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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 in solving the problem of moral philosophy. The essence of morals is revealed not in the creation of ideal projects but rather in the need for ...

... on European Contract Law, available at: http://frontpage.cbs.dk/law/commission_on_european_contract_law/ (accessed 01 December 2010). 23. Proposal for a Council Regulation Amending Regulation (EC) No 2201/2003 as Regards Jurisdiction and Introducing Rules Concerning Applicable Law in Matrimonial Matters. Brussels 17 July 2006, 2006, COM, 399 final.2006/0135 (CNS). 24. Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession, 2009, COM, 154 final. ...

This article considers the practice of justification of arbitrary use of 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 ... ... formulation of conditions for admissible violence can be used for its justification, since exceptions come hand in hand with rules. This article considers the advantages and disadvantages of the concept of “responsibility to protect”, which proves ...

... 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 ...

... 2016. Back to Kant, or Forward to Enlightenment: The Particularities and Issues of Russian Neo-Kantianism. Russian Studies in Philosophy, 54(5), pp. 378-394. https://doi.org/10.1080/10611967.2016.1290414 . Duguit, L., 1921. Objective Law. II. Columbia Law Review, 21(1), pp. 17-34. Durkheim, E., 1982. The Rules of Sociological Method. In: E. Durkheim, 1982. The Rules of Sociological Method: And Selected Texts on Sociology and its Method. New York, London et al.: Free Press, pp. 1-163. Durkheim, E., 2013. Division of Labour in Society. 2nd Edition. Edited and ...

The paper analyzes Kant’s philosophy of matrimonial law. It focuses on the idea of this law as “possession of a person as a thing and its use as a person”: Kant conceives marriage ... ... dignity, because it seems to lead to a mutual instrumentalization of persons; as a matter of fact, Kant's deduction of marriage rules out the possibility of mutual personal obligations of family members. The naturalistic premise of Kant's family law, provenient ...

The analysis of existing rule of International humanitarian law governing the cases of use of human shields by the parties of armed conflict justifies the conclusion that these persons are a sui generis case and should be regarded as an exception to a number of general rules. As a result, they should not be classified ...

... Windelband's distinction between the due and the existing as a convenient methodological technique for understanding features of social phenomena. The article considers the context of Windelband’s philosophy in Alekseev’s interpretation of the role of the rule in philosophy of law. It is shown that Alekseev employs the distinction between the a priori and empirical, suggested by the theory of values, in his philosophy. Values are identified as a basis for the development of law and morals in Alekseev’s philosophy. Comparing ...

This article is devoted to the correlation between liberal and socialist ideas in the social and philosophical conception of the prominent methodologist of social sciences and a Neo-Kantian legal theorist Bogdan Kistyakovsky. The author stresses the ... ... 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 ...

... 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. 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: ...

The problem if interaction between the international financial law (IFL) and the EU law has become particularly vital in this integrational entity ... ... legal system was created. It has been developing until now and carries the features of the both international and municipal law. Global financial crisis and subsequent... ... Although international agreements form an integral part of the EU legal order, the rules of their interpretation differ from the primary and secondary EU legislation....

... transdisciplinary approach, i. e. extrapolating methodologies from across disciplines to the theory of law. We propose to extrapolate to jurisprudence the principles of uncertainty, which implies that a legal rule cannot deal with both elements of moral law and rules of conduct. I conclude that developing a single framework for the understanding of law by converging methodologies from across disciplines will help to identify new facets of law. 1. Алексеев И. С. Концепция дополнительности....

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. А. К вопросу о развитии отечественной концепции источников гражданского права ...

... dialectic method of cognition, the methods of analysis and synthesis, and formally logical, historical legal and comparative legal methods. 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 the individual rights and freedoms. 1. Алексеев Р. А. Эволюция концепции правового государства ...

The article considers the first of the two principles of justice proposed by the American philosopher John Rawls as ... ... was declared by Rawls, is debatable. Disparate variations of the relative priority rule seem more convincing. The author gives a generally positive assessment of the improved... ... relations in the neo-Kantian philosophy], in: Pravo i gosudarstvo: teorija i praktika [Law and State: Theory and Practice]. No. 10. Pp. 112—121. 7. Frolova, Е. А. 2011...

This article concerns the harmonisation of international private law rules regarding the form of will. The author analyses universal and regional contracts in this field, bilateral agreements on assistance in civil, family, and criminal cases. The article offers conclusions of the features of current development of international ...

The author analyzes the place and role of parliament in today's trans­forming society and investigates the causes of the crisis of parliamentarism, the confrontation ... ... elaborating legal acts regulating many spheres at large. The author has reviewed the role of the parliament reg­ulations and rules of procedure in the activities of parliament. It is proposed to to move away from the practice of speedy adoption of laws and to introduce expert support and evaluation of the legislative process in parliament as mandatory elements of the legislative ...

This article examines the sources of judicial discretion under Russian law. Based on a legislation analysis, the author identifies and classifies legal rules granting judges discretionary powers and defines the role of such rules in the administration of law by judges. The discretionary power of judges is considered in terms of compliance with the constitutional rights of citizens. 1. Абушенко Д. Б. Судебное усмотрение в гражданском и арбитражном процессе....

The Declaration of the Heads of State and Government of June 29, 2012 was the birth of the European Banking Union. It demonstrated considerable ... ... European Parliament and of the Council Text with EEA relevance // Official Journal. 2014. L 173. P. 190—348. 9. Hirsch W. Law and Economics. Academic Press, 1999. 10. Lautenschläger S. The European banking sector — growing together and growing apart....

This article focuses on the analysis of the problem of evil in Kant’s works. The author attempts at reconstructing the ... ... analysed. Further, the article considers Kant’s definition of evil as a deviation of rules regulating the actions of a human being from their principle of morality. The... ... provisions of such legislation is the possibility of transforming them into a universal law, is possible only under the condition that the notion of freedom as relating to...

... 1924 as a pretext, Sergey Hessen, a Russian émigré neo­Kantian, draws no direct political conclusions but sets forth a view of the great philosopher’s legacy from the position of a “legal socialist”, selecting from his heritage those parts of German ... ... ucheniyakh o prave i gosudarstve: Dva tipicheskih postroeniya v 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,...

... Godunov occupies a unique place in A. S. Pushkin’s oeuvre. It was a turning point, when the author needed the whole power of his poetical genius, when a work beyond traditional literary and aesthetic styles, which interchange and establish a canon ... ... but he also read Kant’s works on epistemological theory. In his tragedy, Pushkin was guided by Kant’s ideas of state and law and strived to make it obvious that the people is the only monarch and source of political and legislative power. The tragedy ...

Despite the popularity of many of Kant’s ethical notions, such as autonomy, dignity and respect for persons,... ... argue that Kant’s preferred procedure is actually the way we develop new ethical rules during the recent Coronavirus pandemic. In order to demonstrate this, I shall... ... Hruschka, J., 1992. Universalization and Related Principles. Archives for Philosophy of Law and Social Philosophy, 78, pp. 289-300. Kant, I., 1992. M. Immanuel Kant’s Announcement...

This article examines the legal aspects of the prospective visa free regime between Russia and the European Union,as well as the implementation of local border traffic ... ... September 2010). 9. Regulation (EC) N 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention,...

... for enjoyment’) rather than formal considerations (an allegedly unequal contract). The moral contradiction of mutual objectification and instrumentalisation of free persons in matrimony is on the surface of Kant’s deduction. The moral prohibition of instrumentalisation rules out family ethics and family law. However, the root of all evil is not solely this circumstance. A morally illegitimate union of concubinage is formed to attain the subjective ends of a hedonistic individual and it does not contradict the ends of the human race. Therefore, such a ...

... matters. 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 ...

In this article, I consider the legal aspects of the EU policy on the integration of immigrants into the host society. The current EU basic law does not give the Union the power to issue legislative acts aimed at harmonizing national rules for the integration of immigrants. However, in the aftermath of the migrant crisis in Europe, this problem has been receiving increased attention. I systematize legal instruments for immigrant integration, analyse the conditions of the system formation, emphasize trends ...

... Kant’s "Critique of Pure Reason". 2 nd ed. N. Y., 1962. 10. Melnick A. Kant’s Analogies of Experience. Chicago; L., 1973. 11. Rohs P. Transzendentale Logik. Meisenheim am Glan, 1976. 12. Stuhlmann-Laeisz R. Kants Logik. B.; N. Y., 1976. rules and laws of transcendental logic, schema, the axioms of intuition, anticipations of perception, analogies of experience, postulates of empirical thought Semyonov V. Ye. 18-32 10.5922/0207-6918-2011-3-2

... consequences for the EU, as well as third countries, including Russia. 1. Braun, J. 2011, EU Energy Policy under the Treaty of Lisbon Rules: Between a new policy and business as usual, available at: http://www. academia.edu/1376523/The_EU_2020_Energy_Initiative_The_post-Lisbon_pattern_of_change_in_EU_energy_policy (accessed 17 January 2013). 2. Danwitz, T. 2006, Regulation and liberalization of the European electricity market — a German view, Energy law journal, Vol. 27:423, July 1, available at: 2006//http://www. felj. org/docs/423—450.pdf (accessed 17 January 2013). 3....

... idea that a necessary condition for a dispute about truth amounts not to the carriers of non-ideal logical thought, but to a variety of approaches to reconstructing the logical... ... embodied his idea of the impossibility of denying the nec­essary nature of logical laws in the acquisition of truth, in the context of the remarkable diver­sity of formal... ... of mathema­tical logic]. Moscow (in Russ.). Wason, P. C., 1968. Reasoning about a rule. Quarterly Journal of Experimental Psy­chology , 20 (3), pp. 273—281. Wittgenstein...

The relevance of the presented study lies in the active process of reform­ing domestic civil legislation, and in particular, the rules of insurance. A number of proposals for changing the current legal regulation, formulated in the Concept for the Development ... ... Civil Code of the Russian Federation). The purpose of the study is to interpret, given the provisions of the doctrine of civil law, foreign legislation and law enforcement experience, the provisions of paragraph 1 of paragraph 2 of Article 934 of the Civil ...

... обращения: 02.03.2015). 10. Burret H. T., Schnellenbach J. Implementation of the Fiscal Compact in the Euro Area Member States. URL: http://www.sachverstaendigenrat-wirtschaft... ... Kocharov A. Another Legal Monster? An EUI debate on the fiscal compact treaty // EUI LAW. 2012. 09. URL: http://hdl.handle.net/1814/21496 (дата обращения: 02... ... budget deficit, government debt, European Union, obligation to implement balanced budget rule. 144-149

... his favourite philosophers (Saint-Pierre and Rousseau) against the ‘government’ and ‘lawyers’. Kant’s philosophy of law, which is believed to rest on a metaphysical foundation, is constructed using a minimum of anthropological premises, which is often viewed as a virtue. However, Kant’s political teaching is closely connected with ... ... anthropology, which is considered as another virtue. Justifying their actions with empirical observations, politicians violate legal rules. Thus, they are subject to the same propensities that they find so frightening in the population. The philosopher, although ...

This article focuses on the dialogue between the Russian Federation and the European Union based on “common values” (legal sphere and the rule of law), which form the framework for the EU-Russia “common spaces” — on the economy, freedom, security and justice, as well as in the field of research and education (including cultural aspects). The author analyses the current state of the EU-Russia ...

....org/external/pubs/ft/scr/2013/cr13317.pdf (дата обращения: 06.11.2023). 26. Sudan dissolves paramilitary RSF, abolishes its controversial law. URL: https://sudantribune.com/article276941/ (дата обращения: 06.11.2023). 27. Sudan unrest: What are the Rapid ... ... https://issafrica.org/iss-today/sudan-a-coup-laboratory (дата обращения: 13.11.2023). 29. Sudan’s Conflict in the Shadow of Coups and Military Rule. URL: https://carnegieendowment.org/sada/90382?utm_source=rssemail&utm_medium=email&mkt_tok=ODEzLVhZVS00MjIAAAGOBRD0gpv1MS_vXRGLXgXi8modm68-3kwzLGjvauEEaIfSnzFYJY68zVj9vRpTFp4gaaKFzwcIV8BCRYPgcy5DzKmanQqvvqDyC4zA5Y4 ...