On the development of the concept of ‘subject of law
... реальности: новая парадигма юридического мышления // Право в современном белорусском обществе : сб. науч. тр. Минск, 2011. Вып. 6. С. 98—110.
subject of law, subject of legal relationship, precepts of law, legal personality.
On the role of religion in N. N. Alekseev’s axiological model of law
This paper is devoted to investigation of destination of religion in the process of forming of the concept of law in determined cultural circumstances. This study is actualizes the essential link between comprehension of content of domain of law and concept of subjectivity. Nikolay Alexeev overcomes concept of subjectivity represented in philosophy of early modern period of European history, (primarily in the rationalistic tradition of Rene Descartes). The crucial significant in his concept of law is got neo-kantian ...
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 ...
Correlation of the notions of the subject of law and the transcendental subject in the theory of law
... мира : автореф. дис. … канд. филос. наук. М., 2008.
7. Честнов И. Л. Что есть право? // Правоведение. 2013. № 3. С. 229—237.
Poskachina M. N.
transcendental phenomenology, theory of law, subject of law
The communication of persons: Kant’s theory of marriage law held captive by pagan anthropology
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 as an interpersonal relation in an external form of real possession, in the aspect of the objective and subjective goal of such relation, but primarily in the aspect of its legal and ethical possibility. Given the naturalistic interpretation ...
Public law entities and the theory of the subjects of law
13. Чиркин В. Е. Публично-правовое образование. М., 2011.
14. Чиркин В. Е. Юридическое лицо публичного права. М., 2009.
Borisov A. М.
abstraction, public law entity, subject of law, legal entity, legal fiction
Organization of passenger transport: сivil law regulations
... examines the main problems of regulating public relations in the organization of automobile passenger transport as well as contractual obligations of parties ensuring the performance of passenger transportation services within the framework of the civil law. The organization of automobile passenger transportation is described in the subject matter of the service contract. The author concludes that there is a need for further specification of the subject of contracts on the organization of automobile passenger transport.
1. Об организации регулярных перевозок ...
Affection of Law: Fichte on the Place and Boundaries of Pure Ethics of the Imperative
... and higher moral doctrine. I examine the substance of these critical arguments in the context of his later metaphysics. Fichte maintains that in the “second type” of worldview man himself feels and understands, respects and loves himself only as a subject of unconditional law, therefore the pathos and “affection of law” pervades all his assessments and motivations. This affects the impartiality of moral assessment if the requirements of the law are diverged from. The “man of law”, the Stoic and Kantian who is not ...
Kistyakovsky on the nature of law
... Legal rules are an expression of the normal (typical) human 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 ...
Feyerabend’s Natural Law Notes and their significance for Kant studies. Preface
... the moral law, but also actually want do it? As in his published writings Kant concludes in the Introduction of Natural Law Notes that human will itself can not be in complete agreement with the moral law, because objective motive (that is the moral law alone) for this will isn’t identical with subjective ones (that are maxims of action). That is why it must be forced to follow the moral law and its commandments are for it imperatives. But in order not to distort autonomy of will, this force should come from the will itself. Such a force according to Kant is possible, if the ...
Kant’s lectures on natural law: Justice and conscientiousness
... 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 between Billigkeit and Gerechtigkeit. If Gerechtigkeit relates to external deeds subject to legal regulation and external enforcement, Billigkeit relates to tacit intentions and dispositions that cannot be controlled from the outside. This supports the thesis about the difference between ethics and law and the need for a more accurate ...
Spiritual foundations of law
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, the article addresses the moral aspect of legal relationship.
1. Большая ...
The ethical and philosophical antinomy of foundations of Kant’s theory of family law
... 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. М., 1965. Т. 4, ч. 2.
2. Кант И. Основоположение к метафизике нравов // Соч. : в 4 т. на нем. и рус. яз. М., 1997. ...
Aesthetics in the system of Paul Natorp’s philosophy
... the psychological bases of subjectivity of consciousness aimed at understanding the patterns of the scientific, moral, and artistic cognition. In the context of history of transcendentalism, art is perceived as a form of spiritualcreativity that is subject to its own generating laws of cultural creation. It is emphasised that, in P. Natorp’s system, the aesthetic has its own creative dynamics based on the feelings of the individual immediately connected with the aesthetic experience: it is only in the field of the aesthetic that ...
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 ... ... to his or her greatness. Moreover, the section covers the problem of the rights and obligations of the monarch and his or her subjects in religious matters. This problem was crucial to the Enlightenment. Kant’s deliberations on the issue include a long ...
The flow form of economic matter movement and the concept of levels
... concepts, in which the knowledge accumulated by it is concentrated. The methodology of economic logistics is a general theoretical approach to studying material and related... ... reality within a certain philosophical framework. As science, logistics applies the laws of organization of elements into a functional whole as a result of the practices... ...
flow form of economic matter movement, logistics typology, concept of levels, the subjective and objective ratio, differences in forms and types of material streams,...
The justification of legal punishment in Kant’s philosophy
The subject matter of the article is the problem of justification of punishment within Kant’s practical philosophy. Modern interpretations tend ... ... И. Айхенвальда. М., 1992.
8. Bahnam G. Kants’s Practical Philosophy. Palgrave Macmillan, 2003.
9. Gregor M. Laws of Freedom. Oxford, 1963.
10. Hill Th. E. Punishment, Conscience and Moral Worth // Kant’s Metaphysics of Morals: Interpretative ...
Kants Begriff der Verbindlichkeit und die neuzeitliche Naturrechtslehre
... 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 has no need to found the validity of obligation of natural law in God's will. Instead he developed a concept which was based on the idea of a free self-binding moral subject. Therefore, Wolff's Philosophy has a great impact on Kant's own moral philosophy and especially on his concept of obligation. I will conclude by showing to what extent Kant was going beyond the early modern concept of the natural law tradition....
Kategorische Rechtsprinzipien in Zeiten der Postmoderne. Interview mit Prof. Dr Otfried Höffe
... 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, he often appeals to Kantian philosophy. In the interview, Prof. Dr. О. Höffe refers to such famous German Neo-Kantian philosophers of law as R. Stammler and G. Radbruch. He also mentions J. Rawls and J. Habermas — self-confessed adherents of the Kantian tradition ...
The concepts of citizenship and estate in Russian history — continuity and / or intermittence
The author studied the development of the concept “people” in contemporary history taking into account its possible ... ... "citizen" in Russia became evident in the 18th century. Then a citizen and a subject tended to be used either as synonyms or “citizens” were understood as a... ... v Rossii pervoi poloviny XVIII veka. Ocherki istorii obshchestvennogo soznaniya [“Law” and “citizen” in Russia in the first half of the 18th century. Essays on...
The subjects of legal monitoring of Justice of the Peace
The article focuses on the analysis of information of the Russian and Western travelers to Central Asia in the 18th — beginning of the 20th centuries on state and law of that region. The goal is a substantiation of the travelers’ notes value as historical evidence of state and law of the Central Asia which allows to study actual relations in administration and legal regulation. The author applies some basic research ...
Kant on evil in the human nature
This article focuses on the analysis of the problem of evil in Kant’s works. The author attempts at reconstructing the ... ... ‘nature’. It is emphasised that Kant understands ‘human nature’ as mere “subjective grounds” of the exercise of freedom. Further, the author analyses the factors... ... 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...
Time in Sergey Trubetskoy’s and Boris Chicherin’s metaphysical concepts: A discussion on Kant
... controversy between Sergey Trubetskoy and Boris Chicherin, which followed the publication of Trubetskoy’s monograph the Foundations of Idealism. This analysis focuses on the... ... to classical metaphysical traditions, Trubetskoy placed emphasis on the role of the subject, stressing that ‘there is no object (phenomenon) beyond the perceiving subject’... ... Trubetskoy argued that the purpose of metaphysics was not to search for and formulate the laws of nature but rather to uncover new levels of the understanding of the interaction...
Family ethics and philosophy of love in Kant’s Lectures on Ethics
This article considers Kant’s deliberations on the essence and varieties of human love, based on the Lectures on Ethics. Kant distinguished between the love of benevolence (ethical love) — a commitment ... ... 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 deduction ...
Taking Detours through the “Transcendental Dialectic”. The Principles of Homogeneity, Specification, and Continuity
Engelhard, K., 2005. Das Einfache und die Materie. Untersuchungen zu Kants Antinomie der Teilung. Berlin & New York: De Gruyter.
Ginsborg, H., 2017. Why must we presuppose the Systematicity of Nature? In: M. Massimi, A. Breitenbach, eds. 2017. Kant and the Laws of Nature. Cambridge: University Press, pp. 71-88.
Goldman, A., 2012. Kant and the Subject of Critique. On the Regulative Role of the Psychological Idea. Bloomington: University Press.
Goy, I., 2015. Spezifikation. In: M. Willaschek, J. Stolzenberg, G. Mohr, S. Bacin, eds. 2015. Kant-Lexikon, Berlin & Boston: De Gruyter, pp. 2146-2147....
Geography and economy of the Kaliningrad region: limitations and prospects of development
With its exclave status, the Kaliningrad region has been drawing attention of many researchers in different fields. Yet the prospects for cooperation between the ... ... conclude that the reasons behind the delapidated cross-border relations are rather subjective and lie in the field of geopolitical orientation, information and institutional... ... podpisal zakon o dopgarantijah rezidentam OEZ v Kaliningradskoj obl. [V. Putin signed a law on dopgarantiyah SEZ residents of the Kaliningrad region], 2013, 24 July, RBK- RosBiznesKonsalting...
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 for the Protection of Human ... ...
Paper on international investment Number 2004/4, Indirect Expropriation and the «Right to Regulate» in International Law.
Indirect Expropriations: new Developments// New York University Enviroment Law Journal. 2002. Vol. 11....
The legal regime of property of religious nature: The canonical aspect
... собственности [Электронный ресурс] : федер. закон от 30 нояб. 2010 г. № 327-ФЗ. Доступ из справ.-правовой системы «Гарант».
church property, church property law, legal regulation, object, subject, legal regime of church property
Another Critical Idealism of Hermann Cohen
This article attempts to answer the question as to why one should study Cohen. The author’s first and preliminary answer is that the study of Hermann Cohen’s thought is relevant to contemporary philosophy due to at least five reasons: (1) Cohen’s improvement of critical idealism of subject through replacing it with the idealism of ideas; (2) the exposition of thought as the ethics of law; (3) the development of the notion of anticipation as the principle of time, history, and interpretation; (4) the exposition of critical idealism as a form of idealism that is not violent, totalitarian or reductive, but rather is an idealism aimed ...
The system-building role of the thing-in-itself in Kant's philosophy
All three meanings of the notion "thing-initself" (object, subject and the transition between them), despite the evident opposition, constitutes the object of the central problem of philosophy ... ... polysemanticism of notions, central problem of philosophy, subjectobjeсt relation, agnosticism, cognition, humanism, moral law.
Zhuchkov Vladimir A.
Knowing humanity without knowing the human being: The structure of polemic in Kant’s political argumentation
... 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 ... ... 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 agreeing with the ...
The role of logic and the study of rationality within N. O. Lossky’s ideal-realistic concept
... целое // Избранное. М., 1991.
7. Лосский Н. О. Обоснование интуитивизма // Лосский Н. О. Избранное. М.,1991.
Popova V. S.
logic, rationality, N. O. Lossky, intuitionism, ideal-realism, laws of logic, analytic and synthetic statements propositions, singular and general propositions,subject and predicate, hypothesis and conclusion, logical connection.
The Role of the Sublime in Kant’s Religion: Moral Motivation and Empirical Possibility
... a maximum of morality that can ground our moral disposition and in so doing acts as a standard for morality. More precisely, the following argument is made: 1) the sublime nature of the image of Christ — as an image of universal respect for the law — awakens the moral feeling of subjects in the sense of the possibility of overcoming one’s perverted nature; 2) as moral perfection it provides immediate transparency to the end goal of morality; 3) just as in the case of associative construction of empirical concepts, the sublime ...
Human Resource Efficiency as a Development Factor for the Kaliningrad Economy
Various studies of economic and geographical relations in Russian regions often overemphasise the role ... ... janvarja 1996 g. №13-FZ [On the Special Economic Zone in the Kaliningrad Region: Federal Law of January 22, 1996 №13-FZ], 1996, Rossiyskaya Gazeta, 30 January.
11. Ob Osoboj... .... 2014, The concept of geo-demographic situation and geodemographic typology of the subjects of the Russian Federation. In: Shimańska, D. and Środa-Muravska, (ed.) Bulletin...
Processes of convergence and divergence in the regions of the European Union: features and qualimetry
A higher level of unity and cohesion across the European Union member states is an important aspect of European integration though it has a rather ambiguous nature. The Law on the Common Market, which aims to increase the economic efficiency of the EU, became a subject of extensive discussions among researchers suggesting that its viability at the political and socio-economic levels depends on a fair distribution of gains among the countries and regions of the Community. These discussions resulted in a considerable ...
Kant, Königsberg, and the Albertina. Excerpts from the letters of a Polish student
... from different parts of Eastern and Central Europe.At the Albertina, as in today’s German universities, students had an opportunity to choose courses from the list announced at the beginning of each semester. Swiecicki was enrolled in the Faculty of Law and he put a lot of effort to receive the degree. However, he was much more enthusiastic about subjects taught at the Faculty of Philosophy.Immanuel Kant was no longer teaching at the university by that time. However, Swiecicki regularly attended Christian Jacob Kraus’s lectures on moral philosophy based on Kant’s “Tugendlehre”, political ...
Immanuel Kant on the features of morality and its role in the system of morals
The subject of this article is discussed with the help of an excursus into the history of morals and the perception of Kant's teaching on ... ... Aesthetical Essays. Project Gutenberg Ebook.
normative relationships, ethics, Copernican revolution, system of customs, moral, law, features and formulae of moral relationships
Kalinnikov Leonard A.
The Philosophy of Vasily Sesemann and Marburg Neo-Kantianism
This article considers the ideas of the Russian Neo-Kantianist Vasily Sesemann (1884—1963) in comparison with the idealism ... ... Frank S. L. 1995, Predmiet znanija. Ob osnovah i predelah otvlechennogo znanija [The subject knowledge. On the principles and the limits of abstract knowledge] // Frank... ... pod red. B. Szotek, A. J. Norasa [Philosophy and the past tense. To Professor Czes¬law Glombk at his 70. anniversary of the birth]. Katowice, 2005, p. 97—108.
Introducing Sectoral Models into Regional Management: An Assessment of Regulatory Impacts on the Economy
Regardless of the geography of regions, management at the regional level, both in Russia and the ... ... 2013, On the issue of definition and methods of state administration in administrative law, Administrativnoe i munitsipal'noe pravo [Administrative Law and Administration... ... 2016, p. 518—520.
31. Klemeshev, A. P., Fedorov, G. M., Manakov, A. G. 2015, Baltic subjects of the Russian Federation among border regions of Russia, International Journal...
The problem of meaning in Social Semiotics: Max Weber today
A human activity is based on the constant creation, transmission and transformation of meanings and texts. All the forms of representation of this activity (culture, history, literature, art, politics, law, etc.) can be considered as semantic ensembles consisted from meaningful actions. The concept of “meaning” is fundamental ... ... York: Routlegde.
Searle, J., 1995. The construction of social reality. New York.
Sense, social semiotics, Weber, behavior, subjective and objective meanings
Zolyan S. T.
Forensic aspects of criminal process participants using mediation procedures: The role of the situational approach
This article stresses that the reconciliation of the parties in criminal proceedings with the participation of a mediator is an important ... ... The author considers the forensic aspects of using mediation procedures, classifies subjects of mediation, and describes the role of the situational approach. Special attention... ... 52—53.
17. Fontes Historiae Juris Gentium: Sources Relating to the History of the Law of Nations / ed. by W. G. Grewe. Berlin ; N. Y., 1995.
Social Facilitation: the Kaliningrad Region and Russian Mainland Regions
The authors look at the concept of social facilitation as a possible component of Russian social consolidation in the ... ... elements of competence and a structured interview aimed at a better understanding of the subject of the study and attitudes towards it. The data is compared against the results... ... Collective Rights, and Self-Threatening Theory. University of Saskatchewan College of Law. September 15, 2012. Oxford Journal of Legal Studies, Issue 1, 2013.
Hybrid texts as a form of interaction between avant-garde artistic and political discourses
This paper explores hybrid texts as a special type of text that forms within ‘inter-discourse interaction’ and relates to the ‘convergence ... ... logic of meaning]. Moscow (in Russ.).
Dem'yankov, V. Z., 2002. Political discourse as a subject of political philology. Politicheskaya nauka. Politicheskiy diskurs: Istoriya... ... Manifestos, and the Avant-gardes. Princeton.
Saunders, D., 2002. Literacy and the Common Law. A Polytechnical Approach to the History of Writings of the Law. Available at: ...
The Development of a Criminalistics Theory in Russia and the United States: A Comparative Analysis
Drawing on a comparative analysis of current research and academic literature published in Russia and the United States,... .... I give a detailed account of Russian and US scholars’ approaches to the nature, subject, and object of criminalistics and provide an overview of the history of the... ... discipline. I address the relationship between criminalistics and criminal procedure law. In considering the methodological framework for criminalistics, I focus on the...
The system approach to modernisation and innovative regional development: strategic objectives
Russia must follow the path of modernisation and innovative development. The analysis conducted shows the absence of laws, strategies and uniform terminology regarding modernization and innovations. The author examines the factors affecting the ... ... strategicheskogo celepolaganija regiona kak subekta razvitija [Forming strategic goal-setting and modeling of the region as a subject of development], Trudy IV Vserossijskogo simpoziuma po jekonomicheskoj teorii [Proceedings of the IV All-Russian Symposium ...
The concept of postulate in Kant's philosophy
Postulates play an important role in Kant’s philosophy. Kant’s understanding of this term differs from the previous tradition. For Kant, postulates are originally subjective propositions necessarily supposed as objective ones. Otherwise, the systematic theoretical cognition and compliance with the moral law become impossible. However, this feature of Kant’s word usage is hardly taken into consideration. That is why Kant is wrongly accused of atheism.
1. Аристотель. Вторая аналитика // Собр. соч.: в 4 т. / под ред. З. Н. Микеладзе. М., 1978....
Investigation of Criminal Cases Done in the Field of Circulation of Digital Financial Assets
... main result of scientific research is the development of a methodology for investigating crimes in which crypto assets are the subject of a criminal attack.
1. Борисов М. Б., Заводцев И. В. Проблемы совершенствования ... ... международная юстиция. 2018. № 1. С. 29—32.
17. The Blockchain Litigation Database (BLD) Opens Up a New Tech Focus for Law // BeInCrypto. URL:
base-bld-opens-up-a-new-tech-focus-for-law (дата ...
Legal Consciousness at the Early Stage of Personality Development from the Perspective of Russian Neo-Kantian Philosophy of Pedagogy
... namely P. Natorp, S. I. Hessen, M. M. Rubinstein. In order to identify the peculiarities of the approaches of the Neo-Kantians to legal consciousness in children, I show that... ... conclusion, I address Hessen’s and Rubinstein’s understandings of the phenomena of law and legal consciousness, which determined their definitions of legal consciousness... ... [On Meaning of Life. Volume 1: Works on Philosophy of Value, Theory of Education and Subject of University], edited by N. V. Plotnikov, K. V. Faradzhev, Moscow : Territoriya...
Moral inscrutability and self-constitution in Kant (translated from the English by V. Belonogova and D. Khizanishvili, edited by V. Chaly)
This article analyses the system of inferences used by Kant in Religion Within the Boundaries of Mere Reason to demonstrate ... ... Kant's Moral Philosophy. Cambridge University Press.9. Guyer, P., 2000. Kant on Freedom, Law, and Happiness. Cambridge University Press.10. Henrich, D., 1994. The Concept of... ... University Press.18. Mill, J. S., 2002. The Basic Writings of J. S. Mill: On Liberty, the Subjection of Women, & Utilitarianism. New York: The Modern Library.19. Morgan, S.,...
The political debate on the change of the Constitution of the Republic of Poland after the parliamentary elections of 2015
In 1997, the Constitution of the Republic of Poland was adopted. Since then, constitutional disputes have continued ... ... Poland. This initiated a political debate on constitutional matters. They are the subject of the article. Moreover, the most important current constitutional dilemmas... ... Constitution of the Republic of Poland of 1997 and the need to pass a completely new basic law.
1. Ustawa Konstytucyjna z 2 kwietnia 1997 r. Dz. U. RP 1997. No 78, poz. 483...