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 ...
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,...
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 ...
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 ...
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 ...
Exclusive rights in the Russian civil circulation
This article considers individual issues of the civil legislation on the definition of the concept of exclusive right, its legal nature, the definition of its place among civil rights objects, and the possibilities of its use in civil circulation in the framework of various transactions and enforced collection.
кодекс Российской ...
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,...
Property Rights of Debtor as Object of Claim According to Legislation of the Russian Federation
The article considers some questions of civil and criminal executive legislation in terms of enforced collection of the debtor’s property rights, their subsequent realisation, and possibility of using some types of property right as objects of claim.
Проблемы правового регулирования обращения взыскания на имущественные ...
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 ...
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 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 ...
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’ ...
Cessation of right of claim under a credit agreement: the problems of enforcement
This article considers the cession or transfer of rights of claim under a credit agreement and the cases of cession restriction established by law. The author analyses the judicial practice of commercial courts and courts of general jurisdiction. It is stressed that the current legislation does not contain ...
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 ...
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 ...
Some aspects of John Rawls’s first principle of justice
... 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 vagueness of the list of key rights and freedoms and the value criterion for ranking them) and of the methods used by Rawls to overcome them in the works published after the acclaimed book A theory of Justice. The author addresses the problem of the correlation between freedom and ...
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 ...
“Am I a trembling creature, or do I have the right”. Legal capacity in the election procedure
... the election legislation, including the differentiation between individual and collective rightsholders. The author considers the issue of inclusion of the power of citizens to participate in establishing the election results into the core of voting rights. The thesis about the peremptory nature of right to the judicial protection of voters is proved and the one about the influence of the electoral system type on the deprivation of voters’ rights is disproved.
1. Собрание законодательства ...
Paradoxes of Legal Procedure in Mr. K’s Complaint to the Constitutional Court of the Russian Federation on the Defense of Pension Rights of a Serviceman
The author studies some specific legal paradoxes in the implementation of the legislation on status of militaries in the concrete case of the military pensioner K. who served relevant period but did not get the right to obtain pension. The application to The Constitutional Court of Russian Federation and some aspects of the judgment of the Court are analyzed.
1. Конституция Российской Федерации (принята всенародным ...
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.
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 ...
Kant between liberalism and conservatism
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 ...
Kistyakovsky on the nature of law
... consciousness and behavior. However, law is also a fact of social life. In effect, law is exercised through legal relations and, therefore, an important role is played by the understanding of subjective law. Legal relations are realized through personal rights and legal responsibilities; they are concrete, singular, and individual.
1. Белов В. Н. Проблема рационального и иррационального в русском неокантианстве // Духовный континент ...
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 on the rights of citizens in matters of religion: The concept of religious tolerance in the German Enlightenment
The universal public law is a section of Kant’s lectures on natural right, which he delivered in 1784. A traditional part of the then natural right compendia, it might seem strange to us today. Kant distinguished between three branches of government. However, they were not identical in the name or function to the executive,...
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 ...
Regional models of self-government in the non-German right cities of the Grand Duchy of Lithuania in the 16th — 17th centuries
The author considers the problem of regional self-government model functioning in the cities where the German right had not been introduced. The article analyses the systems of self-government in Vitebsk, Pinsk, Mogilev, Orsha and other settlements. The author introduced the notion of selfgovernment regulations, examines the functions of main government institutions ...
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 ...
On the protection of the right of disabled people to transportation services
It is of the utmost importance to ensure equal access of people with various disabilities to transport. This article examines the rights of disabled people associated with the use of vehicles as well as the main problems pertaining to it. The author considers legal practices and the existing provisions for ensuring access to transport and suggests possible comprehensive solutions ...
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 ...
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 right to freedom: Outline of a democratic morality
Honneth A. (A. J. Shachina, S. V. Shachin)
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 ...
Territorial differences in the attitudes to the migration crisis in Germany: The political aspect
... based on the level of support for this party from the local population and on other measures of the migration situation and socioeconomic development. The authors identify northeastern regions with a high probability of popular support for the extreme right views on the migration crisis and northern and southwestern states that are most and least susceptible to the extreme right influence.
1. Sommerpressekonferenz von Bundeskanzlerin Merkel. Thema: Aktuelle Themen der Innen- und Außenpolitik, 2015,...
The notarial institution and protection of the Internet users’ rights: Relevant issues
This article considers relevant issues of protecting the Internet users’ rights in terms of notarial perpetuation of evidence and the prospects of its development. The author formulates proposals regarding legislation improvement
1. Гражданский процессуальный кодекс Российской Федерации ...
A triune community: Fichte’s family law against the background of Kant’s practical philosophy (II)
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 second part of the study considers Fichte's theory of marriage law as compared to Kant’s legal doctrine....
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 Notion of Free Will in Sergey Hessen’s Conception of Culture
... Socialism (Evolution of Liberalism). Sovremennye zapiski / Annales contemporaines, 22, pp. 257-293; 23, pp. 313-342; 27, pp. 382-430; 28, pp. 299-345; 29, pp. 308-342; 30, pp. 380-409; 31, pp. 328-358. (In Russ.)
Hessen, S. I., 1932. The Idea of Social Right. Sovremennye zapiski / Annales Contemporaines, 49, pp. 421-435.
Hessen, S. I., 1935. True about Democracy. Sovremennye zapiski / Annales Contemporaines, 58, pp. 361-377. (In Russ.)
Hessen, S. I., 1948. The Rights of Man in Liberalism, Socialism ...
Kant and the Problem of Revolution. A Report of the International Conference (Kaliningrad, 9—10 November 2017)
This report presents the features of the organisation and the main ideas of the international scientific conference “‘No Right of Sedition’. Kant and the Problem of Revolution in the 18th—21st Century Philosophy.” The conference was held at the Immanuel Kant Baltic Federal University (IKBFU) in Kaliningrad on November 9—10, 2017 and was dedicated to the 100th anniversary ...
Тhe legal state over time: the nature and the main approaches to the definition
... 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 the individual rights and freedoms.
1. Алексеев Р. А. Эволюция концепции правового государства в истории политико-правовой мысли // Вестник МГОУ. Сер. История и политические ...
Georges Gurvitch and Sergey Hessen on the Possibility of Forming Social Unity
... by K. A. Ziegert, 2017. New York: Routledge.
Gergilov, R. E., 2005. Law as a Social Control: George Gurvitch’s Conception. Journal of Sociology and Social Anthropology, 8(3), pp. 71-78. (In Rus.)
Gurvitch, G., 1918. Rousseau and the Declaration of Rights: The Idea of the Inalienable Rights of an Individual in the Political Doctrine of Rousseau. Petrograd: Wolf Printing House. (In Rus.).
Gurvitch, G., 1924. The Ideology of Socialism in the Light of Recent German Literature. Sovremennye zapiski / ...
The ‘hybrid model’ of Norway’s ethnic policy in its northern counties: a key to stable interethnic relations
... operational in Norway. There are sporadic expressions of nationalism and voluntary segregation. We conclude that, despite a unified approach to ethnic policy and despite Norway’s political and legal achievements in the protection of indigenous peoples’ rights, the country’s government carries out a differentiated ‘hybrid’ ethnic policy towards ethnic groups living on its territory. The growing infighting between the right and the left parties in the Storting translates into unpopular and spur-of-the-moment ...
The Second Immanuel Kant International Summer School: Kant’s Doctrines of Right, Law, and Freedom
: advanced bachelor students, master students, PhD students, postdocs (with PhD received not before 2016).
: 29 July — 5 August 2018
Features of the implementation of the ACCESS international project in the Kaliningrad region based on the principles of inclusive education
... подход на службе специального образования // Педагогика. 2013. № 6. С. 89—94.
4. The National Council for Special Education. URL: http://ncse.ie/history (дата обращения: 13.09.2014).
5. Human Rights Education in the School Systems of Europe, Central Asia and North America: A Compendium of Good Practice / Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR, Poland Council of Europe, OSCE/ODIHR, UNESCO, OHCHR 2009....
Kant’s way to the perpetual peace in the XXIst century
... book Für den Frieden, in which the author scrutinises the basic principles of the Japanese constitution with the help of the works of Erasmus of Rotterdam, Kant, and Salomo Friedländer. The article develops the following theses: the human being has a right to pin their hopes on the future; the task of establishing perpetual peace rests with the human being themselves; as a result, everything depends on the development of personality, since it is that acts in the real world as an agent of freedom and ...
Trial by jury as a guarantee of the human right to a fair trial
... с пятилетием со дня его принятия и введения в действие): сб. ст. и матер. /отв. ред. А.
Е. Лебедев, Е.
Б. Мизулина. М., 2007.
Landau I. L.
jury trial, human rights, just and fair trial
A triune community: Fichte’s family law against the background of Kant’s practical philosophy (I)
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”,...
Kant’s Perpetual Peace Project and the Project of the European Union
... united for the purpose of securing peace, and in some respects went even further. The process of European integration has transformed Europe’s regional buildup from the arena of regular war conflicts into the society of peace, prosperity, liberty and right. It is obvious that it its development the EU will undergo difficulties and crises. However, the general direction, chosen by the union of European states, aiming at the development of rights and liberties, at good-will and cooperation between individuals,...
The antinomy of political reason. Some deliberations on Kant’s “Answer-ing the Question: What is Enlightenment?”
... consciousness. Kant’s view that the key discourse for social development consists in a comprehensive critique of social reality by a citizen capable of self-determination is considered against the background of Rousseau’s ideas, who defended the right of people to revolution. The reconstruction of Kant’s position is followed by a discussion of possible theoretical problems relating to the implementation of this project. It isstressed that the project can function only when the interests of ...
Kant und das Recht der Lüge
The author analyses the Enlightenment's principle of justifying lie from altruistic motives, which was criticised by Kant in the article "On a supposed right..." The article considers the advantages and disadvantages of arguments drawn in Kant's work. The author proves and specifies the admissibility of lie due to ethical and legal principles put forward by Kant in other publications and lectures,...