The article analyzes the main aspects of the interpretation of philosophical thinking by the Polish philosopher Leszek Kolakowskі. He is more known as a brilliant disputant on the history of Marxism and the prospects for the further development of Marxist theory, but his thoughts on the nature and functions of philosophical thinking in the broadest sense are of no less importance, since they address the painful issue of the autonomy of thinking. The purpose of the article is to reconstruct the (...) principles that, according to the philosopher, would allow thinking to maintain its autonomy under the pressure of ideas and ideologies. Utopia and nihilism in the interpretation of L. Kolakowskі appear as temptations of the modern world. It is in the quest for defending from these “monsters” that the philosopher comes to the conclusion that the basis of utopia and nihilism are certain ideas about the truth. Through the prism of this theoretical discovery, he reveals the importance of consensus, tolerance, compromise, and non-consistency as epistemological tools of support or undermining of ideologies. The basic epistemological model the philosopher used has been reproduced by means of theoretical reconstruction. This is the attitude of the subject to the truth, which is realized in two ways: to either master the truth on the basis of certain beliefs or neglect the truth on the basis of other beliefs. With the help of this model, the philosopher comes to understanding that dogmatism and unification are not only utopian diseases but also nihilists. The reason for this is loyalty to one’s own truth, that is, thinking without gaps based on unchanging principles and aimed at reproducing certain institutional and social constants. Instead, inconsistency as a principle forms a completely different setting, the advantage of which is that it extends to itself and frees a thinker from the need to be or not to be consistent, but does not relieve the search of truth and meaning, without which human existence is impossible, according to L. Kolakowskі. The reconstruction was carried out on the basis of analysis of articles and essays of various years, combined with the development of concepts of utopia and nihilism as alternative projects of human existence, rooted in the epistemological directions of the subject. (shrink)

В рецензії оглядається монографія українського історика М.Отроша «Церковно-політична історія Римських пап», аналізується основні ідеї і методологічні засади дослідження.

У монографії аналізуються методологічні можливості культурної предикації, що має теоретичний статус міжкультурної комунікації і дефінітивної специфікації. Вони слугують основами культурно-предикативного аналізу як гуманітарно-наукової методології. Культурно-предикативний аналіз узагальнює окремі методології гуманітарних наук. Серед них – методологія історії, методологія логіки і методологія історії філософії, в якій методології історії і логіки поєднуються на підставі принципу єдності історичного і логічного. Монографія адресована фахівцям з філософії і методології гуманітарних наук, методології історії, логіки та історії філософії, метафілософії і комунікативістики.

The book is a philosophical refection on the possibility of mathematical history. Are poosible models of historical phenomena so exact as those of physical ones? Mathematical models borrowed from quantum mechanics by the meditation of its interpretations are accomodated to history. The conjecture of many-variant history, alternative history, or counterfactual history is necessary for mathematical history. Conclusions about philosophy of history are inferred.

Certain principle aspects of the fundamental science state in Ukraine as of 2014 were analyzed. It was shown that no awareness exists in the country that the main although not unique task of the science consists in the creation of new knowledge. The special attention was paid to state academies of science, in particular, to the National academy of science of Ukraine. It was demonstrated that the active law concerning science as well as the project of the new law have (...) substantial shortcomings from the judiciary viewpoint and inhibit a free progress of science in line with general trends of the developed countries. The existing status of the autonomous state academies, being a peculiar symbiosis the non-governmental organization and state institution, was criticized. The concept of a scientific elite was analyzed, which was used to determine its true level. Certain scientometric data on the Ukrainian science were presented. A very unsatisfactory situation with social sciences and humanities was shown. Criteria were discussed for the future audit of the Ukrainian science in order to reform it in the European style. (shrink)

Article I.Titovskogo "Problems of adaptation / changing canons and traditions in the OrthodoxChurch today Ukraine" investigate questions need to adapt Orthodox canons and existing processesunauthorized changes, upgrade, failure norms of canon law, the canons of modern Orthodox churches inUkraine and Russia, the arbitrary power of the church, resulting in the loss of the positive influence of theChurch on society of modern Ukraine.

Problem setting. The structure of the legal life phenomenological model, alongside the social experience and legal values, always contains subjective measurements that reflect legal person’s specific features. In particular, the point is in the legal duties, powers and the capability of legal reasoning. Their consideration provides an opportunity to show the integral phenomenological model of law via restored bonds of all its elements, and also enables us to extend the semantic field of social-philosophical aspect of the research through creating theoretical (...) pre-conditions for studying burning issues and specific manifestations of the modern law. Recent research and publications analysis. In phenomenology the person is traditionally recognized as the essential being, while the process of sense generation ensures, inter alia, contextual opportunities to study law. The contemporary experience of the legal person phenomenological understanding may be complemented by the research into the abilities of the legal person as an element of the legal life phenomenological model. Paper aim. This work aims to study the features of the legal person as a structural element of the legal life phenomenological model. Paper results and discussion. The paper shows that the law lifeworld is deeply rooted in social experience. It confirms that owing to the legal person the law lifeworld is constituted and “extended” with interpretations. Its activity as to the given social experience provides grounds to declare the equality of the following modalities: “be the carrier of legal awareness”, “be a legal agent” and “be a recognized and legally protected value”. These theoretical statements enable us to formulate certain social-philosophical issues of legal standing, and outline the ways of their solving. For instance, there is a problem of the symbolic status of a legal entity, found in its relations with the state and citizens; the issue of possible legal person’s recognition as a value in the conditions of his/her minimalized rights and hypertrophy of the legal duties is considered; the nature of a legal conflict and the mechanism of its solution is studied through recognizing the value of various communicative perspectives; it is stated that the differences between the intentional experiences of a legal person and the person with duties are a precondition to form legal nihilism and ignorance. The legal person is also considered in the context of his or her ability to be engaged in the discourse practices, embedded in the mechanisms of interpersonal constitution of senses inherent in the social being. The purpose of the legal discourse in the modern world is defined as a field to identify problems and “tension zones” in the implementation of liberal values and the rule of law. Following the analysis of the approaches to identifying the legal discourse core, its main strategies were discussed: legal discourse is focused on searching and developing socially important topics and sound arguments, confirming positive suggestions for the solving social problems (after J. Habermas); legal discourse implies the use of the power of language to fight against the arbitrary rule, including that of the legitimate power (М. Foucault); the specifics of the legal discourse are in creating linguistic tools and developing the procedures, owing to which legal enforcement is transferred to the speech space (P. Ricoeur). Conclusion. The study showed that the activity of the person who has his or her own legal opinion is in the fact that their generated texts and individual statements are not limited to the formal logical regulations, but are the means of expressing their social experience, the measure of balancing between the person’s claims and his or her social recognition. (shrink)

In this article, authors analyze different models of codified acts. In carrying out this classification, several features of the codified documents emerged and were presented in a light conducive to study. The authors provide a practical example of doctrinal concepts, based on their empirical observations, with the relevant example for our legal system. Despite the multitude of scientific proposals, the classifications presented in the article are far from exhaustive, but are a theoretical-doctrinal exercise, aimed at systematizing knowledge about the nature (...) and features of codified acts. Finally, the authors conclude that codes are the only form of codified act recognized by national law, although other forms are known in foreign legal systems. Without prejudice to the legal nature of codes and other classified acts, they may be doctrinally classified according to various criteria, which simplifies the understanding of their essence and contributes to their practical application. (shrink)

У статті подається короткий огляд прагматичного емпіризму Джеймса, емпіризму Дьюї, неопрагматистських ідей Рорті, огляд метамоделей Крейга щодо теорії комунікації. На основі даного огляду авторка обґрунтовує необхідність радикалізації прагматизму та аналізує його вплив на комунікаційні дослідження. Досліджується теорія комунікації Роберта Крейга, яку він розглядає як практичну дисципліну. Доводиться, що всі теорії комунікації є взаєморелевантними, якщо їх адресують у практичний життєвий світ, в якому «комунікація» вже є багатозначним терміном. Кожна традиція теорії комунікації походить з риторичних посилань на певні загальноприйняті уявлення про комунікації, (...) оскаржуючи інші переконання. Взаємодоповнення та напруженість традицій породжують теоретичний метадискурс, який перетинається з існуючим практичним метадискурсом у суспільстві та потенційно інформує про нього. За попередньою схемою комунікативного поля риторична, семіотична, феноменологічна, кібернетична, соціально-психологічна, соціокультурна і критична традиції теорії комунікації вирізняються властивими способами визначення комунікації та проблем спілкування, метадискурсивними словниками та метадискурсивними загальними поняттями. Запропоновано порівняльну аргументацію між традиціями, розглянуто результати для теоретичної роботи та дисциплінарної практики в цій галузі. (shrink)

Purpose. The study is aimed at highlighting in the historical-comparative context the influence of anthropological teachings on the development and formation of such a legal phenomenon as "legal certainty", proving that the category of legal certainty appeared as a consequence of anthropocentric philosophical approach in law. Theoretical basis. In the article, using the system approach, the content of the term "legal certainty" was analyzed. The axiological approach allowed generalizing various manifestations of legal certainty within the limits of one va-lue concept (...) and generalizing it by formulating and emphasizing the importance of the anthropophilosophical approach in the study of legal phenomena. The method of comparison, analysis, synthesis, generalization of philosophical concepts was used, in which the principle of legal certainty was expressed in different periods of historical development. Originality. This article supports a wide approach to understanding the principle of legal certainty, and the latter one relates to general theoretical legal principles. It is alleged that legal certainty consists of a number of requirements for lawmaking and law enforcement. In conducting a historical analysis for these requirements of legal certainty, it was established that they were historically originated and developed as a part of anthropological philosophical doctrine and subsequently embodied in law. The connection with anthropological teaching in jurisprudence is transformed into a relationship between the realization of the principle of legal certainty and human rights. Conclusions. Anthropological approaches in the study of legal phenomena allow providing value humanistic orientation to law. Human rights and freedoms as the most important social value require observance of them even when the legislation is imperfect, uncoordinated, contains gaps and uncertainties. The principle of legal certainty enables to overcome these difficulties, due to it the requirements of lawfulness and observance of human rights and freedoms are agreed upon. This principle is generally legal, and its content is revealed through a set of components – requirements. (shrink)

Oddly enough, in Ukraine for some reason it is not customary to speak of a civil religion. Some people, in view of the actualization of this phenomenon, are trying to accuse the Branch of Religious Studies of IFU of anti-confessional intentions. Some see this as a desire to find some kind of spiritual basis for possible totalitarian regimes in our country. Meanwhile, building a civil society in Ukraine should be relevant not only to the study of civil religion, but also (...) to the work on introducing this phenomenon into the process of building such a society with which it is directly correlated. (shrink)

In the socio-political and religious studies, the hands of Ukraine for some reason are not accepted to write about the civil religion. Some people, in view of the actualization of this phenomenon, even seek to accuse the Branch of Religious Studies of the NASU of anti-denominational intentions. Some see this as a desire to find some kind of spiritual foundation for possible totalitarian regimes in our country. Meanwhile, building a civil society in Ukraine should be relevant not only to the (...) study of civil religion, but also to the implementation of this phenomenon in the process of building a society with which it is directly correlated. (shrink)

It is of scientific interest to consider the monastic and monastic vision of church-religious, socio-political, ethno-religious problems of the pre-war era in Ukrainian lands. Interest is dictated by the following factors and reasons. First, monastic centers from the time of Kievan Rus remained one of the most stable in the society and in their mass created a fairly representative network of peculiar indicators of the spiritual state of the Russian community in the regions. Secondly, through these spiritual centers there was (...) a large-scale reproduction in the generations of the whole world-view complex, which included not only church-religious, but also ideological, socio-political orientations, moral and cultural values, ethno-national traditions, etc. Third, it was from monasticism that the higher clergy formed, which then determined the position and course of the church as a whole. Fourth, the monasteries, in the face of socio-political transience and uncertainty, actually became the gatherers, producers and guardians of the spiritual achievements of the Russian community. (shrink)

An unbiased analysis of the history of the coexistence of church institutions and politics in any state shows that the chronicle of such coexistence appears, in large part, as a history of attempts to use, with greater or lesser success, on the one hand, by church political structures, and on the other, by the church of political structures, or politicians. The history of these interconnected relationships goes back to the times when both institutions in the process of their formation and (...) development began to represent a certain socially influential force, a real and potential resource which could be used to solve operational and strategic political or religious-church problems in any which field of social life. (shrink)

Modern legislation does not contain a clear definition of the concept of “legal liability”. This is due to the presence of many author's points of view and opinions, where the definitions differ in meaning, and also have a wide range of embedded meanings. This situation leads to an ambiguous understanding or to an unjustified expansion of the interpretation due to the unjustified association of legal responsibility with other similar social and legal concepts and phenomena. As a result, there are discrepancies (...) in law enforcement practice. The article considers the shortcomings of the concept of a single legal liability, justifies the impossibility of combining positive and negative liability. Due to the fact that the legal literature has repeatedly concluded that it is necessary to conduct additional theoretical research to solve this problem, the author made an attempt to rethink the traditional view in this matter. In addition to general scientific methods of cognition, broader theoretical approaches to understanding the phenomenon of responsibility are proposed. First, responsibility is considered as a functional characteristic of the interaction of the elements that form its semantic content. Secondly, the concept is studied from the standpoint of dimensionality, i.e., from the point of view of the ability of a concept to have multiple values, depending on the number of selected keywords that are included in the definition of the concept. Thus, the definition of legal responsibility, on the example of criminal responsibility, is considered at two levels of abstraction: at the first level as a measure of responsibility; at the second-as the relationship between punishment and crime, which act as a fixed act or committed action. Based on the conducted structural research, the author's definition is formulated, which allows combining the main number of existing points of view and opinions on the definition of liability into a single principle of legal liability. For the first time, the concept of legal responsibility is considered as a logical and mathematical model that allows interpreting the legal concept based on the provisions of differential calculus. From a practical point of view, the use of extended methodological approaches should serve to organize various opinions into a single semantic understanding of legal responsibility. In the context of the widespread digitalization of law, the proposed methodology allows creating formalized structures of derived concepts used in various branches of law. (shrink)

Problem setting. Contemporary multi-vector socio-philosophical studies of the phe- nomena and processes of legal life imply the involvement of new cognitive abilities. Phenomenology as the methodological grounds of integrative legal awareness enables to expand the limits of law understanding. In addition, phenomenology implies transition into the field of multi-dimensional law description, where it appears as a real legal world or legal life, focuses on researching valid law, seeking legal bases in human existence. Addressing theoretical capacities of phenomenology makes it possible (...) to find the sources of the specific reality of law, show object denotation and existential sense of law as re- gional ontology. Recent research and publications analysis. In modern social philosophy there are a number of works devoted to law studies within the paradigm of non-classical rational- ity. Nevertheless, though phenomenological methodology is used rather actively, domestic philosophy of law is not yet rich in the surveys, enabling, in particular, to find out the features of ontological foundations of legal life as the law sense configurate. Paper objective. The study of ontological foundations of legal life by distinguishing between two interrelated forms in the integral legal life: law structure and law process. Paper main body. The paper considers the interrelation of structural and procedural features as the forms of legal life. Essentially, the following arguments are provided: the source of conceptual and ac- tual factual integrity of the legal life structure and process is a legal entity, and its institu- tionalized activity aimed at supporting or changing the social order, ensures the reproduc- tion of legal structure; legal activity of the entities is in the form of legal relations and legal communication; since the legal process is a discrete totality of continuously chang- ing phenomena of legal consciousness and institutions, each of them naturally conforms to a specific level of hierarchical organization of legal life; legal structure performs two functions for legal process: selective function, aimed at inclusion/exclusion of facts and events of legal life into the legal process, and differentiation, or distinctive, function of its formal and essential realities. Functionally, proving the thesis on the integration of structure and process as the forms of legal life imply that the difference between these features is manifested in the fact that the law structure and law process do not coincide in norm description coding. Therefore, it was demonstrated that the law, considered from the viewpoint of its structural properties, is designed to record tension in the society and reduce the complexity to «normal» state. The law process activates senses of legal life, but it does not accumulate the knowledge of potential normative conflicts thus not preventing them. Further analysis of the law structure and law process referred to the given rules or codes, organizing their interpretation. It was shown that in the law structure the code ap- pears to be identical to the logical scheme of the procedure of establishing the fact of le- gality/illegality. In the law process, especially under the conditions of devaluating rule-of- law principles, legality/illegality code is substituted with the code of involvement/non- involvement in governmental institutions and the sources of wealth distribution. The third feature is related to the specifics of the law structure and law process influ- ence on public development. It was found that if the law process is the key factor of positive and negative changes in the society, the law structure may either promote or impede its development. Conclusions of the research. Thus, the integral whole of the law structure and law process means their essential unity despite functional differences: law structure is proce- dural and law process generates invariant combinations of elements as various structures. (shrink)

The purpose of this article is to clarify the concept of “Anglo-American philosophy of law” and highlight the debate on its subject. Both the geographical reference to the Anglo-American tradition and the content of the philosophy of law itself need to be clarified. In order to understand what the Anglo-American philosophy of law is and what is the essence of the debate around its subject matter the author of the article firstly investigates the main stages in the development of the (...) Anglo-American philosophy of law, beginning with Jeremy Bentham and ending with modern authors. As a result, we arrive at a conclusion that the ways of development of the philosophical and legal tradition in Great Britain and the United States are not identical. Secondly, we should analyze the term “philosophy of law”. Overwhelming majority of Anglo-American scholars identify the terms “legal philosophy”, “jurisprudence” and “analytical legal positivism”. Therefore, “philosophy of law” and “jurisprudence” mostly are used as synonyms. It is also important that the concept “jurisprudence” in the Anglo-American Academy is not used in its wide sense as in Russian science. It includes only abstract theoretical, not practical, study of law and general legal concepts and theoretical foundations of branches of law and legal systems. The author concludes that the debate about the method that has been going on since the 50s of twenty century between positivists and anti-positivists, smoothly turned into a new dispute about the subject matter of Anglo-American philosophy of law. The main object of the dispute is the legal philosophy “analytical core”. Supporters of the core use a conceptual analysis of legal concepts beyond time, politics, morality, and social context. The author of the article analyzed the main critical papers devoted to the current state of the legal philosophy and came to the conclusion that we can distinguish two major types: papers that criticize the “analytical core” of the philosophy of law and try to separate pluralistic jurisprudence and limited abstract legal philosophy, papers which tend to change the very philosophy of law, reorienting it to the social context, political philosophy, ethics, etc. Also, as a result of the research two different understandings of the content of analytical philosophy of law were discovered. First on the one hand is analytical positivism, which includes legal positivists. On the other hand, in a broader sense, it is perceived as an intellectual style. In this sense we can call anti-positivists like natural lawyer J. Finnis and the founder of legal interpretivism, R. Dworkin as analytical scholars. (shrink)

In order to reconstruct the problem of justification of human rights, article deals with evolution and modern interpretation of this problem. Justification of human rights is regarded as identifying of their limiting grounds, i.e. the manner in which these rights are entrenched in being at all, or at least being human. The author reveals the skeptical and non-skeptical approaches to the justification of human rights, descriptive and normative strategy within the latter, the will theory and the interests theory, as well (...) as the main directions of their criticism. Advocates of the interests theory approach argue that the principal function of human rights is to protect and promote certain essential human interests. Securing human beings’ essential interests is the principal ground upon which human rights may be morally justified. The philosophers John Finnis and Otfried Hoffe are regarded as representatives of the interests theory approach. The interests-based approach tends to construe our fundamental interests as predeterminants of human moral agency. This can have the effect of subordinating the importance of the exercise of freedom as a principal moral ideal. This concern lies at the heart of the will approach to human rights. The will theory attempts to establish the philosophical validity of human rights upon a single human attribute: the capacity for freedom. Will theorists argue that what is distinctive about human agency is the capacity for freedom and that this ought to constitute the core of any account of rights. Herbert Hart, Henry Shue and Alan Gewirth are regarded as representatives of the will theory approach. Criticism of this theory is that if the constitutive condition for the possession of human rights is said to be the capacity for acting in a rationally purposive manner, for example, then it seems to logically follow, that individuals incapable of satisfying this criteria have no legitimate claim to human rights. In conclusion, it noted that the debate about the justification of human rights can not be stopped, due to the very nature of the latter, in particular, the openness of human rights as a consequence of the openness of human being as such. (shrink)

The article shows the heuristic possibilities of «legal life» concept in the ontological aspect. Sense measurements are considered as the basis of the measurement-effects, which together form the structure of legal life. It is shown that the main measurement-legal phe- nomenon of life is a legal entity. That it forms various ways of interpreting the legal life and advocates a legal condition for life. Phenomenological approach to determine the legal entity as a legal person, which has its own praovovoe consciousness (...) and is able to take an active part in the legal life poserdstvom legal communication. Legal awareness is defined as a multifaceted phenomenon, the core of which is the will to into practice. Analyzed the relationship between the characteristics of an entity, such as «carrier be justice» and «figure to be legal». It is proved that a phenomenological ap- proach allows us to represent the legal norm as a form of meaningful communication between the legal entity and the legal givens of life. Discloses a polymorphism of legal norms through its substantial manifestations – logo, Nomos, ethos. It is shown that the concept of the rule of law reflects the diversity of the legal life and involves a set of values. Examined the legal judgment as the basis of existence of legal norms. Their role – a representation of the given legal life and to ensure communication between the subjects of law. Legal judgments can be formal, logical constructions, and also take the form of sudzheny legal entity. The first type judgment accordingly relates to performative. The second type – motivating judgment. The possibilities of social experience as the measurement-phenomena of legal life. Firstly, in a repeat of the social experience of resistance expressed manifestations of legal life. In turn, the correlation with the specific pattern of conduct is a prerequisite for the identification of the subject of law. Secondly, in the context of the social experience of legal life is presented as a multi-level system of norms and values, based not only on ra- tional but also irrational basis. Third, the social experience is understood as a form of unfolding scheme of activities in space and time. It is concluded that the measurement-events are part of the content of the legal concept of life. They allow you to define the legal life as a set of legal phenomena, which are due to activity of the subject of law, related to the social experience and embodied in legal norms and values. (shrink)

Досліджується філософсько-правова проблематика Г.В.Ф. Гегеля на початковому етапі розвитку об’єктивного духу – абстрактному праві, виникнення і розвиток правосвідомості, роль і статус власності.

This is a translation of an article published in the journal Argeiaki Ge, which was asked from me by the scientific journal Journal of Classical Studies Matica Srpska. The Argive Hapocration was a philosopher and commentator from the second century A.D. His origin is not disputed by any source. However, there is still a potential possibility that he might have descended from a different Argos: namely that which is in Amfilochia, Orestiko or that in Cyprus. Yet, the absence of any (...) additional geographical designation in his name in ancient sources is likely to disprove such claims. Simply mentioning ‘Argos’ can only indicate the most notable of the cities with this name, namely the Argive Argos. As will be revealed later in this paper, the close relationship between Hapocration with the Atticus family may well support his Argive origin. I support that it is obvious to assume that there is a close affinity of philosophical activity in Phlius and in Argos which remains to be investigated in more detail in the future. The research of written and archaeological sources can flourish further still. I hope that in the near future there will be evidence enough for a fuller presentation of philosophical activity in ancient Argos. (shrink)

The discrete–structural structure of the world is described. In comparison with the idea of Heraclitus about an indissoluble world, preference is given to the discrete world of Democritus. It is noted that if the discrete atoms of Democritus were simple and indivisible, the atoms of the modern world indicated in the article would possess, rather, a structural structure. The article proves the problem of how the mutual connection of mathematics and philosophy influences cognition, which creates a discrete–structural worldview. The author (...) notes that the appearance of writing, symbolic language and the depiction of the picture of the world through mathematics, led us into the sphere of discrete mathematical mathematics. (shrink)

The following article is about the main trends of understanding of law in the former Soviet Union. These trends are the so-called “classical” and “nonclassical” understanding of law; both find itself in the mutual debates between one another. At the same time, non-classical legal philosophy in the former Soviet Union doesn’t take the ideas from the Western thought uncritically, but tries to elaborate its own view on the legal field. The specificity of that view may be characterized by the concept (...) of “dynamic understanding of law”. The similar concept is the common title for the wide range of the doctrines, which were elaborated in Russia, Ukraine and Belorussia on the edge of the centuries. These are, for example, phenomenological-communicative approach of A.V. Polyakov, doctrine of the legal dialogue of I.L. Chestnov, temporal-ontological philosophy of law, the conception of legal reality and so on. It’s worth to stress that all the abovementioned legal doctrines are independent from one another and original. But at the same time, they have common features, which allow us to significate it under the common title “dynamic understanding of law”. The similar features are the following: negative position towards the reification of law; towards the attempts to consider law in the frame of subject-object relations; towards the representation of law as the static, continual “Ought”, which regulates its object – “Is” – from the “secure” transcendental distance. Instead, the abovementioned legal philosophers propose to consider law as dynamic in its core, which originally has social roots and character. At the same time, despite the originality of the similar views to the law, we can find its historical parallels in the national legal discourse, as well in the foreign legal philosophy. The conclusion is made that the dynamic understanding of law is the adequate conceptual approach to the general reasoning of the legal essence. (shrink)

When it comes to principles of law, most often these issues in the legal consciousness of ordinary people are misunderstood and they are perceived solely as theoretical matter, as something completely out of touch with the real life on the ground and something without any practical importance. In this material, the author proves the opposite, namely, he shows on concrete cases when constitutional principles directly affect the nature of the actions of all subjects of freedom of peaceful assembly in Russia (...) and Germany. The main attention is focused on the written principles of freedom of peaceful assembly, which are stipulated in the constitutional legislation of the two countries, namely, the author studies the content of two main constitutional principles of the freedom of assembly: principles of peacefulness and unarmed assembly. In addition, the article systematically reviews the existing unwritten principles of freedom of peaceful assembly, which originate in the provisions of international treaties, including the provisions of the “soft law”, which forms as a specific source of international law. Based on comparative research the author provides recommendations to amend the current federal law by introducing a separate chapter which would describe the freedom of peaceful assembly as the most important constitutional legal value and which would also consolidate the set of fundamental principles of this constitutional freedom: the presumption in favour of holding peaceful assemblies; the state’s positive obligation to facilitate and protect peaceful assembly; proportionality and on-discrimination of any restrictions imposed on freedom of assembly; the principle of good administration and transparency of the decision-making process, as well as the liability of the regulatory authority for the violation of the constitutional principles of freedom of peaceful assembly. The author ended with the conclusion that it is necessary to enshrine explicitly in the Russian legislation the positive obligation of state and municipal authorities to monitor the freedom of peaceful assembly, namely the obligation to collect, systematize and publish official statistical information on the number and types of public events held in settlements of the Russian Federation, as well as the information about the number and reasons for ban of the public event during the notification procedure. (shrink)

The phenomenology of legal life is the perspective direction of social philosophy and legal philosophy. A phenomenology task – to create the theoretical and methodological bases for development of integrative understanding of the right and to investigate legal subject. The phenomenological reduction allows to replace various interpretations of the right with a concept «legal life» and to reveal an essence of «the live right» in consciousness of the subject. Article shows how a semantic sheaf «the right – life» is used (...) in different types of understanding of the right. Features dogosudarstvenny, natural and legal, legal and positivistic and sociological are shown to an explication of life of the right. The conclusion is drawn: legal life is understood as the active beginning of social and personal life; it is presented in all classical types of understanding of the right: legal life is interpreted as cultural and historical conditions, the metaphysical beginning, a way of activity of society. In integrative understanding legal life can be considered as a semantic frame of the specified interpretations. One of the main tasks – step by step to create legal object of knowledge. Options of definition of object of integrative understanding of the right are shown in article: protosense of the right and moment of existence of the right, ontologic reality of the right, protonorm, communication. Various options of understanding of the substantial importance and functionality of the concept «legal life» are shown in article. The assumption is made that the concept «legal life» isn’t legal category. It is a philosophical concept in a stage of permanent formation. Specific characteristics of legal life as philosophical concept are shown. The concept «life» of Edmund Gusserl’s doctrine is specified. Semantic parallels are shown by the concept «legal life». The conclusion is drawn: legal life is a specific legal object which unites phenomenology of the right and integrative understanding of the right. Legal life is shown as a way of human existence which is realized in activity of the legal subject in actual contents of precepts of law and values. (shrink)

The article analyzes the main provisions of the Robert Alexy’s philosophy of law as an integrated system, which at the same time remains open for further expansion of meanings. It demonstrates how the main motive of the Alexy’s philosophy of law – «the institutionalization of reason» as a combination of real and ideal dimensions of law in the institutions of liberal democracy – series takes place in the three components of his philosophicallegal system: the theory of legal argumentation, the theory (...) of constitutional rights and non-positivistic concept of law.Alexy’s non-positivist theory of law is based on the premise that there is a necessary link between the legal validity, or legal correctness, on the one hand, and moral acceptability or moral correctness on the other. This relationship is based on the dual nature of law: it has the actual dimension, defined by the authority and social efficiency, and ideal dimension that is moral correctness.The actual dimension of law is based on the need to ensure legal certainty and legal effectiveness. The argument from the ideal dimension of law is that the law imposes the claim to correctness. According to Alexy normative judgment is correct if and only if it is the result of rational practical discourse. Terms of discursive rationality determined through the principles, rules and forms of general practical discourse. Its procedural core makes up the rules guaranteeing the freedom and equality in the discourse, giving everyone the right to participate in it and the right to ask questions, and defend any point of view. The fact that the rules of discourse express the value of freedom and equality is the basis for the justification of human rights. This means that human rights are discursively necessary, and their objection is discursively impossible.Two dimensions of law are combined in an inclusive non-positivism, which claims that the moral defects deny the validity only if the limit of extreme injustice broken. Procedural aspects of connections positivity and correctness are realized in the form of democratic or discursive, constitutionalism, the main elements of which – democracy and constitutional rights. (shrink)

search for new methods of their understanding. The meaning of the law and the power of its impact directly depend on the ontology of human presence in law. As the space of such a presence is the performance. It becomes possible through the deconstruction of sym- bolic legal structures. Performance can affect the subject of law, make it a creative participant in the reality of law and guarantee the reflection of legal meanings. Recent research and publications analysis. Philosophical tradition of (...) the dynamic nature of law is now developed by I. Chestnov, V. Chetvernin, A. Polyakov, S. Maksimov, A. Stovba and other Russian and Ukrainian philosophers. Significant experience in this area belongs to the European representatives of the communicative paradigm. J. Austin in the framework of communicative philosophy developed the theory of performative dis- course. According to this theory, speech acts that have the character of an order, demands or vows are not statements, but actions. H. Hart applied the theory of performative state- ments to legal texts and discourses. Among the Russian scientists V. Ogleznev, J. Gry- aznova, J. Kupchenko are engaged in the problem of legal performative. The Polish researcher E. Domanskaya notes that performativity is becoming a new modern paradigm of cognition and methodology of science. The technique of performance in art and its expressive possibilities are the subject of research by S. Kornev, P. Waibel, S. Zizek, K. Malabu. Performance as an ontological space for the production of presence and a special technique for provoking the corporeality of things is the subject of research by V. Rybakov, H. Gumbrecht. At the same time, the question of the possibility of using the performance tactics in the practice of reproduction of justice remains open. In this study, performance is seen as a special way of being the law. The law-performance equips the presence of a subject in it. Paper objective. The purpose of the study is to analyze the legal reality in a format of performance, which serves as an original tactic of actualization of law. Paper main body. If the communicative theory of law saw the effectiveness of law in the language performative structures, the latter methodological experiments justify the use of artistic practice of performance in the field of being and understanding of law. Text as a form of being does not exhaust the essence of law. A multi-layer self-organized structure of law needs more complex expression systems than representations. Such a system is a performance. It provokes more and more possibilities of law, forms of its being. The goal of the performance in modern philosophy and art is to get rid of the comments. The goal of performance as a method of law is to rid the law of excessive semantic stabil- ity and the dictates of values. The language and text of the law should be in the service of the event, things and the body, and not vice versa. At first glance, the replacement of a le- gal statement or verdict with an open event, as well as the replacement of a retired arbiter- lawyer by a participant experiencing this event, make legal practice very far from legal science and legal truth. However, the reproduced life event is closest to the thing that the legal sciences call justice. Therefore, the degree of the presence of law in the reconstituted situation should not be determined by interpretation and imposition of legal myths. Such a living justice can not be established by anyone. In the performance, this justice is actualized from the event itself in the format of an open presence. New ontological modus of law is a pure performance of its participants – the author and the viewer. It generates an unexpected, but true justice, which can not be fixed without depriving it of meaning. A new and new reset of the situation with the help of perfor- mances can multiply legal justice in its performative corporeality. At the same time, legal sentences, decisions, norms and interpretations that have frozen in their senses, contain the law formally, but they are farther away from its actual presence in fact. Conclusions of the research. Thus, the tactics of performance makes it possible to demonstrate all the richness of forms, modes and meanings of law, to achieve the present presence of the subject in law through a specific legal act. If communication is already recognized as being, discourse is a series of events, and the performative utterance is an action, then going beyond text and speech – into a diverse symbiosis of symbolic horizons, that is, performance, means a fundamentally new way of being a right that is adequate to modern reality. (shrink)

В статті розглянуто геокультурні процеси, форми та сучасні геокультурні тенденції як соціокультурні феномени; висвітлено зв’язок цивілізації і геокультури; проаналізовано сучасні геокультурні процеси, серед яких вестернізація, модернізація та девелопменталізм, що відбуваються в умовах світової глобалізації.

Проблема раціональності соціальних регуляторів таких як мораль і право завжди цікавила філософів. Розвиток уявлень про раціональність можна вважати певним соціально–культурним, історичним процесом зміни уявлень про неї, він є загальносвітовий розумний процес. Філософію і науку можна розглядати як різні прояви цього процесу, що по–різному реалізують як раціональність так і розумність. Ці важливі питання піднімає у своїй філософській системі відомий представник німецької класичної філософії Г. Гегель. Звернення до філософської системи Г. Гегеля щодо проблеми нормативності не є випадковим. Критерії її раціональності достатньо важко (...) виділити в тому сенсі, що вони дуже щільно вплетені в канву загальної культури якоїсь історичної епохи розвитку людини і суспільства. Ця раціональність сприймається як така, що відповідає історичному розвитку і усвідомлюється актуальною сучасними їй вченими і філософами. Відповідно раціональність нормативності повинна бути критичною щодо себе самої, щоб не втратити розумність, що цілком відповідає суті філософії. Метою даного дослідження є визначення загальної логіки втілення раціональності у нормативності моралі і права в філософській системі Г. Гегеля. Основними методами дослідження є діалектичний метод, метод співставлення історичного та логічного, метод аналізу і синтезу та ін. Дослідження філософії Г. Гегеля розкриває нормативність як соціальну сферу реалізації свободи і розумності і дозволяє показати внутрішню єдність особистої і загальної волі. (shrink)

The author has made the attempt to develop conceptual issues of systems approach to comparative criminological studies. The article deals with “bedrock” of criminology (and comparative criminology) as interdisciplinary science. In this article, the systems approach to comparative criminological studies has been defined. The author argues that practically all modern sciences are designed according to systems approach. Analysis of scientific literature enabled the author to state that systems approach was/is applied to the studies of political systems, legal systems, criminal legal (...) systems, criminal justice systems, penitentiary systems, and other systems. Standing out that “systems theory” as one of scientific approaches has made a considerable influence on criminology, the author considers the systems approach in criminology to be hosted and necessary. Considering three basic assumptions of systems approach, the author believes in the existence of “criminological systems”. The author has conducted a profound analysis of “criminological system” from the point of view of “systems theory”. He argues that the definition of criminological system and its features allow getting a general conception of system and the definition of such features on the level of a country allows getting the idea of its “national criminological system”. Also, the author supports the idea of existence of “criminological system” elements, such as “criminological outlook”, “criminological legislation”, “criminological practice”, “criminological security”. The interrelation between the elements of “criminological system” and other systems (and their elements) is discovered. Results of the author’s analysis will be significant in the development of modern criminology in the context of science globalisation. (shrink)

Evolution of exemptions and privileges in a context of stratificational processes and legal norms formation has been analyzed; the issue of justification of certain exemption laws and their compliance to social justice criterions has been examined. The distinction between benefits and privileges, and as clearly as possible and correct, is, in our view, fundamentally important in the socio- philosophical and legal manner. Apparently, the criterion for differentiation lies not in the sense and not even in the functional plane, and in (...) the ethical- social and legal. Benefits - element rather egalitarian social policy tool reduce social disparities and property, privileges also lead to the establishment of social inequality or its reproduction. However, the key idea of the purpose of effective social policy is not egalitarianism as such, but the principle of social justice, and a consensus on the content of this principle. Agreement on the need to maintain separate privileges should be their legitimate basis. (shrink)