ІСНУВАННЯ НОРМ ПРАВА ЯК ПРОБЛЕМА В ДЕОНТИЧНІЙ ЛОГІЦІ

Author(s): Olena Mykolaivna Yurkevych / Language(s): Ukrainian / Issue: 1/2020

Problem setting. The existence of the rule of law as a problem of deontic logic is defined in the plane of logical and ontological problems of law, its origin is connected with the Jorgensen dilemma. The study of legal norms as existing established their inconsistency with the ideal of rational science. The existence of contradictions and gaps in the law does not correspond to the principles of consistency and completeness. The study of existing legal norms requires the further development of deontic concepts, clarification of the criteria for the existence and logical significance of legal norms, the development of formalization, and so on.Recent research and publications analysis. The origin of deontic logic is associated with the name of Aristotle, later it was systematically investigated by G.V. F. Leibniz, I. Bentham, in the twentieth century it was finally formed. In the works of S. Mali, A. Hoffler, E. Menger, an axiomatic system for describing deontic concepts was created. The problem of the existence of legal norms in deontic logic was posed in the work “Deontic Logic” by G. von Wrigt and later investigated in the writings of K. Alchurron and E. V. Bulygin, who analyzed the completeness and consistency of the legal system, conflicts in legislation and “white spots” "in the right. They first created the formal theory of norms as a second-order logical theory. In Ukraine, research on deontic logic was carried out by A. E. Konversky, S. I. Maksimov, E. N. Yurkevych and others.Paper objective. The purpose of the study is to reveal the problem of the existence of rules of law in terms of the tasks of logical analytics, the level of development of logical tools in deontic logic, taking into account and deepening knowledge of the logic of practical thinking of lawyers.Paper main body. Modern deontic logic explores logical forms and the rules for their application in normative contexts. These contexts are sets of prescriptive and descriptive statements. The deontic concept connects the content of the utterance with a certain action under certain conditions. This creates the character of the norm. Systems of deontic logic are based on the traditional logic of utterances and the interdependence of deontic concepts (“forbidden”, “obligatory”, “allowed”). In deontic deduction, the conclusion is made by analogy with the action and is evaluated in terms of "justified" / "permissible", and not "true" / "false". The basic principles for the deontic system are the principles of deontic completeness and consistency. The existence of rules of law determines their strength and is associated with the establishment or termination of the regulatory relationship, which is the relationship between the authority and the subject of the norm. To consider the various aspects of normative relations, the concepts of different degrees of abstraction are taken: communication, utterance and proposition. The principle of consistency of the norm determines the possibility of its implementation, and hence the possibility of its existence. Conflicting rules issued by different authorities may exist ("conflict of will"). And the contradictory norms formulated by one instance mean the presence of irrational will. The introduction of the ontological criterion of rational / irrational will becomes crucial for the logic of practical thinking regarding the existence of legal norms. Conflicting norms in the same norms corpus cannot be simultaneously enforceable. In the formalization of deontic expressions, propositional norms are reduced to propositions about the existence of norms, provided that the norm is promulgated by a certain authority.Conclusions of the research. The development of the problem of the existence of rules of law in deontic logic has developed a logical methodology by deepening knowledge of ontological topics and logic of practical thinking, expanding the concept of the corpus of rules of law, rethinking the principles of consistency and completeness of the legal system, as well as the possibilities and symbolic instrumentalization, which logistical tools, symbolization of legal instance, clarification of logical meanings with respect to existing norms.

ЈАВНОСТ - лист за наукe и политику (1874/41)

Author(s): Author Not Specified / Language(s): Serbian

СУД И ПРАВДА; Како је у народу око Космаја?; Нешто о моралном образовању; ДОПИСИ; ЈАВНИ ПРЕТРЕС ЖИВКА ЧУКИЋА; Јавна преписка; Јавна благодарност; РАЗЛИЧНОСТИ;

ЈАВНОСТ - лист за наукe и политику (1874/42)

Author(s): Author Not Specified / Language(s): Serbian

СУД И ПРАВДА; ДОПИСИ из Јасенице; Нешто о моралном образовању; Непознатзм долиснику страних новина;

Једно размишљање о икони: онтологија и етика

Author(s): Irina Radosavljević / Language(s): Serbian / Issue: 1-3/2010

This text represents one brief meditation upon ontological and ethical implications of orthodox iconography. It is inspired by Fra Angelico’s fresco of Saint Peter the Martyr and attempts to demonstrate that the goal of iconographic presentation is not to offer moral instructions or models for our behavior but to point out the fact that man in communion with God conquers death. Having that knowledge and realizing the possibility of participation in that victory is the only true inspiration for ascetic effort and sacrificial love.

Черни маври от бели майки

Съмненията на Монтен в дигиталния свят

Author(s): Iassen Zahariev / Language(s): Bulgarian / Issue: 11/2021

The essay deals with the contemporary forms of skepticism related to Internet and social media in particular. There are two main sources of digital skepticism today. The overwhelming information and the pluralism of opinions hamper the judgement and make it difficult to attain certainty in everyday beliefs. On the other hand, the modern philosophy and science hold sway over the contemporary understanding of knowledge as certain, theoretical and universal representation of the world. The clash between the two opposing attitudes – the insecurity in social media as a main source of information and the quest for certainty in knowledge creates the digital skepticism that further leads to suspicion and ressentiment. The essay demonstrates the negative outcomes from the digital skepticism and finds a remedy in the skeptical tolerance presented in the philosophy and essays of Montaigne.

Читатель в сознании автора: проблема монологического и полифонического сознания

Author(s): Aleksandr Feduta / Language(s): Russian / Issue: 2/2005

The article deals with the typological "author and reader" relations during their period of development from classicism to romanticism, describing the author's intentions in relation to the reader in relation to various readers' perceptions. The author consciousness is explored as "monologue" and "polyphonic". It is established that in the first case the author refuses principally the dialogue with the reader, demanding that the author fully trust and refuse to consider his authority. In the second case, the author acknowledges the equality of both his and the reader's ethical and aesthetic experience and, therefore, engages in dialogue with him at the same level as hears the "voices of the various readership groups" and responds to them in his own text.

Човекът в търсене на смисъл: изборът между страдание и удоволствие

Author(s): Kameliya Slavcheva / Language(s): Bulgarian / Issue: 3/2015

This study examines the problem of the meaning of life and the choice between suffering and pleasure, according to the Biblical book of Ecclesiastes, written by the wisest king that ever lived on Earth, and according to the greatest psychiatrist, founder of the doctrine of Logotherapy, the author of one of the greatest books of our time: Man in Search of Meaning and The Doctor and the Soul – Viktor Frankl. Can we find some similarities in their statements, research, and philosophy? Where is the meaning of human existence: in pleasure or in pain? Why is it important for everyone to find meaning in his/her life? Is this the driving force of humankind forward? Can you live with dignity; what it means, and how to help people that lost the meaning? These are the questions we try to find answers for in this study. The aim is to follow the similarities between the two authors, and to find where modern psychology, logotherapy meet the faith in God.

Човекът като zoon politikon, неговият етос и изгубената телеология на щастието

Author(s): Sylvia Mineva / Language(s): English,Bulgarian / Issue: 2/2018

Тhe text is focused on the interpretation of Aristotle's conception of the human being as a citizen, as a political creature, and his view on happiness as the goal of humans. The article discusses Machiavelli’s and Weber’s ideas – emblematic for modernity – about the relation between ethics and politics, and the theoretical reflection of this relation in the context of contemporary society as a risk society and in the globalized world. The article aims to distinguish, based on comparative analysis, between Aristotle's understanding of ethics and politics as two sides of the same coin, i.e., as aspects of the life of people in a community. The article discusses the importance of Aristotle’s view of humans as beings that are political because they are ethical and ethical because they are political.

Човекът-маса като творец на нова култура

Author(s): Atanas Iliev / Language(s): Bulgarian / Issue: 10/2020

At the beginning, the author presents briefly and analyzes some ideas of Oswald Spengler and Ludwig Klages thereby developing the thesis that the optimistic primitivism of Klages is associated with Spengler’s cultural and historical pessimism and that combination brought forth the ideology of the new age. That is the ideology of the average individual, of the man of the masses, be they masses of workers or loafers, of poor or well-off people no matter whether they recognize the Soviet, fascist, national socialist or democratic state. A great part of the text is devoted to an analysis of the world outlook of the mass man presented by the Spanish philosopher and essayist José Ortega-y-Gassett. The author disputes the basic views of Ortega-y-Gassett, arguing that the mass man is not an enemy of culture, but rather a harbinger of a new culture that will be born in the bowels of today's dead civilization. Detached from the current intellectual elite the masses will single out their own intellectual elite which will develop its own culture.

Човешката несигурност

Author(s): Georgi Fotev / Language(s): Bulgarian

Prof. Georgy Fotev is a Bulgarian sociologist. His scientific works are in the areas of theory and history of sociology and the disciplinary fields of modern sociology. The focus of the research interests of G.Fotev is the nature of sociology as a multiple paradigm science. Another major theme in the works of Georgy Fotev is the dialogue as a base and horizon of multiple paradigm sociology. Georgy Fotev has publications in the fields of historical sociology, sociology of politics, ethnosociology, the crisis of legitimacy, sociology of values, etc. His books "The long night of communism in Bulgaria" and "Bulgarian melancholy" throw light on the dramatic fate of the Bulgarian national society. Georgy Fotev was Minister of Education and Science (1991 - 1992). He is professor emeritus of New Bulgarian University. In 2003 he was awarded the Distinguished Service Award from the American University in Bulgaria. Mankind is shaken by a multitude of uncertainty. There is an increasing perception that uncertainty becomes permanent. The focus is on the existential, social, political, economic, global and other basic varieties of human uncertainty. The author explores the fundamental conditions of human uncertainty and the main forms of her manifestation and experience. The phenomenon is seen in the light of the new science of chaos and complexity in the context of the risky society/world, in terms of catastrophic consciousness and the conditions of crisis types. Particular attention is paid to trust as a fundamental social attitude and condition against decadent attitudes and nihilism.

Човјек као жртва и талац технике – мали прилог једној великој теми

Author(s): Ana Galić / Language(s): Serbian / Issue: 2/2018

The phenomenon of technique and technology applied to human life brings with itself many different perspectives from which we can look at the technique as the future salvation of mankind or, if we observe without prophetic vision, as currently advancing and facilitating the present life circumstances. In this paper, the author will try to clarify how the technique has influenced and influences the development of man and whether there is a real danger of catastrophic proportions if we allow the technique to go along step by step with man. When analyzing the above, we will use the relevant works of authors who have been researching the subject for the research: Nick Bostrom, Rebecca Roache, Wolfgang Velsch and Lewis Mumford.

ЧТО ЕСТЬ ЧЕЛОВЕК? АБРИС ОТВЕТА В «ПРОТРЕПТИКЕ» АРИСТОТЕЛЯ И ЕГО ОБОСНОВАНИЕ И РАЗВИТИЕ В ПОСЛЕДУЮЩИХ РАБОТАХ СТАГИРИТА

Author(s): Igor Tantlevskij / Language(s): Russian / Issue: 2/2017

The author of the article seeks to demonstrate how Aristotle, having put forward in the “Protrepticus” the idea that the person's selfness is essentially identical with the rational “part” of his soul and that it is just in it and thanks to it that the man’s “blessedness”, “divinity” and “immortality” can be achieved, hereafter substantiates and develops this doctrine in his later works, primarily in the treatises “Metaphysics”, “On the Soul” and “Nicomachean Ethics”.

Шелинг – от логос към мит

Author(s): Iliana Ilieva / Language(s): Bulgarian / Issue: 4/2021

This article aims to analyze the beginning of the transition from logos to myth. To incorporate the religious into his Enlightenment philosophical system, Schelling presents a reconstruction of myth. The conceptions of the religious consciousness of the Self from antiquity as presented. The myth embodies cultural reality and the history of self-consciousness, an idea that was later considered by Mircea Eliade. Myths evolve in parallel with human evolution. The need for the development of abstract thinking and the complex social environment presuppose the new mythology. Christianity in history appears as part of the mechanism of human development, which generally symbolizes the transition from mythology to Christianity. Theology must abstract mythologies from the purely divine, but together they participate in the formation of human consciousness.

ЩО Е ПРОСТИТУЦИЯ И ИМА ЛИ ТЯ ПОЧВА В СОЦИАЛИСТИЧЕСКА БЪЛГАРИЯ

Author(s): Magdalena Garvanova / Language(s): English,Bulgarian / Issue: 1/2016

The article aims to show how the problem of prostitution was constructed as a form of social deviation and discusses the legitimate practices undertaken for its neutralization during the socialist period – 1944-1989. The historical-sociological analysis applied in the article shows that, in the time of totalitarianism, „paid love“ was ideologically deprived of a social ontology, and the authorities began a secret struggle with the „priestesses of Venus“ by undertaking a series of repressive actions against prostitutes, aimed at disciplining and resocializing them. However, with the expansion of the nomenklatura system, the authorities took a differentiated view on the prostitute: she was used, on one hand, as a mechanism for imposing communist morality and social control, on the other hand, as a means serving the dark side of the oligarchy apparatus.

Экзистенциализм как интернет-тренд

Author(s): D.V Prokofieva / Language(s): Russian / Issue: 2/2014

The article is devoted to Internet-trend on Existentialism in Russian social networks. Jean-Paul Sartre, Albert Camus and Franz Kafka became popular characters for Russian young people who are active Internet users. They correlated Existentialism with concepts of “hopeless”, “Futility”, “emptiness”. We made an attempt to analyze this phenomenon and tried to explain that Existentialism is not directed against the person but for him.

ЭКЗИСТЕНЦИАЛЬНЫЕ, ЭСТЕТИЧЕСКИЕ И ХУДОЖЕСТВЕННЫЕ ПРИЗНАКИ В МОДЕ

Author(s): Lilya Derman / Language(s): Ukrainian / Issue: 1/2015

In the article are probed certain and fundamental principles of fashion in sociological, anthropological, cultural and historical dimensions, that are interpreted in the context of artistic, aesthetically, cultural and historical life of humane. The article is about the representation of corporeality in the fashion industry. Reveals the main features of existential choice through the provision of structural, functional, social and cultural aspects of fashion. Basic principles of fashion existence practices which are interpreted in social and cultural reality are expounded in the article.

Этизация правовых норм: к проблеме эффективности современной судебной системы

Author(s): Sergey E Yurkov / Language(s): Russian / Issue: 1/2022

The presented publication is a review of the monograph by Bolshakov E. V., Nazarov I. D., devoted to the study of the philosophical and legal aspects of the phenomenon of justice in the history of social thought. Giving a high assessment to the philosophical and legal basis of the study and the list of scientific sources used, the author of the review notes the development of an ethical and philosophical definition of the concept of “justice” as an important result of the work. Analyzing the definition proposed by the authors of the monograph, the author of the review agrees with the argument that the goal of justice is the realization of the idea of justice, which is the main idea of both legal and moral consciousness. The implementation of this idea within the boundaries of moral consciousness is experienced, comprehended and evaluated as an individual and public good. The reviewer emphasizes that the research work carried out by the authors allows us to draw four conclusions that are significant in theoretical and practical terms. Despite the overall positive assessment of the monograph, the author of the review notes a number of shortcomings in it.

ЭТИКА БЕЗ ТЕОРИИ? О ПРЕИМУЩЕСТВАХ ПИРРОНИЧЕСКОГО ОБРАЗА ЖИЗНИ ПЕРЕД ДОГМАТИЧЕСКИМ

Author(s): Denis Maslov / Language(s): Russian / Issue: 1/2021

The paper discusses two interrelated problems pertaining to the Pyrrhonian way of life. We try to rise to the challenge and play devil’s advocate, arguing from the skeptical point of view. The first part portrays a reconstruction of central skeptical arguments against the dogmatic ethics that attack some epistemological, metaphysical and ethical issues of the central dogmatic concept “the good by nature”. The second part considers the arguments suggested by G. Striker and R. Bett who claim that the sceptic cannot have ethics nor be an ethical agent. Against it, we try to formulate minimal conditions for ethics without theory, namely, the conceptual ability to distinguish between “right” and “wrong” actions grounded upon the notion of “private good” and the skeptical criteria for actions. This is made possible by relativizing the criteria of the ethical and connecting it with the customs and traditions of a given community. Though Pyrrhonism is quite different from ethical relativism or ethical realism, a striking comparison to H. Putnam’s ethical approach is drawn at the end of the paper.

Этика неконфликтной коммуникации: рекомендации эксперта

Author(s): S.K. Shayhitdinova / Language(s): Russian / Issue: 4/2018

The preliminary results of the expert work in the Public Collegium of Press Complaints (Moscow, Russia) have been summarized. For a decade, we have had to deal with various controversial texts in different areas of the agenda formed by the media. The preparation of an expert opinion is related to the need to answer the question of which rules of media ethics were violated in one way or another. The following pattern has been revealed based on reflection on the problem: every thematic area of the media sphere has its own “pitfalls”. In order not to stumble upon them, not to provoke an information conflict, it is necessary to observe ethical rules that have their variations in key issues of public life. The list of such rules has been given in this publication. In political communication, it has been recommended to discuss problems, not images of the “enemy”. It has been noted that when covering the issues of religion, ridicule and provocation are unacceptable. The paper substantiates that the image of an ethnos should be inspiring in the problem of inter-ethnic relations. It states that it is forbidden to “sell” anxiety and fear in “naturalistic scenes” of the criminal chronicle. The arguments are the cases considered by the Public Collegium of Press Complaints with the involvement of the personal expert opinion.

ЭТИЧЕСКАЯ КОНЦЕПЦИЯ ГРАЖДАНСКОГО ПРАВА

Author(s): Farida Ildarovna Khamidullina / Language(s): Russian / Issue: 4/2013

The article defines the basic postulates of the ethical concept of civil law and shows their methodological importance for disclosure of the fundamental properties of law and the patterns of its functioning. A conclusion is made regarding the dialectic nature of the transition from moral consciousness to the legal one.