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 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 ...
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 ...
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 ...
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.
Orlova K
subject of law, subject of legal relationship, precepts of law, legal personality.
99-103
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 ...
Public law entities and the theory of the subjects of law
... 67—68.
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
5-11
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....
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
5-9
Review of Recent Russian Studies of Hermann Cohen’s Philosophy
The review covers scholarly publications devoted to the philosophy of Hermann Cohen, the head of the Marburg School of NeoKantianism, written by Russ ... ... tradition, the concept of the philosophy of culture, the relationship between morality and law and many other issues. The review pays particular attention to the works on the... ... Progress-Traditsiya. (In Rus.)
Sokuler, Z. A., 2010. Ideas for a new Concept of the Subject in Hermann Cohen’s “Religion of Reason from the Sources of Judaism”. In:...
The Relationship Between the Individual and the Collective in the Social Philosophy of Georges Gurvitch
The relationship between the individual and society is the leitmotif of Georges Gurvitch’s work. Beginning from the early Russian-language books on the philosophy of law and ending with the works on sociology published in France and the USA at the final stage of his career, Gurvitch studied the individual person and collective units as interacting sides of the collective social subject. He sought to overcome the struggle between individualism and collectivism which found its ideological expression in the ...
The doctrinal factor of legal communication
It is a matter of scholarly consensus that legal doctrine has significantly influenced the development of law — at least within the Romano-Germanic (continental) legal tradition. However, the mechanisms through which doctrine exerts ... ... Russian legal scholarship. One may also note conceptual gaps and inconsistencies in the terminology employed in studies on this subject. This article attempts to describe the functioning of doctrine in the formation of law through the concept of the “doctrinal ...
Classification of subjects of legal relations on the Internt
... legal, and general logical methods of scientific research, subsequently worked out a classification of subjects based on functional division and drew attention to several problematic issues related to the activities of some subjects.
Georgiev I.V.
subjects of law, Internet, legal relationship, contract, user
26-33
Narcotization of the population as a social problem (the case of the subjects of the North-Western Federal District)
Narcotizing of the population does not only cause harm to the physical and mental health of drug ... ... which creates a direct threat to the gene pool of the nation, ensuring the rule of law, the national security of the country. Territorial differences in narcotizing are... ... current study, the author attempts to analyze the indicated issues, on the example of the subjects of the North-Western Federal District (NWFD).
The study established that...
Watershed or Cul-de-Sac? Disputes in the Theological Reception of Kant’s Philosophy
Kant’s turn to the subject has changed the epistemological conditions for theology. Four intellectual backgrounds of objections are examined: an Aristotelian and Thomistic teleological order of nature (1); Augustinianism based on original sin ... ... 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,...
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 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 ...
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 ...
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...
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 ...
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 ...
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...
International organizations as a subject of international disaster
The international disaster relief represents one of actively developing areas of interstate cooperation, both at universal, and the regional level. It represents one of sustainable ... ... in general in the field of protection against disasters promotes gradual growth of the independent branch of international law — international disaster relief law, by means of development of the basic principles and norms and practice of their application....
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,...
Kant in the Time of COVID
During the coronavirus pandemic, communities have faced shortages of important healthcare resources such as COVID-19 vaccines, medical staff, ICU beds ... ... treated impartially in the utilitarian calculus, it does not recognise their equal worth. Subjecting Kantian ethics and utilitarianism to the process of reflective equilibrium... ...., Gaare, R. D. et al., 2002. Public Health Ethics: Mapping the Terrain. Journal of Law, Medicine and Ethics, 30(2), pp. 170-178.
Chu, Q., Correa R., Henry T. L. et al...
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. ...
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 ...
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 ...
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...
Should there be biomolecular pragmatics?
... coding languages to describing languages that regulate them. This requires considering the agentivity (or quasi-subjectivity) of sign systems, which leads to a scenario where the sign system functions as both its subject and object, thus reviving Peirce's idea of the sign as a quasi-mind. An analysis of the primary regulatory mechanisms ... ... complementarity.
Journal of Biosemiotics
, 1 (1), pp. 223—238.
Pattee, H. H., 2012a. How Does a Molecule Become a Message? In:
Laws, Language and Life.
Biosemiotics
. Vol. 7, pp. 55—67,
https://doi.org/10.1007/978-94-007-5161-3_3
.
Pattee, H. H.,...
Models of endowing artificial intelligence with legal personality
... proposes to endow artificial intelligence with its own special legal personality, but there is no precise description of this model in the doctrine.
Ladenkov N.
artificial intelligence, legal personality, robot, digital technologies, electronic person, subject of law, atypical subjects
12-20
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...
Plekhanov as “Defender” of Kant from Neo-Kantians
The history of the reception and interpretation of Neo-Kantian ideas in the late nineteenth and early twentieth centuries shows the special ... ... Culture]. Translated by S. Gessen. Saint-Petersburg: Obrazovanie. (In Rus.)
Rumyantseva, T. G., 2023. I. Kant’s Philosophy as a Subject of Plekhanov’s Polemics with the Leaders of the Second International. In: G. Ch. Lyankevich and A. Ju. Dudchik, 2023....
“When life was in the home circle” in the conditional reasonings of Fregean mad-humans and logical penalists
We advocate an 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 form of conditional reasoning, which ... ... - fantastic mad-humans, in which Frege 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 logical tools for modeling argumentation ...
Lexical explicators of the modality of necessity in the Old and New Testament (the Synodal translation into Russian)
In this article, I explore one of the elements of situational modality, namely, the microfield of the modality of necessity. I consider the use of lexical modifiers ... ... Testament differs from that in the Old Testament. In the Old Testament texts, necessity is perceived primarily as a legal and social law, whereas in the New Testament it is understood as a moral duty. This contributes to the Christian idea of the existence of ...