The Christian right movement in the USA in the 1990s
This article analyses the factors that strengthened the influence of the Christian right movement in the USA in the 1990s. The author considers the organizational changes and ideological transformation within the movement and its effect on the political process in this period. The article identifies the problems facing the Christian ...
Russia and the European Union: an elusive quest for common values?
... current state of the EU-Russia dialogue (section 1), East-West cooperation in the framework of the Organisation for Security and Cooperation in Europe (section 2), and the position of the Council of Europe member states on the European Court for Human Rights (section 3). The author comes to a conclusion that the concept of “common values” is to a great degree fictitious, and its viability depends on whether Russia behaves as a European country. The complete internalisation of democratic values,...
Arguments against Redistributive Justice based on Kant’s Doctrine of Private Right
According to Kant, “right in a state of nature is called private right” (MS, AA VI, S. 242). It is my claim that there is no room for a right to enforce the offer of benefits in the private right. Firstly, I will show how the concept of an innate right to freedom provides ...
Principles of Adjudication (diiudicatio) and Execution (executio) in Kant’s Practical Philosophy (Based on Feyerabend’s Natural Right and Lectures on Ethics)
This paper is concerned with the principles of adjudication (diiudicatio, Beurteilung) and execution (executio, Ausübung) in the notes of Kant’s lectures on natural right (“Feyerbend’s Natural Right”). In this manuscript these principles are used as a binary scheme twice, each time in the introduction to the first chapter. To explain the meaning of these concepts I use other cases of their use in Kant’s philosophy....
Human rights in EU-Russia relations: a human rights mechanism
This article considers the human rights issues in relations between the Russian Federation and the European Union in the context of formal agreements and real policy from 1994 to the beginning of 2013. The EU regards human rights as fundamental values, which serve as the basis for its ...
Kant and the Constitution of Russian Federation
... Moscow,no. 9, pp. 5—9.2. Barenbojm, P. D. 2011, Konzepzija Sor’kina-Tancheva o sootnoshenii sovremennich doktrin verhovenstva prava i pravovogo gosudarstva [Conception of Zorkin-Tanchevabout the correlation of modern doctrines of the leadership of right and of constitutional state], Zakonodatel’stvo i ekonomika [The legislation and economics], Moscow, no. 10,pp. 2—19.3. Bondar’, N. S. 2010, Filosofija rossijskogo konstituzionalizma: v kontekste teorii i praktiki konstituzionnogo prava [The ...
Right-wing radical ideologems in the politics of South American states
The purpose of the study is to determine the influence of right-wing radical ideologies on political processes in South America. Right-wing radicalism has a long history of presence in the political reality of South American states. Having gone a long way from the usual ideas and concepts of the continental elites to the organization of right-wing radical political forces, right-wing ideologemes have become entrenched in the public consciousness of the societies of South American countries. We relied...
Functions of the prosecutor's office of the Russian Federation in protecting the social rights of employees of healthcare institutions: theoretical and practical issues
The article analyzes the state of legality in the field of social security of health workers, considers the implementation of the prosecutor’s powers to oversee the enforcement of laws in the social sphere, the execution of the rights of health workers to remuneration for work, compensatory and incentive and other payments, as well as additional social benefits. The authors introduce the results of the prosecutorial activity of the prosecutor’s office of St. Petersburg in ...
Duty and Coercion in Kant’s Republican Cosmopolitanism
This paper argues whether Kant’s cosmopolitanism entails a specific theory of coercion. I will especially tackle Kant’s account of international political order. First, I claim that Kant attributes a systematic role to the cosmopolitan right, what justifies considering this part of the doctrine of law as a necessary rational conclusion of the legal system, although its institutional embodiment differs from that required by the rights of states. I highlight that according to Kant states ...
“And the Young Turks will not resurrect their fatherland”: Russian right-wingers and the Young Turk Revolution
... periodicals (newspapers “Zemshchina,” “Russkoe Znamya,” “Moskovskie Vedomosti,” “Kolokol,” “Kievlyanin,” “Novoe Vremya”) and journalistic works by conservative authors, three significant aspects through which the opinion of the Russian right on the Young Turk Revolution was formed are identified: the ideological positions of conservatives rejecting revolutionary social changes; Turkey’s place in the system of international relations and the forecasting of geopolitical changes in light ...
The Kantian Concept of Human Dignity Today
... and in legal documents. While in ordinary life dignity is increasingly reduced to access to material benefits, in its legal sense — above all in the 1993 Constitution of the Russian Federation — anti-communist ideology has turned it into the “right” to enjoy comfortable living conditions, being almost totally divorced from duties and from morality. Such interpretations of human dignity lead to a dead end, creating problems for its perception and for its relationship to other constitutional ...
Kant on Human Dignity: Autonomy, Humanity, and Human Rights
... within Kantian scholarship. I also explore the works of philosophers, such as Herman, Korsgaard, Wood, Höffe, and, specifically, Hill, on Kant’s conception of human dignity in relation to its conception as autonomy, humanity, and the source of human rights.
Ameriks, K., 2000. Kant and the Fate of Autonomy: Problems in the Appropriation of the Critical Philosophy. Cambridge: Cambridge University Press.
Bayefsky, R., 2013. Dignity, Honour, and Human Rights: Kant’s Perspective. Political Theory,...
Kant and Hegel, an alleged right and the ‘inverted world’
... actions in the sensible world. A condition for cognising freedom is the categorical imperative. Apparently, applying the moral law formula may lead to contradictions. One of these contradictions is contained in the famous question regarding the alleged right to lie out of love of humanity. Kant's theory of impossibility of total delusion makes it possible, on the one hand, to prove that Kant is right to insist on inadmissibility of lying. On the other, in controversial situations, polemics focus on ...
Evolution of «Alternative for Germany» in 2017—2021
... sociologists, psychologists, etc. It was assumed that Alternative for Germany could have several main scenarios of development: gradually move closer to the center and become a systemic party, disappear after several electoral cycles, or continue moving to the right. By the elections to the Parliament in 2021, the party strengthened its positions in the eastern regions of the country, while continuing to shift to the right. This article examines the internal struggle among members of the party, the evolution ...
Current Problems of Ensuring Personal Liberty and Immunity in the Russian Federation in the Light of Decisions of the European court of Human Rights
The article analyses the acute problems of the observance of rights to personal liberty and immunity, provided by the Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms in the light of the decisions of the European Court of Human Rights in respect of the Russian Federation.
...
The concept of operative administration and its development in science and legislation
The article considers the right of operative administration as the statutory right to own, use and dispose of another’s property in their own
interests by representing different scientific points of view and opinions of scientists about the nature of the right of operative ...
The legitimation and criticism of violence in international law. A po¬litical science perspective
... force, which poses a paradox and was not foreseen in Kant’s peace project. It is paradoxical because modern international law — unlike classical law — is aimed not at regulating wars but maintaining peace. However, the UN Charter provides for the right to self-defence before the collective resolution is adopted. Despite rather strict legal restrictions and international court procedures, cases of abuse of this right occur on a frightening scale. A considerable threat is posed by that it is ‘indirect’ ...
Pedagogical support children in a conflict situation: legal aspects
The authors analyse documents of international and European law: the Convention on the Rights of the Child, UNICEF Declaration "World fit for children”, European Convention for the Protection of Human Rights and Fundamental Freedoms, European Social Charter, the Strategy of the Council of Europe on the Rights of the Child. The documents ...
Men’s revolt: the struggle for gender equality in the Polish lands of the Austrian and Russian Empires at the beginning of the XX century: issues of political communication
... organizations is highlighted. The author studies the contribution of Stanisław Kośutski in forming the first mass women’s organization in the Polish territories. The collaborative efforts of women and men in the League of Men for the Defense of Women’s Rights and the Union for Equal Rights of Polish Women are characterized. The reasons for the split in the Union for Equal Rights of Polish Women, Stanisław Kośutski’s role in the internal conflict of the Union, and his relations with key activists ...
Bogdan Kistiakovy’s Project of “State of the Future” as Synthesis of the Ideas of Liberalism and Socialism
... developed by Kistyakovsky at the turn of the 20th century. The article identifies distinct Marxist analogies and 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 ...
Kant between liberalism and conservatism
... 46—52.
5. Соловьёв Э. Ю. Категорический императив нравственности и права. М., 2005.
6. Шмитт К. Политическая теология. М., 2000.
7. Beck, L. W., 1971. Kant and the Right of Revolution // Journal of the History of Ideas. Vol. 32, № 3, Jul-Sep. 1971.
8. Flikschuh, K., 2008. Reason, Right, and Revolution: Kant and Locke // Philosophy & Public Affairs. Vol. 36, № 4 (Fall, 2008). Р. 375—404.
9. Insole, Ch. Two ...
The justification of legal punishment in Kant’s philosophy
... author stresses a more fundamental one lying behind it: Is a non-contradictory theory of punishment conceivable at all within Kant’s philosophy? It is demonstrated that a solution of this question largely determines a justification of the doctrine of right as such as well as a solution of the problem of relation between right and ethics in Kantian philosophy. Some recent interpretations of Kant’s theory of punishment are examined, particularly those by O. Hoeffe and B. Byrd. It is demonstrated that ...
A reasonable period of trial in a criminal case
The analysis of the concept of a reasonable timeframe for court proceedings is a pressing issue in the current stage of the development of criminal procedure in Russia. Several international mechanisms for protecting individual rights in the sphere of criminal proceedings, including those for contesting reasonable timeframes, have been lost. The study employed general and specific scientific methods, such as dialectical, axiological, and synergetic approaches, as well as the ...
Russian Political Kant after Liberalism: Sergey Hessen on 1924 Kant Jubilee
... oblasti filosofii prava [Kant and Hegel in Their Doctrines on Law and State: Two Typical Constructions in the Field of Philosophy of Law]. Moscow: University Printing House. (In Rus.)
Novgorodtsev, P. I., 1905. Two Sketches: 1. Before the Veil. 2. The Right to a Dignified Human Existence. Polarnaya Zvezda [Polar Star] (St. Petersburg), 30 Dec., 3, pp. 210-222. (In Rus.)
Novgorodtsev, P. I., 1911. The Right to a Dignified Human Existence. In: P. I. Novgorodtsev and I. A. Pokrovsky, 1911. O prave na ...
The subjects of legal monitoring of Justice of the Peace
The article deals with controversial issues of positive responsibility. The analysis enables the author to conclude that the category under investigation is a feature (property) of the subject of law, represents the exercise of subjective rights by his will and in his interest in accordance with legal norms, criteria for the lawfulness of the implementation of actions, restrictions. Manifestations of positive legal responsibility should be sought not in specific legal norms, but in the ...
Romokhov vs Russia: the procedural features and effect on the ensuing judgements of the European Court for Human Rights
This article describes the procedural features of the judgement of the European Court of Human Rights in case of Romokhov vs Russia. The author describes the sophisticated and inhomogeneous structure of this case as well as its and precedent features.
1. Конвенция о защите прав человека и основных свобод ...
Property Right and Expropriation in Proceedings of the European Court of Human Rights
This article analyses property right protection in the framework of the European Convention for the Protection of Human Rights and Fundamental Freedoms and gives the definition of property subject to protection from offences according to the Article 1 of the Protocol No. 1 to the Convention ...
Consumer right as a socioeconomic and legal category
This article considers the right of consumers to knowledge regarding their rights and their protection and information about goods (works, services) and their quality, requirements for such information, and responsibility for the violation of these requirements both at the legislative ...
Feodosia as a city and a visual text (Aivazovsky Project)
... [Aivazovsky. Documents and materials]. Yerevan: Hayastan (in Russ.).
Berestovskaya, D. and Petrenko, A., 2017. Architectural Space of the City: a semiotic Approach. Urbanistika [Urbanistics], 1, pp. 24—34 (in Russ.).
Harvey, D., 2006. The Right to the City. In: R. Scholar, ed. Divided Cities: The Oxford Amnesty Lectures 2003. Oxford: Oxford University Press, pp. 83—103.
Hayuk, I., 2015. Historical interrelations of the Armenian colonies of Ukraine with Holy Land and their display in ...
The concepts of citizenship and estate in Russian history — continuity and / or intermittence
... changed. In the first month after the Revolution, the Bolsheviks officially abolished estates, titles and ranks. Under the 1918 Constitution of the RSFSR, the concept “class” became a legal term in Soviet Russia. Only “workers” received political rights and thus full citizenship. The official civil status or citizenship was an integral part of the ideology of workers and “exploited” classes as opposed to “non-working, bourgeois elements”. The idea of citizenship ceased to depend on territory ...
The ethical and philosophical antinomy of foundations of Kant’s theory of family law
The present paper focuses on the ethical and anthropological foundations of Kant’s philosophy of family law conceived as a “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 ...
Frolova Ye. The theoretical and methodological issues of the revival of natural law
... sketches], Moscow.5. Ellinek G. 1910, Social'no-jeticheskoe znachenie prava, nepravdy i nakazanija [Socio-ethical significance of law, iniquity and punishment], Moscow.6. Finnis Dzh. 2012, Estestvennoe pravo i estestvennye prava [Natural law and natural rights], Moscow.7. Kelzen Gans. 2015, Chistoe uchenie o prave, spravedlivost' i estestvennoe pravo [The blank doctrine about the right, justice and the natural right], St. Peterburg.8. Kogen G. 2012, Teorija opyta Kanta [Kant's theory of experience], ...
The features of choosing an institutional development trajectory in Eastern Europe in the 16th—17th centuries: Moscovy and the Polish — Lithuanian Commonwealth
... emphasizes the factors, which affected the choice of institutional development trajectory, and considers the influence exerted by these institutes on the political and military development of these states. This article shows how the contingent property rights in Moscovy turned out to be competitive in the conditions of a considerable contribution of decentralization factors to defence capacity and, opposite to the situation in the Polish — Lithuanian Commonwealth, ensured the formation of large and ...