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This article considers the understanding of natural law from the perspective of neo-Kantian legal philosophy of the late 19th/early 20th century and the problem of correlation between changing rules of law and the unchanged form of moral prescriptions.The author focuses on the development of Kantian approach ...

The early decades of the last century saw European philosophical thought becoming increasingly interested in the sociological extension of the idea of law. From the viewpoint of the sociology of law, law is formed in the process of social interactions and is not sanctioned by the state. Sergey Hessen and Georges Gurvitch base their conceptions of social law on the sociology of law in the 1920s and 1930s....

... union itself, and therefore a merely contractual vision of family law can be overcome. The personalist philosophy of family retains the fruitful contents of Kant's matrimonial law theory: the notion that the matrimonial union is necessary “due to the law of humanity”, and not due to mere natural necessity; the notion of matrimonial acquisition as one accomplished neither factually, nor contractually, but “according to a law”, as a consequence of an obligation to enter a family unity. And yet, just as in Kant’s theory of law there ...

Natural Law Notes of Feyerabend is one of the most important sources by the research of ethical and juridical views of Kant. Dating back to 1784 they distinctly demonstrate that the basic principles of Kant’s philosophy of right are not a late production of ...

... to the understanding of the essence of law. He supported methodological pluralism and identified four theoretical and two practical concepts of law. The neo-Kantian motive in Kistyakovsky's theory manifested itself in the reference to the normative nature of legal rules and law in general and its independence of any external authorities or internal motivations of human behavior. According to Kistyakovsky, the rational element of legal rules is their key characteristic. Not unlike concepts, law is created by reason, without ...

The lectures on natural law delivered by Kant in the winter semester of 1784/85 have recently attracted increasing attention from Kant scholars. Dating back to the 1780s, they elucidate a number of important aspects in the genesis of Kant’s practical philosophy. Firstly, this ...

... ponjatii i istorii filosofii) [What is philosophy? (On the concept and the history of philosophy)]) // Windelband, W., Izbrannoe: Duh i Istorija [Selected: Spirit & History], Moscow, P. 22—58. 14. Windelband, W., 1995b, Normy i zakony prirody [Norms and laws of nature] // Windelband, W., Izbrannoe: Duh i Istorija [Selected: Spirit & History], Moscow, P. 184—208. 15. Dmitrieva, N. A., 2007, Russkoje neokantianstvo: “Marburg” v Rossii. Istoriko-filosofskije ocherki [Russian Neo-Kantianism: “Marburg” ...

....1017/S1369415413000319 . Kahn, S., 2017. Positive Duties, Maxim Realism and the Deliberative Field. Philosophical Inquiry, 41(4), pp. 2-34. https://doi.org/10.5840/philinquiry201741421 . Kahn, S., 2019. Defending the Traditional Interpretations of Kant’s Formula of a Law of Nature. Theoria, 66(158). pp. 76-102. https://doi.org/10.3167/th.2019.6615804 . Kahn, S., 2020. Positive Duties, Kant’s Universalizability Tests, and Contradictions. Southwest Philosophy Review, 36(1), pp. 113-120. https://doi.org/10.5840/swphilreview202036113 ...

... views on the classification of defects of the law are presented, the possibility of dividing such defects into types is justified, bringing the author’s view of such a division. Dolgikh T.N. defects of law, defect of the criminal procedure law, classification and types of defects, gaps, collisions, inconsistency of norms, flaws of a stylistic and linguistic nature 25-37 10.5922/vestnikhum-2024-4-3

... 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. R. 2014, The Right of States, the Rule of Law, and Coercion: Reflections on Pauline Kleingeld’s Kant and Cosmopolitanism, in: Kantian Review 19/2, pp. 233—249. 4. Byrd, S., Hruschka, J. 2010, Kant’s Doctrine of Right. A Commentary, Cambridge. 5. Flikschuh, K. 2007, Duty, Nature, Right: Kant’s Response to Mendelssohn in Theory and Practice III, in: Journal of Moral Philosophy 4/2, pp. 223—241. 6. Flikschuh, K. 2010, Kant’s Sovereignty Dilemma, in: The Journal of Political Philosophy 18/4, pp. 469—493. 7. Flikschuh,...

... examples can be found in Kant’s later writings. Finally, the author considers a moderate interpretation that makes it possible to harmonise the publicity principles as (meta) principles of lawmaking and law enforcement with the core of Kant’s system of law and morals. This resolves the issue of direct efficiency of these principles, whereas the declaration of the formal character of the ‘doctrine of happiness’ dispels doubts over the implicitly a posterior and empirical nature of criteria introduced as formal and a priori ones. 1. Arendt, H. 2011, O politicheskoj filosofii Kanta: Kurs lekcij. Perev. A. N. Salikova. Lekcija 10 [Lectures on Kant's Political Philosophy. Transl. by A. N. Salikov. Lecture 10], in: Kantovskij ...

... Stellenindex und Konkordanz zum “Naturrecht Feyerabend”. Stuttgart-Bad Cannstatt: frommann-holzboog, pp. 3-15. Kant, I. 2016. Natural Right Course Lecture Notes by Feyerabend. In: I. Kant, 2016. Lectures and Drafts on Political Philosophy. Edited by F.... ... Comparative Project (To the History of the Constitution of the Russian Federation). Journal of Foreign Legislation and Comparative Law, 1, pp. 8-14. (In Rus.) Kozlova, E. I. and Kutafin, O. E., 2001. Konstitucionnoe pravo Rossii. Uchebnik [Russian Constitutional ...

... in German and Russian Languages]. Volume 3. Moscow: Moskovskii filosofskii fond, pp. 41-275. (In Rus.) Moor, J. H., 2006. The Nature, Importance, and Difficulty of Machine Ethics. IEEE Intelligent Systems, 21(4), pp. 18-21. https://doi.org/10.1109/MIS.... ... Intelligence. Berlin & Boston: De Gruyter, pp. 223-239. https://doi.org/10.1515/9783110706611-008 . Kant, autonomy, freedom, moral law, AI, artificial moral agent, categorical imperative, moral understanding Fedotova Yu. S. 225-239 10.5922/0207-6918-2023-4-12

This article considers the system and structure of sources of Russian corporate law. Research approaches to the notion and legal nature of sources of corporate law and their place in the system of civil law sources are analysed. The authors address the legal nature of corporate regulations, including the rules and standards of self-regulatory organisations as sources of corporate law. 1. Диденко А....

My article is devoted to one of the main concepts of early modern natural law, i. e. the concept of obligation. Starting with Pufendorf's concept of obligation, it will be demonstrated that the natural law is grounded on the will of God. In contrast, the concept of obligation in Christian Wolff's Philosophia practica universalis ...

.... 499-508. https://doi.org/10.22363/2313-2302-2018-22-4-499-508 . (In Rus.) Bertolino, L., 2015. Thinking of Nature and the Nature of Thinking: Cohen on Spinoza. Translation and Preface by V. N. Belov. Kantian Journal, 3(53), pp. 48-65. https://dx.doi.... ... Commentary by N. A. Dmitrieva. Moscow: Progress-Traditsiya. (In Rus.) Frolova, E. A., 2012. Methodological Problems of the Science of Law in the Teachings of B. A. Kistyakovsky (Polemic of the Marburg and Baden Schools of Neo-Kantianism). Bulletin of the Moscow ...

... causal laws of nature, but can be determined by the moral law of their pure practical reason which they give to themselves. The actions of the will, observable volitions and external actions, can therefore, at the same time, be under the necessitating law of nature, i.e. be unfree, and, as appearances of the self-determination of their noumenal will (by fulfilling the demands of the moral law), be free. Two professors of Jena University, Ulrich and Schmid, accept part of Kant’s transcendental idealism but ...

... constituent entities of the Russian Federation on the basis of the analysis of the Charters of the Kaliningrad and Krasnoyarsk regions. The emphasis is placed on the theoretical and practical issues of the charter statutes incorporation in the sources of law system. 1.  Устав (Основной Закон) Калининградской области (в ред. закона Кали­нинградской области от 24 декабря 2009 г . №   314 «О внесении ...

The article focuses on different approaches to the definition of the legal state nature that has existed over time. The research is aimed at identifying the modern frames of the legal state that functions as ... ... The result of the research that has been undertaken shall be the definition of the legal state, which is based on the rule of law, the recognition of law, the respect of law and the civil compliance with the law, as well as on the government’s ensuing ...

... of the physical-theological proof and his proposed ways of improving it are here analysed. God is central to Wolff’s philosophical system and the fundamental prerequisite of his theoretical and practical philosophy. Although Wolff insists that the natural law is inherent in human nature and can therefore be comprehended by human reason without turning to divine revelation, in reality God is the creator of this natural law and the cause of its perfection. Accordingly, faith in the true God in Wolff’s ...

... Press, pp. 1-10. Forschner, M., 2011. Über die verschiedenen Bedeutungen des ‘Hangs zum Bösen’. In: O. Höffe, ed. 2011. Immanuel Kant, Die Religion innerhalb der Grenzen der bloßen Vernunft. Berlin: Akademie-Verlag, pp. 71-90. Gula, R., 1991. Natural Law Today. In: C. Curran and R. McCormick, eds. 1991. Natural Law and Theology. Mahwah, NJ: Paulist Press, pp. 369-391. Habermas, J., 2003. The Future of Human Nature. Translated by W. Rehg, M. Pensky, H. Beister. Cambridge: Polity Press. Habermas, J....

... need to strengthen the role of expert councils under the committees of the Russian State Duma and the place of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, fixing in the parliamentary regulations and laws, the mandatory nature of their analysis and expertise of introduced bills at the stages of the legislative process. 1. Arce Janariz A. La Transparencia de la ley // Cuadernos Manuel Giménez Abad. 2013. № 5. P. 59—68. 2. Dawn O. Improving the scrutiny of bills: ...

... -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 ... ... mission of achieving social justice. This problem is solved through withdrawing all means of production from the realm of private law, which should be compensated for by the extension of public legal rights. It is concluded that it is possible to correlate ...

... Solovyov’s Philosophy of Law]. Moscow: Modest Kolerov. (In Rus.) Reisner, L. M., 1904. G. Jellinek and the Modern State. Pravo [Law] (St. Petersburg), 3, col. 159-161. (In Rus.) Rickert, H., 1903. Granicy estestvenno-nauchnogo obrazovaniya ponyatij: logicheskoe ... ... translated by S. I. Hessen. St. Petersburg: D. E. Zhukovsky. (In Rus.) Rickert, H., 1911. Nauki o prirode i nauki o kul’ture [Natural Sciences and Cultural Sciences]. Translated by S. I. Hessen. St. Petersburg: Obrazovanie. Solovyov, V., 2015. Justification ...

... that of Russian religious philosophy, and that of Russian followers of the Marburg Neo-Kantianist.The first two approaches are characterized by a non-systemic perception with an emphasis on critique. The key features of the third one are the system nature and the attempt to stress both the progress and the shortcomings of H. Cohen’s ethical constructions.When analyzing Cohen’s ethics, Russian theorists of law focused on the correlation between law and morals. In this connection, the central issue was the legal orientation of the Marburg philosopher’s ethics.The main drawback of H. Cohen’s constructions emphasized by a proponent of V. S. Soloviev’s ...

Based on Fichte’s Foundations of Natural Right, recently published in Russian for the first time, this article investigates the logic and basic statements of Fichte’s theory on family law. The first part of the study is dedicated to Fichte’s ethical and metaphysical “deduction of marriage”, which views the family union as a natural-and-moral community of sexes, which only subsequently assumes a legal form through the principle ...

... philosophical categories developed within this theory throughout its history. Elaborating the ideas set forth in the monograph, the author also stresses the relevance of the problem of justifying the thesis about the moral law as an analogue of the universal law of nature in the modern context. Apressyan, R. G., ed. 2020. Universal’nost’ v morali: kollektivnaya monografiya [Universality in Morality: A Collective Monograph]. Moscow: Sadra. (In Rus.) Callahan, D., 2000. Universalism and Particularism: Fighting ...

... the principle of expediency as a substantive element underlying the complex systemic concept of legality. Given the polysemous nature of legality, the author critically evaluates the notion that legality can be viewed in its entirety as a form of expediency ... ... forming an integral part thereof. The principle of expediency may also function as a principle within individual branches of law. The study substantiates the conclusion that the operation of the principles of legality and expediency manifests distinctively ...

This article attempts to elucidate the fundamental connection between law and morals. The authors substantiate the thesis about the spiritual nature of law as a methodological principle of theoretical and practical jurisprudence. The subject content of spiritual foundations of law is demonstrated through the triunity of dignity, autonomy, and mutual respect and trust. Alongside factual and legal aspects,...

... implementation of the provisions contained in the four blocks of the “Common Steps”, the authors draw conclusions about the political nature of major obstacles to a visa-free regime. This article is based on the proceedings of the “Russia and European Union: ... ... Federal'nyj zakon ot 15.08.1996 N 114-FZ «O porjadke vyezda iz Rossijskoj Federacii i v#ezda v Rossijskuju Federaciju» [The Federal Law of 15.08.1996 N 114-FZ "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation"],...

... This problem was crucial to the Enlightenment. Kant’s deliberations on the issue include a long prehistory of formulating the concept of religious tolerance and modelling relations between the state and different confessions, based on the rules of natural law, which date back to the early Enlightenment. For the first time, it was discussed at length by Christian Thomasius, whose endeavours marked the beginning of the Enlightenment in Germany. Moreover, a number of important aspects relate Thomasius’s ...

... Unwin. Lévy-Bruhl, L., 1925. How Natives Think. New York: Knopf. Litt, Th., 1926. Individuum und Gemeinschaft. Grundlegung der Kulturphilosophie. Leipzig: B.G. Teubner. MacIver, R., 1917. Community: A Sociological Study. Being an Attempt to Set Out the Nature and Fundamental Laws of Social Life. London: Macmillan and Co. Mauss, M., 1924. Rapports réels et pratiques de la psychologie et de la sociologie. Journal de Psychologie, 21, pp. 892-922. Mauss, M., 1990. The Gift: The Form and Reason for Exchange in Archaic Societies....

... 4—154. 9. Manjeet Kumar Sahu. Criminal liability of corporation: an Indian perspective. L., 2013. 10. Model Penal Code : official draft. N. Y., 1962. 11. Stewart J. G. Pragmatic critique of corporate criminal theory: lessons from the extremity // Public law & legal theory research paper series working paper. 2012. № 12—54. P. 1—150. Aleksandrova L., Mezhenina E. juridical person, natural person, corporate criminal liability, compliance programme, exemption from corporate criminal liability, cases of corporate criminal liability 39-45

... Journal of Philosophy, 5(1), pp. 50-73. Gewirth, A., 1984. The Epistemology of Human Rights. Social Philosophy and Policy, 1(2), pp. 1-24. Gewirth, A., 1998. The Community of Rights. Chicago: University of Chicago Press. Gregor, M., 1995. Natural Right or Natural Law? Jahrbuch für Recht und Ethik / Annual Review of Law and Ethics, 3, pp. 11-35. Herman, B., 1993. The Practice of Moral Judgment. Cambridge, MA: Harvard University Press. Hill, T. E. J., 1980. Humanity as an End in Itself. Ethics, 91(1), pp. 84-99....

... “personal right that is real in kind”: the possibility of possessing a person as a property item presets the antinomy of moral and legal principles, which reproduces the conflict between Roman naturalistic legal theory and the contractual philosophy of natural law. The author also considers the ways to overcome this antinomy, as well as ensuing solutions to the problems relating to the legal foundations and the subject of family law. 1. Кант И. Метафизика нравов // Соч. : в 6 т. ...