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Građanski neposluh i opravdanost nasilja

Građanski neposluh i opravdanost nasilja

Author(s): Ana Smokrović,Ana Smokrović / Language(s): Croatian Issue: 03/139/2015

This paper explores the status of violence within civil disobedience. Namely, is it possible to argue for the civil disobedience as violent but justified act at the same time? If we move beyond the concept of violence as an exclusively physical act, the theory according to which civil disobedience is justified, but violence is not, would be hard to defend. I argue for the usage of force as a justified means in the cases when prima facie rights are overpowered by a greater, moral commitment. But with this stand one finds oneself in a potentially slippery terrain; namely, how to approach the civil disobedience participants who call upon the values such as freedom and equality but whose demands are based on the violation of rights of a particular group within the society?

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Teória prirodzeného zákona podľa Tomáša Akvinského

Teória prirodzeného zákona podľa Tomáša Akvinského

Author(s): Andrea Blaščíková / Language(s): Slovak Issue: 4/2012

The paper enounces a renewed interest in Thomas’s theory of natural law in the context of contemporary moral-philosophical scene. It presents several reasons of this turn as well as reasons of its only a partial success. Further, it pursues how the Thomas’s natural law theory can sustain the platform of universality in ethical values, at the same time respecting the historicity and the diversity of subjects and cultures. It shows the neglected difference between the permanent universal and variable derived precepts. Universal principles guarantee the possibility of the agreement in the most universal values. Derived precepts, referring the principles to the unrepeatable circumstances and allowing the graduality of man’s progression in moral life, guarantee the possibility of difference. Finally, the paper concludes that the Thomas’s natural law conception offers the vision of how people as rational beings can arrive to mutual comprehension concerning the most important aspects of the good and the evil, sustaining the cultural differences in which they differ.

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O wieloznaczności terminu „pojęcie” w filozofii Hobbesa

O wieloznaczności terminu „pojęcie” w filozofii Hobbesa

Author(s): Krzysztof Wawrzonkowski / Language(s): Polish Issue: XXVII/2015

The article presents some results of preparing a Polish translation of Thomas Hobbes’s first important work, Elements of law, natural and politic. I focus on explaining various meanings of the term “conception” as it is used by Hobbes in this writing. In his philosophy Hobbes uses the term in three different ways. The first of them refers to sense (or sensation) and image arising on sense organs as a result of the movement of external bodies mechanically affecting them. In its second meaning “conception” is understood as imagination, described also as a decaying sense. According to the third use of the term, “conception” is a state of understanding of something, or possessing a conception caused by speech (complex imagination). Such an undertaking makes it possible to reconstruct the development of the meaning of the term within the philosophy of Hobbes and the relation between his early and later writings, namely Elements of Law, Leviathan and De Corpore.

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СПРАВЕДЛИВОСТЬ В СОВРЕМЕННОЙ СОЦИАЛЬНО-ФИЛОСОФСКОЙ ТЕОРИИ: КАК РАБОТАЕТ АРИСТОТЕЛЕВСКАЯ ИДЕЯ ПРАВОСУДНОСТИ?

СПРАВЕДЛИВОСТЬ В СОВРЕМЕННОЙ СОЦИАЛЬНО-ФИЛОСОФСКОЙ ТЕОРИИ: КАК РАБОТАЕТ АРИСТОТЕЛЕВСКАЯ ИДЕЯ ПРАВОСУДНОСТИ?

Author(s): Valeria Petrenko,Irina Enns / Language(s): Russian Issue: 2/2015

The article presents the contemporary socio-philosophical edition of “justice” as the reception of Aristotelian ideas of the purposeful and equal distribution. Ways of a tematization of the “justice” in liberal-philosophical and hermeneutical tradition are analysed on the example of John Rawls and Riker’s positions. The methodological bases of the analysis and representation of this phenomenon are noted as continuations of logic of ancient topics of “justice”. The discourse of justice serves as an area of categorization of duties and obligations, and the sphere of social pragmatics. The authors believe that the specifics of the position proposed by J. Rawls is that his theory of justice is an attempt of transcendental foundation of socialality. The transcendental apriori in Paul Ricoeur′s hermeneutics works differently. He postulates the importance of a peaceful life measurement. In the transcendental dimension justice perceives the source of moral prescriptions in the idea of the Other and manifest itself as an intentional object. In the domain of law justice corresponds to legal prescriptions and application of the rights makes “justice” – in the spirit of Aristotle – the predicate of a specific legal decision.

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ОПРЕДЕЛЕНИЕ PER GENUS PROXIMUM ET DIFFERENTIAM SPECIFICAM И ЮРИДИЧЕСКИЙ ЯЗЫК

ОПРЕДЕЛЕНИЕ PER GENUS PROXIMUM ET DIFFERENTIAM SPECIFICAM И ЮРИДИЧЕСКИЙ ЯЗЫК

Author(s): Vitaly Ogleznev,Valery Surovtsev / Language(s): Russian Issue: 2/2015

This essay is concerned with the applicability in modern conceptual jurisprudence of a particular methodology for defining concepts, namely, per genus proximum et differentiam specificam. We explicate the origin of this method and how it was applied by Aristotle, Porphyry, and Boethius, arguing that H. L. A. Hart’s views about the “open texture” of language, which is context-sensitive, call into question the applicability of this methodology in modern conceptual jurisprudence.

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Cooperation with Multiple Audiences
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Cooperation with Multiple Audiences

Author(s): Marilynn Johnson / Language(s): English Issue: 47/2016

Steven Pinker proposes a game-theoretic framework to help explain the use of veiled speech in contexts where the ultimate aims of the speaker and hearer may diverge—such as cases of bribing a police officer to get out of a ticket and paying a maître d’ to get a table. This is presented as a response to what Pinker sees as the failure in H. P. Grice’s infl uential theory of meaning to recognize that speakers and hearers are not always cooperating. In this paper I argue that Pinker mischaracterizes Grice’s views on cooperation, and use this to refine a positive picture of what sort of cooperation is demanded by Grice’s Cooperative Principle. This positive picture serves to insulate the Gricean framework from objectors— including Pinker—who overstate the obligations entailed by the adoption of the Cooperative Principle. I then argue that the cases Pinker presents are best treated by recognizing that in each instance the utterance is formulated with two intentions towards two different audiences and detail a resulting revision to Pinker’s game-theoretic framework that reflects this proposal. I conclude by demonstrating how this proposed game-theoretic framework of cooperation with multiple audiences can be used to model the costs and benefits of other types of discourse, including political speech.

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İLKEL TOPLUMLARDA YASA VE DÜZEN; İLKEL TOPLUM - BRONISLAW MALINOWSKI; KİTAP ÖZETİ

Author(s): Mehmet Emin Kiliç / Language(s): Turkish Issue: 14/2012

Primitive human is an exemplary citizen who completely respects the rules of his/her own community and who is ready to obey them at any time. In the same way, following all the rules and restrictions determined by the tribe are accepted as axiom. Primitive human greatly respects own customs and traditions, automatically submits to orders. Everything is based on the fear of supernatural ideas and punishments, in addition to deep loyalty to “group feeling”. However, has there ever been any person - whether civilized or primitive - who followed the undesired, boring rules and taboos without having difficulties? Nevertheless, this understanding is dominant in the studies about primitive order and primitive rules.

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Eichmann u Jeruzalemu

Eichmann u Jeruzalemu

Author(s): Hannah Arendt / Language(s): Bosnian Issue: 08/1996

Nepravilnosti i abnormalnosti suđenja u Jerusalemu bile su toliko brojne i raznovrsne, te tako pravno kompleksne, da su, kako u toku sudskog procesa, tako i u začuđujuće malobrojnoj literaturi objavljenoj nakon suđenja, da su zasjenile centralne moralne, političke pa čak i pravne probleme koje je proces neizbježno postavio. Izrael je, sa svoje strane, putem izjava premijera Ben-Guriona prije samog procesa, te načina na koji je tužilac uobličio optužbu, napravio zbrku medu predmetima, navodeći veliki broj ciljeva koje je ovaj proces trebao ispuniti, a koji su svi bili drugorazredni u odnosu na zakon i sudsku proceduru. Cilj suđenja je provođenje pravde, i ništa drugo; čak i najplemenitiji medu ostalim ciljevima - "načiniti takvu svjedodžbu o Hitlerovom režimu koja bi odoljela ispitu povijesti", kako je Robert G. Storey, izvršni sudski savjetnik u Nurnbergu formulirao pretpostavljene više ciljeve Nurnbergškog procesa - mogao bi samo nauditi osnovnoj zadaći zakona: da odmjeri optužbe postavljene protiv optuženog, da presudi i da predloži zasluženu kaznu.

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Jeremy Benthamas: galimai didesnės laimės galimai didžiausiam žmonių skaičiui siekis kaip modus vivendi

Jeremy Benthamas: galimai didesnės laimės galimai didžiausiam žmonių skaičiui siekis kaip modus vivendi

Author(s): Dalia Eidukienė / Language(s): Lithuanian Issue: 1/2017

The article describes the model developed by Jeremy Bentham (1748–1832), founder of English utilitarianism, for a way of life based on the principle of the greatest happiness for the greatest number of people. Bentham’s ideas are worthy of attention because they “helped to cast doubt on the validity of the ethical and political doctrines which held sway at the time, such as moral intuitiveness, social contract, state of nature and natural law.” It is an undeniable truth that Bentham’s counterarguments and the range of problems he elaborated occupied many moral and political philosophers of subsequent generations. Today as well the debate has not ended on the subject of Bentham’s theoretical legacy. The varied estimations of Bentham’s ideas are inescapable. But what is clear is that they fit perfectly within Western Europe’s contemporary cultural tradition, where society’s intellectual, social and political arrangement encourages one to seek life’s truths without skirting the eternal question of morality. Bentham treats the greatest happiness of the greatest number of people as the purpose of life, its moral criteria and the rationally organized form of being, which is formed by people’s actions, interests and inner preferences. Bentham’s utilitarianism of action identifies rationality as the essential moral quality and the condition for morality to exist. For him, morality is prior to action, in that moral intellect not only evaluates a utilitarian action according to its consequences, that is, according to how and how much it contributes to the increase in happiness, but also dictates certain rules of behaviour which depend on circumstantial utility and therefore acquire an ever changing meaning. In this way, Bentham treats material wellbeing as the basis for morality, noting that moral good becomes good only due to its capacity to produce physical wellbeing. Bentham asserted the relativity of moral norms, not taking any of their judgements as absolute. Bentham treats morality as a social product whereby the individual and society understand the ideal of the greatest happiness in the context of another’s interests. He grounds morality on arguments by reason, but morality is not an outcome of reasoning nor a simple calculation. Its origins lie in intelligent egoism, which is conscious of the utilitarian capacity to sacrifice on behalf of other people’s happiness. Bentham unjustifiably believes that an individual, consciously heeding society, with a guaranteed enthusiasm accepts and applies society’s dictated moral principles related to the pursuit of the greatest happiness. Such an enlightened interest is as if necessarily guaranteed by the modus vivendi of that state which seeks the greatest happiness. The lack of such motivation arises from the lack of education. Bentham’s person, though an independent, rational, passionless calculator of happiness, is not a free creator or a former of new meanings. Their rules for behaviour and their inner dynamics depend only on the utility of the situation. Thus Bentham as if dooms to inertia the society which seeks the greatest happiness through its most just regime. Such a society monitors the dynamics of life, sensitively reacts to all possible changes in reality, and responds to the challenges of an increasingly complex world. It aims at a useful social engineering and acts only as a catalyst of an evolutionary change.

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Czy prawo Polski Ludowej było prawem słusznym?

Czy prawo Polski Ludowej było prawem słusznym?

Author(s): Wojciech Dziedziak / Language(s): Polish Issue: 1/2014

The article discusses the issue of equitability of the law of the People's Republic of Poland. The author bases the theory of equitable law ou the following values: truth, good, justice and human dignity. Equity, thus understood, pertains to the processes of both making and applying law. The article defines the above-mentioned values. It adopts the basic classical understanding of truth as the adequation of intellect to things (veritas est adaequatio intellectus et rei). Creating norms involves the truth about the reality, induding the truth of the existential dimension of the human being that is to be (should be) the starting point for making equitable law. Good is understood as the good in the moral sense as the good of man and the common good. Justice is understood in the classical sense, i.e. it is about 'rendering every man his due' (ius suum cuique tribuendi). The dignity of man as one of the values coustimring equity is understood as inherent (innate) inalienable and indestructible, i.e. the individual dignity. It is the basis of human rights. It is the basis and source of all human rights and their protection. The study undertaken indicates that the law of the Polish People's Republic flagrantly violated each of the values that make up equity. Thus, it was not equitable law. In particular, the law was based on the reductionist concept of man (anthropological error), was of class character (the dictatorship of the proletariat or actually the Marxist-Leninist party), and violated the common good and the good of man. Individual dignity (innate and inviolable) was negated (was not a legal category), the source of freedom and rights was the will of the authority (man did not have own rights - he only bad as many rights as granted by the authority). It majorly violated justice, one manifestation of which was the political class character of the judiciary. Moreover, law was treated instrumentally. There was a discrepancy between the content of law and the practical application of norms (the divergence of the nonnative and the actual reality).

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Teisés Vaidmuo Išsaugant Tautinį Tapatumį Globalizacijos Sąlygomis

Teisés Vaidmuo Išsaugant Tautinį Tapatumį Globalizacijos Sąlygomis

Author(s): Robertas Pukenis / Language(s): Lithuanian Issue: 56/2008

In this article I investigate globalisation and its challenges to small nations. By increased economical administrational cooperation, blocks of nations unite either existing economic zones or create new zones. EU formation and the expansion of NATO block, to certain extent, can be adjusted to the globalization of the new world. Together with economical interests of states, globalization touches other spheres of the society: national internal policy, education, mass media, the policy of family, migration. The birth rate in families in such big nations as Germany, France, and Italy is small. If numerous Italians, French, Polish, and Russians are worried about constantly decreasing numbers of inhabitants, then no doubt that small nations are in danger of assimilation.

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PHILOSOPHY, WHERE TO TODAY?

PHILOSOPHY, WHERE TO TODAY?

Author(s): Gabriela Pohoaţă / Language(s): English Issue: 2/2017

The interrogation in the title of our article starts from the idea that philosophy is going through a period of uncertainty, undoubtedly linked, first of all, to the moral crisis the human being faces today. On the other hand, the expansion of contemporary scientism, the unimaginable development of modern technologies has given rise to a human addiction to the outside world, by removing him from his own essence. Paradoxically, although man has succeeded in conquering the cosmos through the advance of science and technology, we cannot say the same thing about self-conquest, moral decadence lying at the root of all evils. The man, today, in the rush of material accumulation, has moved away from the Absolute, losing sight of the meaning of his existence in this world. Philosophy means life and I think it was given to man to discover his existential purpose and place in this world. We propose to answer the question in the title with another one: "when man lives in the ’forgetfulness’ of his being, what is the use of philosophy, today?" trying in this way to argue somehow the need for philosophy of today’s mana.

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ŠTĚDROŇ, B. – MATĚJKA, J. – NAVRÁTIL, J. – PROROK, V. a kol.: Právo a umělá inteligence

ŠTĚDROŇ, B. – MATĚJKA, J. – NAVRÁTIL, J. – PROROK, V. a kol.: Právo a umělá inteligence

Author(s): Otto Dostál,Otto Dostál / Language(s): Czech Issue: 08/2020

The review of: ŠTĚDROŇ, B. – MATĚJKA, J. – NAVRÁTIL, J. – PROROK, V. a kol. (2020): Právo a umělá inteligence. Plzeň: Aleš Čeněk. 208 s. ISBN 978-80-7380-803-7.

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TO CARE FOR, OR NOT TO CARE FOR. FEMINISTS AND LIBERTARIANS ON CHILDCARE AND THE LEGAL IMPLICATIONS OF THEIR ENCOUNTER

Author(s): Łukasz Mirocha / Language(s): English Issue: 1/2023

The article investigates the issue of childcare from the perspective of political philosophy. It aims at presenting and comparing contributions in the field under study provided by the two contradictory veins of political philosophy: feminism and libertarianism. The preliminary assumption of the article, inspired by the so-called horseshoe theory, was that the analysis of the two politically contradictory approaches to the same issue would show their convergence. The first part of the article is devoted to the feminist views on childcare. It presents apparent divisions of feminist thought concerning the issue under discussion and shows ambiguous feminists’ stance toward childcare. The following part regards libertarians’ reflections concerning childcare. Both parts comment on the sources of duty to care for children, as perceived by representatives of feminism and libertarianism; the distinction between the moral and legal nature of such duties is recognised. The third part of the article indicates similarities and differences between the two explored strands of political philosophy in the field of childcare. Moreover, their legal implications are discussed.

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DE LA PRINCIPIUL „LAICITĂȚII”, LA CEL AL „NEUTRALITĂȚII CONFESIONALE A STATULUI”. REFLECȚII ȘI PRECIZĂRI DE DOCTRINĂ JURIDICĂ

DE LA PRINCIPIUL „LAICITĂȚII”, LA CEL AL „NEUTRALITĂȚII CONFESIONALE A STATULUI”. REFLECȚII ȘI PRECIZĂRI DE DOCTRINĂ JURIDICĂ

Author(s): Nicolae V. Dură / Language(s): Romanian Issue: 1/2024

In the pages of this study, we have provided some explanations and clarifications of legal doctrine on the “secularity” and confessional “neutrality” of a State based on some texts of the main international and national instruments (constitutions, laws of Religious Denominations, Statutes, etc.). By examining and evaluating the documentary evidence provided by these texts and specialized doctrine, we have been able to ascertain that the secularity and denominational neutrality of states were perceived and defined in terms of their content through the prism of anticlericalism, an ideological trend boosted by the French Revolution of 1789, which led to the abolition of the principle ‘cujus regio, eius religio’, i.e. ‘to whom the monarchy belongs, religion belongs’, and to the exacerbation of opposition to the involvement of the clergy in the political life of France. From 1905, when the law separating the State from the Church was published, until 1958, France recognized and affirmed the principle of secularism, which - from that year onwards - it associated with the concept of the neutrality of the State in its relations with the Church, id est religious cults. Since then, however, both concepts, id est “laïcité” and “neutrality”, have undergone profound changes because of the new realities that have arisen in the relationship between the State and the Church, culminating in Protocols of cooperation for the common good of their respective subjects.

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CONTRIBUȚIA CORIFEILOR ȘCOLII DE LA SALAMANCA LA APĂRAREA DREPTURILOR FUNDAMENTALE ALE OMULUI. CONSIDERAȚII ȘI EVALUĂRI

CONTRIBUȚIA CORIFEILOR ȘCOLII DE LA SALAMANCA LA APĂRAREA DREPTURILOR FUNDAMENTALE ALE OMULUI. CONSIDERAȚII ȘI EVALUĂRI

Author(s): Cătălina Mititelu / Language(s): Romanian Issue: 1/2024

In order to know in depth, the contribution of the Salamanca School’s coryphaeus to the defense of the fundamental rights of the indigenous population of the New World, it is necessary to take into account the fact that they had a theological, philosophical and legal background, and that the norms of positive law were analyzed and evaluated by them through the prism of jus divinum, jus naturale and jus romanum. In our study, with its historical, legal and theological content, we have examined and assessed both the content of the texts of the works of the Salamanca School’s coryphaeus and the specialized literature (Spanish, French and English) through the prism of our research approach, with the aim of making new contributions and offering readers a new perspective in approaching this subject, which is not only important for its thematic problematic but also for its topicality.

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LIBERTATEA CREȘTINĂ ÎN VIZIUNEA LUI CHARLES HADDON SPURGEON

LIBERTATEA CREȘTINĂ ÎN VIZIUNEA LUI CHARLES HADDON SPURGEON

Author(s): Iosif Anca / Language(s): Romanian Issue: 1/2024

In this article we will discuss Christian liberty in the view of C. H. Spurgeon. In the first part of the paper we will explore his view of human freedom in general. In the second part we will focus on how Christian liberty is achieved, referring specifically to the act of regeneration. In the third part, we will address the essential method of maintenance and development of this freedom proposed by C. H. Spurgeon. More specifically, we will focus on the faithful service that God expects of every human being who wishes to benefit from this freedom.

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REFLECTIONS OF THE RELATIONSHIP BETWEEN LAW AND FREEDOM, BASED ON SOME PRECEPTS OF THE DECALOGUE

REFLECTIONS OF THE RELATIONSHIP BETWEEN LAW AND FREEDOM, BASED ON SOME PRECEPTS OF THE DECALOGUE

Author(s): Ioan-Gheorghe Rotaru / Language(s): English Issue: 2/2024

We live in a society, where there seems to be a tension between law and freedom. Every man wants to live his freedom, but placed in a social context he is obliged to take the law into account. Similarly in the religious, spiritual field, some Christians believe that there is no law, while others say that there is a moral law, but that all values must be based on the law. We note that from a social point of view, law regulates relations between citizens and between citizens and the state. From an ethical point of view, the law regulates human behavior, i.e. it tells us how to behave in certain situations. The two perspectives relate to law as a principle, as a body of rules, of established things, of norms, which society has accepted as important. From a religious perspective, from a Christian perspective, from a biblical perspective, if we want to be precise, the law is the character of God, it is the person’s relation, not a set of rules. From an ethical and social perspective, from the perspective of our society, certain norms may change over time. While some Christians emphasize either the law or the absence of law, i.e. only freedom. The legitimate question remains, can the two notions, law and freedom, be reconciled?

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A GLANCE AT LEGAL PRINCIPLES AND THE PRINCIPLE OF EQUALITY

A GLANCE AT LEGAL PRINCIPLES AND THE PRINCIPLE OF EQUALITY

Author(s): Velçani Majlinda / Language(s): English Issue: 2/2025

The aim of this paper is to examine the significance of legal principles within the legal system, with a particular focus on the principle of equality. Legal principles are closely associated with the rule of law and the safeguarding of fundamental rights. The most crucial principles are established by the state through legal norms, highlighting the importance of equality and non-discrimination, justice, social protection, and others, while there are also principles that, although not formal norms, nonetheless exert a normative influence and have relative authority. Non-normative principles serve as guidelines for action or indicators for both the proper enforcement of the aforementioned norms and the equitable resolution of cases. Conversely, general principles are integrated into positive law, which creates essential rules for the operation of the system itself. Historically, legal principles in legal theory have been predominantly associated with classical legal philosophy, particularly the theory of natural law. Principles are fundamental in shaping any social system. They act as essential tools for meaningfully interpreting social reality understood as a social system. A necessary condition for the system's existence is that it has its own objectives and a significant focus, which is represented by some of its components. This is the function of principles. The rule of law serves as a guiding principle for states in exercising authority over individuals. The rule of law assumes a positivist view of law, which inherently includes the general principle of the rule of law. The entire analysis is grounded in an epistemological approach to understanding concepts and addressing issues.

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К вопросу об отдельных факторах правопреемственности в эпоху Просвещения

К вопросу об отдельных факторах правопреемственности в эпоху Просвещения

Author(s): Aydar Rushanovich Gubaidullin / Language(s): Russian Issue: 3/2024

In this article, certain factors that influenced legal continuity during the Age of Enlightenment are discussed. The major processes of the period are analyzed, and the importance of legal traditions as the foundation of legal continuity is highlighted. A brief overview of the key approaches to understanding legal traditions is given. Particular attention is paid to the regional divergences of the Age of Enlightenment, with a focus on its specifics in England and later Great Britain, the German and Italian states, France, Russia, and the USA. It was revealed that all factors can be divided into two groups. The first group includes general conditions, circumstances, and prerequisites, which can be further classified into natural and social ones. Natural factors are largely unaffected by the landscape of the period, while social factors are closely tied to society. The factors pertaining to the Age of Enlightenment are part of the latter group. They are of two types. The first type is not actually related to the legal reality of the period. The second type reflects the Enlightenment political and legal doctrines. Conclusions are drawn about the direct and indirect impacts of these factors on the historical processes. It is also demonstrated that the factors of legal continuity formed a unique combination in each studied society, with their influence apparent even after the Age of Enlightenment.

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