8 research outputs found
EXTERNAL FACTORS OF DEVELOPMENT OF LEGAL SYSTEM OF RUSSIA (CONSTITUTIONAL BASES)
No full textThe article describes the major modern political, economic, social and religious factors of the development of Russian legal system. Based on statistical and empirical materials, these or those factors highlighted as the main ones, but it presents an author\u27s subjective point of view. According to the reasons mentioned above, the author describes the most important features of Russian legal system
European Constitutionalism: Development of the Idea and Legal Means of Public Power Limiting
Full text linkThe article actualizes the problem of formation, development, the current state of the constitutionalist idea and the corresponding legal means of limiting public power. This is not about numerous constitutionalist political and legal doctrines, its definition or classification: the thesis characterization of the historical stages of the struggle of civil society against the despotism of the state, competing or affiliated institutions (economic, military and spiritual) allows us to reveal the patterns of dialectics of the essential idea for constitutionalism and appropriate legal means of limiting public authority.The author used the historical-comparative, formal-logical, method of legal dogmatics and specification of legal cases (description of specific cases). The use of these methods made it possible to investigate the embodiment of the constitutionalist idea of limiting public power that corresponds to the legal culture of a particular era; the main legal means of limiting public power in the past and present; the potential for updating the constitutionalist idea and legal means of limiting public power. The idea and legal means of limiting public power are concretized on the materials of the most developed legal systems of the past and present, recognizing and implementing European-type democracy as the basis of the political and legal structure
Juridification of freedom in Europe: legal history
Full text linkStudiamo gli stadi principali attraverso i quali si è attribuita una natura giuridica alla libertà in Europa. Come inizio fondamentale del processo che ha portato a una libertà giuridica si è considerato il principio di uguaglianza formale (giuridica). Tracciamo il progresso di percorsi consistenti di legalizzazione della libertà attraverso la consistente implementazione di questo principio. La conclusione consiste nel fatto che è necessario fornire la completa implementazione del principio di uguaglianza formale (legale) per assicurare l’identità della civiltà europea e la libertà legale ad essa immanente nel XXI secolo.We study the main stages of imparting a legal nature to freedom in Europe. As a fundamental beginning of a legal freedom is regarded the principle of formal (legal) equality. We trace the progress of consistent pattern of legalisation of freedom through the consistent implementation of this principle. The conclusion is that it is necessary to provide the fullest realisation of the principle of formal (legal) equality to ensure the identity of European civilization and the legal freedom, which is immanent to it, in the twenty-first century.
THE ALIENATION ALONG THE SOCIAL CONTRACT: COMPARATIVE ANALYSIS OF BASIC FEATURES OF ALIENATION AND DEALIENATION IN THE CONSTITUTIONS OF BURGIUM-DEMOCRATIC, SOCIALIST, POST-SOCIALIST AND THEOCRATIC AND CLERICAL STATES
No full textIn the present work the phenomenon of alienation, accompanied the modern formal social contracts – constitutions, is studied. The constitution, considered a formal social contract, is a legal act of alienation of the civil society and the governmental authority under the certain terms. In the context of methodology of the legal political science (the political science of law), the system comparative analysis of major features of alienation and de-alienation, corresponding to the constitutions of bourgeois – democratic, socialist, post-socialist, theocratic and clerical states, is performed. In the work a historical – materialistic approach, according to which the natural state (the interpretation of primitive living) and the social contract (the act of alienation of people’s rights to the benefit of the establishing state), is used – the necessary fictions of anti-feudal natural legal theory, formulated in the Enlightenment. In practice the modern states define the people’s rights and the “government’s”, provide for the opportunities of flexible alienation and de-alienation of all the constituted social relations through the formal social contract – the Constitution. This logical scheme constitutes modus operandi of all the study, in the result of which the author came to the conclusion that different types and forms of alienation are immanent to the social contracts (constitutions) of the countries with various social and political system; the ways of constitutional de-alienation are various as well: modernization of the system of rights and freedoms, social guarantees, state-party and state-religious ideology, etc. This process is relatively unlimited, determined by the civilizational features of societies, but, mainly, by the progress of productive forces and productive relations, the inevitable revolutionizing of which raises new issues of alienation and de-alienation on the way to the common good of humanity
The Marxist Social Theory and the Modern State
No full textIntroduction. The appeal to Marxism as a system of ideas explaining and predicting the ways of development of mankind and the fate of the state is still relevant. Marxism is popular not only in postsocialist countries, but also in the consistently developed bourgeois world. It is not overlooked as an object of research by representatives of leftist intellectuals at leading foreign and Russian universities. The purpose of this paper is to identify or clarify the reasons for the discrepancy between the social class ideas of Marxism and the practice of the modern state, the prospects for the theoretical and practical development of this, perhaps, the most influential doctrine after the world religions. Methodology and materials. Within the framework of a short article, which does not specifically touch upon the problems of foundations (sources), political economy, the concept of man, the interpretation of Marxism in the countries that today call themselves socialist, and many others, the author uses the methodological technique of interpreting Marx’s key theses concerning the driving forces of the historical development of society and the fate of the state through the comparison of the thinker’s ideas (insights) with contemporary reality. Research results and their discussion. The author reveals inconsistencies between the social class theory of Marxism and its practical implementation in the Soviet socialist state of the twentieth century; discovers the shortcomings of this theory in explaining the European society and state of the twentieth and early twenty-first centuries; reveals its potential in modern state-organized society. Conclusions. The study argues the point of view according to which the transformation of the social class theory of Marxism into a discourse devoid of practical possibilities of overthrowing the state (as an institution) has led to the paradox of defense and improvement of the system of institutions of the modern state by the supporters of the once revolutionary doctrine
Effect of infection with Metacercariae of Himasthla elongata (Trematoda: Echinostomatidae) on cardiac activity and growth rate in blue mussels (Mytilus edulis) in situ
No full textA Brief Historical and Legal Essay on “Economic Constitutions”
Full text linkThis article explores constitutional regulation as it relates to the foundation of economic relations. The proper norms and divisions of the basic laws (constitutions) of states are analyzed from the historical and legal point of view: the authors develop an idea of “economic constitutions.” This conception is based on the ideas of American and European economists and lawyers, including the works of the Nobel-prize winner James Buchanan, the author of the conception of “constitutional economy.” The analysis of the individual, the most obvious norms of “economic constitutions” is made in their evolution. The common regularities of formation, development, and functioning of “economic constitutions” are researched. “Economic constitutions” are considered as the immanent legal expression of material conditions of life of communities. The research is based on the criteria of the correspondence of “economic constitutions” with the demands of social economic development of state organized communities. The genesis of “economic constitutions” of the USA, France, Germany and other states, for example, Latin American states are researched. Special attention is paid to “economic constitutions” of socialist and postsocialist states, especially to the “economic constitution” of the Russian Federation. The peculiarities in the development of the newest “economic constitutions” based on the basic laws of Finland and Switzerland are revealed. The authors develop an idea that “economic constitutions” are not limited to the questions of the influence of a state on an economy and of the determination of the borders of state regulation. Economic rights and freedoms, questions of interrelations of labor and capital, financial system, taxation, etc. are considered as the components of “economic constitutions.” Taken into account is that modern international standards are refused from the secondary role of the social economic rights of mankind. The conclusion is made about the interrelationship of the progress of “economic constitutions” and social economic rights in the information society that are able to ensure the fundamentally new level of a direct democracy in the management of a state
