Legal and political thought
Reference:
Savenkov D.A.
The meaning of the "ideal type" construction for the formation of the conceptual apparatus of sociological and psychological theories of law
// Law and Politics.
2022. ¹ 3.
P. 1-10.
DOI: 10.7256/2454-0706.2022.3.37633 URL: https://en.nbpublish.com/library_read_article.php?id=37633
Abstract:
The article examines the features of the formation of the conceptual and methodological apparatus of sociological and psychological theories of law from the point of view of the use of such a key concept as "ideal type" and its analogues. The study demonstrates that, although both areas of study and understanding of law – sociological and psychological – were based on empirical research methods and corresponding logical-conceptual constructions, quasi-rationalistic techniques were essential for them, which gave the character of an "understanding" science, which is not limited only to descriptive tasks, but claims to express normative judgments. Using the example of the ideas of M. Weber, R. Stammler, V. Wundt, G. Radbruch, L.I. Petrazhitsky and some other legal scientists and social philosophers, the spread of the "ideal type" technique and its analogues in empirically oriented theories of law is shown. The novelty of the research lies in the fact that it presents original judgments about the role and meaning of the "ideal type" construction for the formation of the conceptual and logical apparatus of socio-psychological theories of law in the recent history of legal thought. It is demonstrated that this construction is a characteristic method of analyzing law in psychological and sociological approaches to it, and is present in one form or another in a wide range of relevant areas of legal thought. The study shows that the construction of the ideal type is associated with such socio-psychological attitudes as "healthy legal psyche", "normal legal consciousness" and others.
Keywords:
Petrazhitsky, sociology of law, psychological theories of law, Stammler, Weber, subjective meaning, legal psyche, the ideal type, psychology of law, history of legal thought
Theory
Reference:
Osipov M.Y.
On the Question of the Peculiarities of Using an Interdisciplinary Approach in Modern Scientific Research in the Field of Law
// Law and Politics.
2022. ¹ 3.
P. 11-22.
DOI: 10.7256/2454-0706.2022.3.37757 URL: https://en.nbpublish.com/library_read_article.php?id=37757
Abstract:
The research subject of this article is the features and patterns of the use of an interdisciplinary approach to modern scientific research in the field of law. The relevance of this problem and the need to study the patterns of using an interdisciplinary approach in the field of law is because, on the one hand, it is becoming increasingly widespread in the legal sciences. On the other hand, the "inept" use of an interdisciplinary approach in the field of law can lead to a significant decrease in the effectiveness of scientific research in the legal sciences and lead to difficulties in assessing the significance of the obtained research results. The purpose of this work is to identify the patterns of using this approach based on the analysis of the features of the interdisciplinary approach in modern scientific research in the field of legal sciences and to propose ways to use it most effectively in modern scientific research in the field of jurisprudence. Â Â Â Â Â The scientific novelty of the conducted research is as follows. During the analysis of the features and patterns of the use of an interdisciplinary approach in modern legal science, it was found that not all researchers understand the features (specifics) of the use of an interdisciplinary approach in legal research. The specificity of using an interdisciplinary approach in legal research is that an interdisciplinary approach allows us to identify common patterns of formation, development and functioning of state-legal phenomena as a variety of social phenomena. Therefore, in order to increase the effectiveness of using an interdisciplinary approach in modern scientific research in the field of legal sciences, it is better to conduct research on the purely legal side of state-legal phenomena within the framework of a disciplinary approach and traditional legal methods, an interdisciplinary approach, in our opinion, should play the role of a kind of philosophical basis that does not allow the absolutization of knowledge and assumes the need for dialogue in in order to conduct scientific research more productively.
Keywords:
usage, jurisprudence, problems, estimation, researches, effectiveness, patterns, interdisciplinary approach, right, philosophical basis
State institutions and legal systems
Reference:
Timshina E.L.
"We are returning...". Issues of pension provision in the elections to the State Duma of the Russian Federation of the VIII convocation.
// Law and Politics.
2022. ¹ 3.
P. 23-35.
DOI: 10.7256/2454-0706.2022.3.36817 URL: https://en.nbpublish.com/library_read_article.php?id=36817
Abstract:
One of the main directions of the state's social policy is to support the elderly. In the Russian Federation, after the last pension reform of 2018, the issue of pension provision has become one of the main points of tension in the relationship between the state and society, which was reflected in the federal election campaign of 2021. The subject of study in this article is the proposals of political parties in the field of pension policy. The election programs of the parties in the 2021 elections to the State Duma of the Russian Federation of the VIII convocation were used as the object of the study. The author examines the attitude of the authors of pre-election programs to certain aspects of pension reform, including changes in the retirement age, the direction of further reforms, social protection of pensioners and pre-retirees, in addition, a comparison with the position of the parties in 2016 was made. The results of the study are based on the use of general scientific methods and principles of scientific knowledge, a systematic approach, comparative analysis and historical objectivity. Despite the continued significant interest of the population in the pension problem in 2021, which sharply increased after the retirement age was increased, the parties were unable to fully realize the potential of this issue. Speaking from critical positions, they focused on counter-reform, reducing most of the proposals to a return to the past, practically offering no innovations. Most of the statements on raising the level of pensions were clearly populist in nature and had no mechanism for their implementation. Regarding the 2016 elections, opposition parties have noticeably intensified criticism of the existing system and the Pension Fund of Russia. United Russia, on the other hand, distanced itself as much as possible from the pension reform, without touching on the latest changes in its election theses. It can be expected that in the next election cycle, the pension issue will retain the status of one of the central issues in the election campaign.
Keywords:
Communist Party, Fair Russia, Apple, United Russia, pension reform, The State Duma, elections, LDPR, RPPS, social legislation
XXI century International law
Reference:
Anisimov I.O.
The international legal regime of marine genetic resources. Current status and problems
// Law and Politics.
2022. ¹ 3.
P. 36-48.
DOI: 10.7256/2454-0706.2022.3.37576 URL: https://en.nbpublish.com/library_read_article.php?id=37576
Abstract:
The object of research of this article is interstate relations in the field of legal regulation of the use of marine genetic resources. The author presents a detailed analysis of the concept of "marine genetic resources", draws a distinction with other similar concepts used in international legal acts. The current international legal acts in this area are considered in detail, as well as the draft of an International legally binding Document on the conservation and sustainable use of marine biological diversity in areas beyond the limits of national jurisdiction. A number of problems related to the international legal regulation of the use of marine genetic resources are identified. Comparative legal analysis, formal legal, formal logical and system methods, methods of analysis and generalization were used as the main methodology of the study. The novelty of this study lies in the fact that at the moment there is no universal international legal act that would regulate the use of marine genetic resources. It is also necessary to note a small number of scientific papers, mainly by foreign authors, devoted to this topic. At the same time, such resources have found wide application in various branches of science and production. Taking into account the above, it seems relevant to conduct additional scientific research aimed at studying the international legal regime of marine genetic resources. As a result of the presented research, the analysis of the concepts of "marine genetic resources", "genetic material", "marine biological resources", "living marine resources" was carried out. A number of problems in the international legal regulation of this sphere have been identified. So, in particular, the extension of the principle of the common heritage of mankind to marine genetic resources, if it is impossible to extend this principle to the open sea, may further generate legal conflicts. The author comes to the conclusion that it is necessary to further study the international legal regime of marine genetic resources.
Keywords:
UN, aquaculture, the common heritage of mankind, biopiracy, biotechnologies, marine technologies, marine genetic material, marine genetic resources, marine biological resources, marine scientific research
JUDICIAL POWER
Reference:
Vasilev D.
Productivity and efficiency in the evaluation of judicial activity
// Law and Politics.
2022. ¹ 3.
P. 49-79.
DOI: 10.7256/2454-0706.2022.3.34635 URL: https://en.nbpublish.com/library_read_article.php?id=34635
Abstract:
The article raises the question of whether it is correct to use the term "efficiency" when evaluating judicial activity using quantitative indicators of judicial statistics. These indicators are focused on the departmental needs of a closed-in judicial system. The article shows that in relation to the assessment of the activity of courts according to judicial statistics, it is correct to use the term "productivity". The thesis of the article is that when evaluating the work of courts and judges, to distinguish productivity from efficiency. It is noted that the productivity of ships and their efficiency are not directly dependent. Particular attention is paid to determining what constitutes the effectiveness of judicial activity. The author comes to the conclusion that the effectiveness of judicial work can be investigated by studying the assessments of courts and judges by their "clients" - litigants, other persons involved in the case, society as a whole. Courts act effectively if their "reputation capital" increases in the eyes of society. The currently used indicators of judicial statistics should be replaced by an assessment of the effectiveness of justice based on a sociological study of the reputation of the judiciary. The judiciary should have its own structures to monitor changes in public opinion regarding the reputation of the courts. When considering a possible methodology for assessing the reputation of courts and judges, it is noted that it is not expressed in quantitative data. Shifting the emphasis in the evaluation of judicial activity to the study of efficiency will provide feedback to the judicial system with its "clients", will form additional motivation for judges to take care of their own reputation in the eyes of public opinion.
Keywords:
stability of judicial acts, ship performance, corporate culture of courts, evaluation of judicial activity, judicial statistics, efficiency of courts, the quality of the judge's work, reputation of the court, number of court cases, procedural deadlines