice of the peace history in Russia
This article sets out to justify the updated author’s version of periodization of history of justice of the peace in Russia. The periodization includes four stages covering a time span from the 12th century to the present, is based on unified criteria, and rectifies the existing terminology and chronology. Each stage is a period of time embracing,...
Population change and the settlement system transformation in Poland, as revealed by the 2021 census
... countries of Russia, Lithuania, Belarus and Ukraine. Moreover, there are clear similarities in the political transformation of the Republic of Poland and the Russian Federation. Since the PiS party (Pol. “Prawo i Sprawiedliwość”, Eng. “Law and Justice”) came to power, Poland has aligned its foreign and domestic policy with the values that are traditionally important to Polish society, as perceived and interpreted by the leaders of the Law and Justice (PiS) party. The foreign policy approach ...
Kategorische Rechtsprinzipien in Zeiten der Postmoderne. Interview mit Prof. Dr Otfried Höffe
This interview explores the extent to which Kant’s philosophy, which postulates certain moral principles categorically, has influenced the contemporary theory of justice. Many academics believe such principles to be relative and emphasise that justice lies beyond the remit of science. Otfried Höffe is convinced that categorical legal principles remain a valid subject for an academic discussion. In his works, ...
The Legal Regulation of the EU Immigrant Integration Policy
... österreichische Staatsbürgerschaft (Integrationsgesetz — IntG). URL:
https://www.ris.bka.gv.at/Dokumente/Erv/ERV_2017_1_68_a/ERV_2017_1_68_a.pdf
(дата обращения: 10.05.2018).
10. Case C-153/14, Minister van Buitenlandse Zaken, 2015 // Court of Justice. URL:
http://curia.europa.eu/juris/document/document.jsf?text=2003
%252F86 %252F&docid=165654&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=510201#ctx1 (дата обращения: 10.05.2018).
11. Communication from the Commission ...
Arguments against Redistributive Justice based on Kant’s Doctrine of Private Right
... hermeneutical, Isaiah Berlin’s analysis of negative liberty in “Two Concepts of Liberty” will be helpful here. Secondly, I will argue that the concepts of original acquisition and voluntary transfers are also at odds with the idea of a redistributive justice. At this point, it will be very useful to notice that the first two principles of justice in holdings of Robert Nozick roughly corresponds to the first two sections of Kant’s theory of acquisition of external things in the private right. Finally,...
Kant’s lectures on natural law: Justice and conscientiousness
... connection between ethics and law. An important role is played by the concept of Billigkeit, which is rather difficult to translate into the Russian language and is found in other Kant’s texts on practical philosophy. This term is usually translated as justice. However, there is another word in the German language — Gerechtihkeit — that has the meaning of justice. Moreover, such translation of Billigkeit creates a false connection with the realm of law, which Kant tried to avoid stressing the difference ...
Problems and prospects of EU — Russia dialogue on visa-free travel
... Society Forum, Prague.
5. Potyomkina, О. 2011, Problema doverija Rossii i ES v ramkah obshhego prostranstva svobody, bezo-pasnosti i pravosudija [The problem of confidence in Russia and the EU in the framework of a common space of freedom, security and justice]. In: Potyomkina, О. Yu., Kaveshnikov, N. Yu., Kondrateva, N. B. (eds.), Evropejskij Sojuz v XXI veke: vremja ispytanij [European Union in the XXI century: the test], Moscow, Ves’ mir.
6. Golunov, S. 2013, EU-Russian Border Security: Challenges,...
Anthropological foundations of John Rawls' political theory
The analysis of Rawls’ anthropological model, underlying his theory of justice, reveals its complex basis: on one hand, it is an attempt to attach broader and deeper Kantian philosophical foundations to “ratonal egoist” of classical utilitarianism (idea of autonomy, ability of self-determination through moral law); on ...
Rationality in liberal philosophical theories
... Vol. 3.
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How transcendental are Kant’s principles of public law?
... Blesenkemper, K. 1987, „Publice age“ — Studien zum Öffentlichkeitsbegriff bei Kant. Frankf. a. M.
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Justice of the Peace in Russian Empire: Ideas and Analogies (XVIII — first half of XIX cent.)
The article considers the state and law institutions analogous to the Justice of Peace in Russia in the XVIII — first half of XIX cent., as well as the ideas on magistrate court establishment in the political and legal works of that time.
1.
Ключевский В.
О.
Русская история: ...
Anthropological foundations of John Rawls' political theory
The analysis of Rawls’ anthropological model, underlying his theory of justice, reveals its complex basis: on one hand, it is an attempt to attach broader and deeper Kantian philosophical foundations to “rational egoist” of classical utilitarianism (idea of autonomy, ability of self-determination through moral law); ...
The externalisation of migration control in the European Union: first steps towards the external dimension of the space of freedom, security and justice
The creation of an area of freedom, security and justice is one of the most rapidly developing aspects of European integration. It this paper, we take a look at the foreign policies involved in this process — aside from the internal development of the European Union, they concern a significant number ...
The development of cooperation between the European Union and Russia on migration issues: from „the „common spaces” to the actual implementation
... many areas. Nevertheless, cooperation in the field of migration proves to be successful. Through analyzing the EU-Russia migration agenda from the Partnership and Cooperation Agreement (1997) to the Roadmap for the Common Space on Freedom, Security and Justice (2005), the article assesses the main results of its implementation, such as the Readmission and Visa Facilitation agreements. Moreover, it stresses the role of Russia as an agenda-setter of the EU migration agenda in the Eastern Europe.
1. Averre,...
The European Court of Justice case of Elgafaji: the interaction between EU law and international humanitarian law
... v prave ES [The doctrine of indirect effect (consistent interpretation) in EU law], Evrazijskij juridicheskij zhurnal [Eurasian legal journal], no. 10, pp. 26—37.
11. Garlick, M. V. 2010, The Common European Asylum System and the European Court of Justice. New jurisdiction and new challenges, Area of Freedom, Security and Justice ten years on, Brussels, Centre for European Policy Studies (CEPS),p. 60.
12. Errera, R. 2011, The CJEU and Subsidiary Protection: Reflections on Elgafaji — and After,...
Societal security in the Baltic Sea Region: the Russian perspective
... neoliberalism views societal security as a synonym of community security. According to this sub-school, societal security means societal resilience, namely securing the key elements of a society — economic equality, reflexive cultural traditions and social justice — through robust civic engagement. The community’s security agenda also includes migration, migrants’ integration into society, multiculturalism, minority rights, social cohesion. This version of neoliberal thinking pays much attention to ...
The two-party tendency in Poland’s political system: manifestations, causes and prospects
... ones.
Introduction
Poland’s party system has changed considerably in the first two decades of the 21st century. Chaotic rotation of several unstable parties has been replaced by a much more well-structured model with two new parties — Law and Justice (PiS) and Civic Platform (PO) — as its key elements. Each president and prime-minister who has assumed office in the country since 2005 is a member of either PiS or PO. The polarisation of political life has also increased with the two-party ...
Broken Facets of Ethical Universalism. Commentary on the Book Universality in Morality
... Metaphysics of Morals. German-English Edition. Translated by M. Gregor, edited by J. Timmermann. Cambridge: Cambridge University Press.
Kashnikov, B. N., 2004. Liberal’nye teorii spravedlivosti i politicheskaya praktika Rossii [Liberal Theories of Justice and Political Practice in Russia]. Veliky Novgorod: NovSU Yaroslav Mudryj. (In Rus.)
Macklin, R., 1999. Against Relativism. New York: Oxford University Press.
Rawls, J., 1971. A Theory of Justice. Cambridge, MA: The Belknap Press of Harvard University ...
Development of e-justice during the COVID-19 pandemic
... psychological techniques, the question is raised about the feasibility of developing forensic psychology and rhetoric for online meetings.
Ivanov V. V., Serzhantova L. A.
video conferencing, restrictive measures, online court session, access to justice, fair trial, electronic court proceedings
13-20
The preventive function of the notary: topical issues
... defines the concept and place of the notary in the Russian legal system and among the bodies of civil jurisdiction, reveals the issues of notarial mediation, makes some proposals for improving the legislation. The notary, as an institution of preventive justice, carries out pre-trial resolution of conflicts, ensures the rule of law and plays a huge role in the successful resolution of disputes without going to court, thereby facilitating their work, protecting their rights and interests, and also establishing ...
Kant in the Time of COVID
.... et al., 2020. Assessment of Racial/Ethnic Disparities in Hospitalization and Mortality in Patients with COVID-19 in New York City. JAMA Network Open, 3(12), e2026881.
https://doi.org/10.1001/jamanetworkopen.2020.26881
Rawls, J., 1999. A Theory of Justice. Revised Edition. Cambridge, Mass.: The Belknap Press of Harvard University Press.
Rosenbaum, L., 2020. Facing Covid-19 in Italy — Ethics, Logistics, and Therapeutics on the Epidemic’s Front Line. New England Journal of Medicine. 382(18), ...
Why Kant’s “Ethical State” Might Prove Instrumental in Challenging Current Social Pathologies
... Available at:
https://plato.stanford.edu/entries/communitarianism/
(Accessed 20.05.2021).
Byrne, P., 2007. Kant on God. Hampshire: Ashgate.
Dallmayr, F., 1993. G. W. F. Hegel: Modernity and Politics. Newbury Park, CA: Sage.
Forst, R., 2002. Contexts of Justice. Political Philosophy beyond Liberalism and Communitarianism. Berkeley, CA: University of California Press.
Forst, R., 2014. The Right to Justification. New York: Columbia University Press.
Forst, R., 2015. Rechtfertigung in der praktischen Philosophie: ...
From the Mediterranean to the Baltic: the problem of implementing the principle of solidarity in the EU area of immigration and asylum
The 2015 migration crisis significantly affected the EU’s area of freedom, security, and justice and challenged the cohesion and solidarity of the European Union. Although the crisis is past its peak, it is not over yet: problems and challenges associated with it persist. One of them is the lack of a common approach among member states to ...
Kant on Human Dignity: Autonomy, Humanity, and Human Rights
... Gregor. Cambridge: Cambridge University Press.
Kant, I., 1998. Groundwork of the Metaphysics of Morals. Edited by M. Gregor and C. M. Korsgaard. Translated by M. Gregor. Cambridge: Cambridge University Press.
Kant, I., 1999. The Metaphysical Elements of Justice: Part One of The Metaphysics of Morals. 2nd ed. Translated, with introduction, by J. Ladd. Cambridge & MA: Hackett Publishing Company.
Kant, I., 2011. Observations on the Feeling of the Beautiful and Sublime and Other Writings. Edited by P. Frierson ...
Legal monitoring of justices of the peace: the notion and significance
This article describes the category of legal monitoring, its essence and object. The author considers the possibility of legal monitoring in justices of the peace and stresses its significance.
1. Толмачева Н. Н. Мониторинг закона — от практики к теории // Право и экономика. 2006. № 7. С. 3—11.
2. Тлупова А. В. Региональный ...
Legal aspects of the EU policy on irregular immigration
....eu/dgs/home-affairs/e-library/documents/policies/borders-and-visas/schengen/docs/fifth_biannual_report_on_the_functioning_of_the_schengen_area_en.pdf (accessed 11.06.2015).
4. Voinikov, V. V. 2013, Pravovoe regulirovanie Evropejskogo prostranstva svobody, bezopasnosti i pravosudija [Legal regulation of the European area of freedom, security and justice], Kaliningrad, 397 p.
5. Protokol protiv nezakonnogo vvoza migrantov po sushe, morju i vozduhu, dopolnjajushhij Konvenciju Organizacii Obedinennyh Nacij protiv transnacional'noj organizovannoj prestupnosti, prinjat rezoljuciej 55/25 General'noj ...
The principles of economic protection of the marine environment of the Baltic Sea
... environment of the Baltic Sea. The author analyses their content and legal force on the basis of the provisions of the UN Convention on the Law of the Sea, international conference declaration, as well as the judicial practice of the International Court of Justice, International Tribunal for the Law of the Sea, and international commercial arbitration courts.
1. Biernie P., Boyle A. International Law and the Environment. Oxford, 2009.
2. Case Concerning the Barcelona Traction, Light and Power Company,...
Magistrates’ and volost courts of the Russian Empire on their way to amalgamation
... included in its structure, absorbed by it. This article investigates the background and course of this process in the history of the Russian Empire of the 19th/early 20th centuries. The author explains how volost courts gradually became part of the Justice of the Peace.
1. Горская Н. И. Земство и мировой суд в России: законодательство и практика второй половины XIX века (конец 50-х — конец 80-х гг.) : дис....
The international legal regulation of the status of voluntary human shields
...
Criminal Tribunal for the former Yugoslavia, Prosecutor v. Dusko Tadic, Trial Chamber, Judgment of 7 May 1997.
URL: http://www.icty.org/
x/cases/tadic/tjug/en/tad-tsj70507JT2-e.pdf (дата обращения: 1.07.11).
21.
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High Court of Justice, The Public Committee against Torture in Israel et al v The Government of Israel et al, Judgment, 13 December 2006.
URL: http://slomanson.tjsl.edu/israeli_SCt_Targeted_Killing_Case.pdf (дата обращения: 1.07.11).
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High ...
Bogdan Kistiakovy’s Project of “State of the Future” as Synthesis of the Ideas of Liberalism and Socialism
... parallels in the contents of this project. The ‘state of the future’ as a rule-of -law socialist state should not only protect citizen’s rights and freedoms, which Kistyakovky supports as proponent of ‘natural rights’, but also ensure social justice. Moreover, he stresses the nonviolent, ‘evolutionary’ way of transition from a bourgeois rule-of-law state to a socialist one. Kistyakovsky’s project demonstrates certain ‘utopianism’, since it is future-oriented and it pursues the ethical ...
The legitimation and criticism of violence in international law. A po¬litical science perspective
... Ardsley ; N. Y., 2005. P. 21—52.
6. Brock L. Frieden durch Recht // Frieden durch Recht? / Hrsgs. P. Becker [et al.]. Berlin, 2010. S. 15—34.
7. Case Concerning Military and Paramilitary Activities in and Against Nicaragua. International Court Of Justice, Application instituting proceedings filed in the Registry of the Court on 9 April 1984. URL: www.icj-cij.org/docket/files/70/9615.pdf (дата обращения: 28.08.2012).
8. Cunliffe Ph. A Dangerous Duty: Power, Paternalism and the Global‚ ...
Military and political cooperation between Germany and Lithuania in the late 2010s to early 2020s
... second half of the 2010s and into the early 2020s [23]. Officially, Warsaw sought to assume the role of senior partner, a stance that was met with criticism from Berlin. This tension was particularly pronounced during the tenure of Poland’s “Law and Justice” party, which secured victories in the presidential elections of 2015 and 2020, as well as the Seimas elections of 2015 and 2019 [24]. Throughout Donald Trump’s presidency, Poland actively supported efforts to exert pressure on Germany, aiming ...
Confiscation Estonian style: legal and political aspects of potential seizure of Russian assets in EU countries
... legal. Moreover, in recent instances of international legal practice, there have been cases of successful challenges to unilateral actions concerning property rights restrictions. In particular, this refers to the decision of the International Court of Justice of 30 March 2023,<24> which recognised that the US violated its obligations under international law by freezing the assets of some Iranian companies (para. 157, 159) and confiscating such assets without due compensation (para. 187, 192)....
Reclaiming the “Cultural Mandate”: The Idea of Sustainable Development in the Kantian Perspective
... Kantian Overview. Problemy Ekorozwoju — Problems of Sustainable Development, 13(2), pp. 77-82.
Pascal, B., 1910. Thoughts. In: B. Pascal, 1910. Thoughts, Letters, and Minor Works. New York: P. F. Collier & Son, pp. 9-321.
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Sakharov, A. D., 1968. Thoughts on Progress, Peaceful Coexistence and Intellectual Freedom. The New York Times, July 22, p. 14.
Schönfeld, M., 2008. Green Kant: Environmental Dynamics ...
On the role of the results of operational search activities in contemporary criminal proceedings
... well as observation and other particular methods of studying legal phenomena. The research used doctrinal sources, as well as domestic legislation as the sources of study material. Conceptual proposals were put forward to improve the theory of criminal justice, with the aim of its rational updating, as well as possible ways to improve the Criminal Procedure Code of Russia.
Nazarov M.V.
body of inquiry, operational units, results of the ORD, prospects for using the results of the ORD, preliminary ...
Dismantling monuments as the core of the post-2014 ‘decommunisation’ in Ukraine and Poland
....2022) (in Russ.).
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Disputes over Polish historical policy after 1989
, Pamięć i polityka historyczna. Doświadczenia Polski i jej sąsiadów, p. 33—57 (in Pol.).
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Sovremennaya Evropa
, № 1, p. 102—113,
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(in Russ.).
30. Bukonkin, D. A. 2016, Historical politics as a new element in the Belarusian-Polish interstate relations. In: Mnogovektornost’ ...
Types of judicial activity and its elements
... Federation related to the issue of legal regulation of judicial activity, as well as an analysis of the data of the Judicial Department at the Supreme Court of the Russian Federation.
Stepanova E.E.
judicial activity, activity of judicial bodies, justice, court, judicial control, judicial authorization, independence of judges, citizens’ rights
14-21
10.5922/sikbfu-2022-3-2
Feodosia as a city and a visual text (Aivazovsky Project)
... 39—44 (in Russ.).
Korkhmazyan, E. M., 1968. Concerning an Armenian Family of Crimean miniaturists. Istoriko-filologicheskii zhurnal [Historical-Philological Journal], 2, pp. 184—190 (in Russ.).
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Petrenko, A. P., 2015. The city as a complex self-organizing system (on the example of Feodosiya)]. Uchenye zapiski Krymskogo federal'nogo universiteta imeni V. I. Vernadskogo. Filosofiya. Politologiya....
New principles of resource distribution in the EU and their impact on the countries of the Baltic region
The Multiannual Financial Framework for 2021—2027 was adopted during the severe crisis caused by the ongoing coronavirus pandemic. In the face of a rapidly deteriorating economic situation, EU countries took unprecedented steps radically changing the principles of resource allocation in the Union. These included the recovery plan for Europe, making the EU budget conditional on respect for the rule of law and the new EU resources system. This article seeks to identify the essential characteristics...
Digital Technology: Reflections on the Difference between Instrumental Rationality and Practical Reason
... steht die Analytische Philosophie heute? Vienna: Oldenbourg, pp. 150-170.
Dreyfus, H. and Taylor, C., 2015. Retrieving Realism. Cambridge, MA and London: Harvard University Press.
Forrest, K., 2021. When Machines Can Be Judge, Jury, and Executioner: Justice in the Age of Artificial Intelligence. New Jersey: World Scientific Publishing House.
Habermas, J., 2019. Auch eine Geschichte der Philosophie. Volume 2: Vernünftige Freiheit: Spuren des Diskurses über Glauben und Wissen. Berlin: Suhrkamp.
Herman,...
Watershed or Cul-de-Sac? Disputes in the Theological Reception of Kant’s Philosophy
... “heretical” to defining it as the genuine space of the free human counterparts created by God, according to Duns Scotus’s late medieval theology which anticipates Kant’s concept of autonomy. The standard by which theologies are judged is how they do justice to the New Testament’s message of salvation by Jesus Christ. The Conclusion argues that Kant’s turn to freedom in its unconditionality and finitude has opened up a thought form in which the truth of the Gospel finds more adequate categories ...
The remaking of geopolitical space and institutional transformations: the case of the Baltic Region
... experience (1560—1718), Cambridge Univ. Press, Cambridge. doi:
https://doi.org/10.1017/CBO9780511622274
.
13. Pihlajamäki, H. 2013, Claiming Authority: Criminal Procedure in Seventeenth Century Swedish Livonia, Bergen Journal of Criminal Law and Criminal Justice, vol. 1, no. 2, p. 80—97.
14. Ciesielski, T. 2014, The Polish-Lithuanian Commonwealth and Russia’s expansion in the Baltic region in the 18th century, Studia Slavica et Balcanica Petropolitana, no. 15, p. 118—134.
15. Gibson, C. 2015, Absent ...