PILIETINĖ TAPATYBĖ IR PAMALDUMAS PLATONO ĮSTATYMUOSE

Author(s): Vilius Bartninkas / Language(s): Lithuanian Issue: 3/2015

This paper explores the meaning of religion and piety in Plato’s Laws. A discussion of contemporary scholarship shows that currently there is a trend to emphasize ethical innovations in Plato’s later thought without discussing its relation to religion. However, an analysis of the key foundational narratives of Magnesia reveals that religion has a substantial role in the dialogue. Plato rethinks the meaning of piety in his last dialogue. On the one hand, he criticizes the traditional Greek religiosity by providing a way to reconcile the performative and the rational devotion to gods. On the other hand, piety is incorporated in ethical theory as a key structural component. Thus, piety emerges as one of the most fundamental ideas in the political project of Magnesia.

Legum omnes servi sumus, ut liberi esse possimus

Author(s): Arūnas Acus / Language(s): Lithuanian Issue: 02/2014

Review of: Arūnas Acus - " Legum omnes servi sumus, ut liberi esse possimus" by Cicero "Pro Cluentio" 2014 metais baigėsi Europos socialinio fondo finansuotas projektas „Kriminalinės justicijos recepcija visuomenėje“. Vienas šio projekto rezultatų yra monografija Kriminalinės justicijos supratimas visuomenėje (išleista Vilniaus universiteto leidyklos lietuvių ir anglų kalbomis), kurios analizuojamų problemų ratas atliepia šiuolaikinės Lietuvos visuomenės kriminalinės justicijos vertinimo poreikį. Knyga yra aktuali ne tik mokslininkams, bet ir Lietuvos visuomenei.

CRIMINALIZATION OF CORRUPTION: PHILOSOPHICAL AND LEGAL FACETS

Author(s): Aleksandras Dobryninas / Language(s): English Issue: 90/2016

The article discusses philosophical, historical and social issues of corruption. The authors analyse the peculiarities of perception of corruption in different paradigms of criminal justice: classical, positivistic, and constructionist, as well as its respective interpretation in terms of vice and sin, wrongful conduct, or conflict between public and private interests. The analysis presented allows to conclude that criminalization of corruption has its own legal logic and reflects existing social cultural context, and due to this reason cannot be considered to be a universal instrument of dealing with conflicts between public duties and private interests.

РЕКОНСТРУКЦИЯ ИДЕЙ АРИСТОТЕЛЯ В ИСТОРИКО-ФИЛОСОФСКОМ НАСЛЕДИИ ГАНСА КЕЛЬЗЕНА

Author(s): Anton Didikin / Language(s): Russian Issue: 2/2016

In a short note, the author outlines a series of Hans Kelsen’s studies dedicated to Ancient political thought, esp. his The Philosophy of Aristotle and Hellenic-Macedonian Policy. He believes that these relatively neglected minor studies of the famous philosopher of law could still be of interest to contemporary classicists and historians of philosophy.

БЕСПРАВНОЕ УЧЕНИЕ. РАССУЖДЕНИЕ О ФИЛОСОФИИ ПРАВА В. С. СОЛОВЬЕВА

Author(s): Sergey Shevtsov / Language(s): Russian Issue: 2/2016

The article considers the existing issues of Vladimir Solovyov’s law philosophy. The author uses a recent monograph by Y. Pribytkova on the same subject as a starting point. In this monograph its author attempts to show the historical and philosophical aspects of the doctrine of this great Russian philosopher, while her denial of the basic Solovyov’s arguments significantly lessen the value of the overall inference. The present writer suggests an alternative approach: instead of picking out individual points of the doctrine or keeping it as a whole, I prefer to start from the current legal issues and isolate those elements of Vladimir Solovyov’s doctrines that could become the foundation on a modern philosophy of law. The author concludes that such elements are of high importance for both law and the connection between law and personality.

ПРАВО И НРАВСТВЕННОСТЬ В ПАРАДИГМЕ СОВРЕМЕННОЙ ЦИВИЛИСТИКИ

Author(s): Farida Ildarovna Hamidullina / Language(s): Russian Issue: 2/2016

The problem of relations between law and morality is an essential and integral part of the theoretical foundation of modern civil law. The aim of the paper is to examine the relation between law and morality from the paradigmatic point of view. To achieve this goal, the following objectives are set: to define the category of “paradigm”, “legal paradigm”, and “paradigm of civil law”; to consider the relation between law and morality from the standpoint of civil law paradigm in different periods. The conclusion is made that the paradigm is a research position of the scientific community in relation to the surrounding world. The legal paradigm seeks to express a certain perception of the world and reflects the generated way of understanding justice and effective regulatory effects on social relations. The paradigm of civil law is a particular way to the scientific vision of civil rights, which enables common civil law in the context of culture. The paradigm of civil law has changed due to the dramatic changes in the socio-political and economic life of society. Thus, in the paradigm of civil law of the Soviet period, which rejected the division of the right to private and public and asserted the absence of private property, there was a strict demarcation line between law and morality. Currently, shifting of the efforts towards identification of the underlying relations between law and morality due to the changes in the civil law paradigm associated with the declaration of private law principles and their implementation in the public consciousness takes place.

SİYASET VE AHLAK İLİŞKISI

Author(s): Elnur Hasan Mikail,Ferhat Ateş / Language(s): Turkish Issue: 11/2011

Tarihten günümüze, iktidar erkini, otoriteyi elinde bulunduran, bir diğer deyiĢle; yönetilenler hakkında karar veren, onların uymak zorunda olduğu yasaları belirleyen; kiĢi-ler, kurum veya kuruluĢlar, bu erki kullanırken, yönetilenlerin; değer yargılarını, yaĢam tarzlarını, kaygılarını, sosyo-kültürel ihtiyaçlarını kısaca; ilgili kitleye, devlet-toplum olma özelliği kazandıran bütün dinamikleri, göz önünde bulundurmak, siyasi kararların, üretilecek çıktıların merkezine, gerçek anlamda toplumu yerleĢtirmek, Ģüphesiz uzun soluklu siyasi baĢarılar ve bunun yanı sıra, insan içkin onuruna yakıĢan, ahlaki bir siyaset anlayıĢının da her an var olmasını sağlayacaktır. Böyle bir sonuca varmak için, yönetim anlayıĢında, ahlak kurallarının uygulanıp uygulanmaması, önem derecesi yüksek bir belirleyici ölçüt olmuĢtur. Nitekim kiĢiliğini, benliğini, özünü ve iradesini denetleyemeyen ve idare edemeyenler, idaresine talip oldukları toplumları ve memleketleri de idare edemezler çünkü ahlak insanın kendisini idare etme sanatı ise siyaset de toplumu idare etme sanatı olarak tanımlanabilir.

Is freedom worth the risk? – Liberalism and the challenge of Dostoyevsky

Author(s): Eno Trimçev / Language(s): English Issue: 16/2017

Most contemporary liberal thought is concerned with the institutional framework within which we may live our lives. It is, therefore, a mundane or earthly thought, i.e. it renounces what it derisively calls metaphysical speculation on the good life. I want to argue here that the mundanity of liberal thought hinders its understanding of the liberal order. The kernel of truth of that order I take to be (still): the transcendent dignity of human beings. Since the old philosophical vocabularies that established this dignity are now regarded as obsolete, I indicate with this term merely that an individual person is more than what she presents herself to be; that the person is more than the sum of experiences, achievements, comportments, and choices she has taken so far. Contemporary liberal thought must do more than merely acknowledge this –which it often does. It must think it. That is, liberal thought must become metaphysical.

European Philosophy and Its Negative Impact on the Treatment of Animals

Author(s): Dorota Probucka / Language(s): English Issue: 3/2017

In the article, I analyse Aristotle's, Descartes’s and John Rawls's views on the the moral status of non-human beings, and show the negative influence of the views on shaping the human-animal relationship in European culture. The purpose of my reasoning is to demonstrate that in each of these positions there is a problem that boils down to the selection of subjective criteria in the qualitative distinction between the moral status of people and of other animals, and the use of the premises that will prove the previously established deduction. What is common for the position of these three philosophers is the conclusion, that is the conviction that there are insufficient grounds for equal treatment of humans and non-human beings in the sphere of moral life.

Qualification of a Crime as a Part of Modern Reality in Terms of Law and Order and Philosophical Approaches to Its Comprehension

Author(s): Vasiliy V. Marchuk / Language(s): English Issue: 25/2018

The purpose of this work consists of defining the qualification premises of a crime based on modern understanding of law and order reality and methods designed to comprehend this aspect of life. Introduction: Philosophical principles of crime qualification methodology can be defined through their synthetic impact on the cognitive process dedicated to understanding of criminal (deviant) behavior that is reflected in the model of the created in accordance with law and constitution limits. This aspect justifies the attempts to invent new innovative approaches and adjust their usage in the cognitive process of the crime event which is regarded as a specific occurrence in the modern reality in terms of law and order. Such events need to be adequately assessed by lawyers and all those whose competence includes the right to give an estimate with regard to such events. Methodology: The study in question was conducted in accordance with the principle of methodology pluralism, which means that multiple methods were deployed while planning as well as doing the research. The methods used include such as dialectic, natural law, hermeneutic – phenomenological, structurally – functional, and epistemological explication approaches. Results: The philosophical and methodological premises, or principles, that play a major role in the attempts to qualify a crime have a special meaning, namely a meaning of the postulating ideas that are often viewed as directing the cognitive process and are buttressed by the main branches of philosophical knowledge: ontology, axiology, and epistemology

Структура на съдебната реч. Реторически дискурс на обвинителната и защитната реч

Author(s): Ivan Tsanev / Language(s): Bulgarian Issue: 4/2016

As a result of this study, this article presents the reader, in a summarized way, the structure, compositional elements, logical and rhetorical content of the judicial speech, in particular prosecution and defense speech, from the standpoint of philosophy of law. The question of equivalence and application of ethics, morality and truth in the law is up to date from Antiquity to the present day. These moral categories can be analyzed in depth mostly by philosophical science, with the help of its constituents – ethics, aesthetics, rhetoric, logic. It is sufficed to recall the Roman maxim – In jure veritas (At right is the truth). Accordingly, the search for truth, evidence, reasoning and ways of arguing are the leading ideas and major themes of the analytical text.

Essay on the manner of understanding truth in criminal proceedings

Author(s): Małgorzata Żbikowska / Language(s): English Issue: 30 (2)/2020

The subject matter of the article is a short reflection on the concept of truth in criminal proceedings. The author raises the question about the manner of understanding the truth in a criminal trial, as well as about the relation of truth to proof and probability – are such concepts compatible, mutually exclusive or differentiated in terms of categories? As a result of such contemplation, the author decided that the text of Article 2 § 2 of the Code of Criminal Procedure concerning material truth – in view of the today’s criminal law scholars and commentators – is similar to the concept of ontological truth, i.e. the understanding of truth in a way that does not refer to the state of affairs only (ontic truth), but also to the statements and judgements made with respect thereto. Such an understanding of truth also allows one to acknowledge the fact that the truth and belief that a certain event (that needs to be proven or made plausible) occurred are two different epistemic categories.

Съзнанието като предпоставка за правото и правото като предпоставка за свободната воля

Author(s): Boyan Bahanov / Language(s): Bulgarian Issue: 3/2021

The present study expresses the thesis that there is a direct connection between the development of the consciousness of individuals in a society, the emergence of law, and the formation of free will. First, the article distinguishes between consciousness in the broad sense and consciousness in the narrow sense. The author also presents the different degrees of awareness, which will answer the question, at what level of their development human individuals attain the capacity to coexist in a legal society. Subsequently, the thesis will be argued that, in such a legal society, the necessary prerequisites are created for the formation of free will in the individual.

AnthroHeinrich Beck, Dialogik – Analogie – Trinität: Ausgewählte Beiträge und Aufsätze des Autors zu seinem 80. Geburtstag

Author(s): Bogoljub Šijaković / Language(s): Serbian Issue: 2/2014

Значение на говорителя и конвенционално значение в правните норми

Author(s): Boyan Bahanov / Language(s): Bulgarian Issue: 1/2022

Law is a main source of justice in a democratic society, and as such it must send clear and unequivocal messages to its addressees. Therefore, the question of meaning in the legal vocabulary does not lose its relevance and universality. The present study examines the question of the linguistic significance of legal norms in legal vocabulary, applying an interdisciplinary approach. Joining the thesis that the legislation can be considered as an expression of the legally significant will of the rule-making authority, the legal provisions will be presented as an intentional act. In search of the most appropriate explanatory method, two kinds of theories will be applied in parallel: Paul Grice’s theory of linguistic meaning, on the one hand, and some theories with both textualist and intentionalist orientation, on the other. Subsequently, the communicative maxims proposed by Grice will be related to selected normative requirements related to the language of the normative acts.

INDIVIDUAL, EMPLOYERS AND ORGANIZATIONAL CITIZENSHIP BEHAVIOUR

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 1/2021

The paper aims to analyze the idea of social solidarity from the perspective of legal constraints that characterize the labor relations between employees and employers and the growing need for community involvement of organizations. Therefore, the concept of citizenship-oriented behavior of organizations (OBSs) and the legal concept of subordinating employees to organizations will be at the center of attention. The first part of the article will be about defining the human being through the occupation or profession he chooses to practice (homo faber), we are what we work, and advance to the social dimension of any economic activity, and the second part will analyze these ideals such as altruism, solidarity or prosocial behavior, from the perspective of legal regulations in the labor code that emphasize the subordination of employees to employers who at least at first discourage the assumption of a civic dimension aimed at citizenship of employees. suggested possible solutions to improve these legal relations so that values such as solidarity are more present in the contractual relations between employees and employers in various social or economic contexts.

Rokování, mínění a vytváření obecné vůle u Rousseaua

Author(s): Hana Fořtová / Language(s): Czech Issue: 01/2023

The article analyses the relation between public opinion and public discussion (déliberation) in Rousseau’s work. Some contemporary theorists regard Rousseau as a thinker who rejects the necessity of public debate in political decision-making and deplore the lack of discussion in the process by which the general will is formed. To clarify Rousseau’s position regarding this problem the article explores two paths. First, it analyses the concepts of “general” and “particular” as they relate to interest and will, and the terms used by Rousseau to express the political process: délibération, opiner, voter. The second part reveals how Rousseau understands (public) opinion as an expression of our self-love and why he condemns the creation of particular societies within a political body. In conclusion, we show in what sense déliberation is for Rousseau a necessary condition for the democratic process.

Dobro wspólne w refleksji św. Tomasza z Akwinu a społeczne związanie własności prywatnej w art. 14 ust. 2 niemieckiej ustawy zasadniczej

Author(s): Paweł Lesiński,Małgorzata Łuszczyńska / Language(s): Polish Issue: 12/2023

The authors of the article attempt to analyse the issue of parallels between the Thomas Acquinas idea of common good and the concept of Sozialbindung – notion of private ownership’s responsibility on the basis of German constitution. Main scientific benchmarks are the idea of common good and the concept of human being that are present both in the Acquinas thought and German basic law axiology. In order to fulfill the scientific task as defined above, the article starts with indication of the Acquinas thought importance and its impact on the defining the European social thought. Regarding the intellectual sources of Sozialbindung’s concept the authors used the views of Rudolf Jhering, indicating his high opinion of Acquinas thought as well. The next part of the article contains the analysis of Sozialbindung’s legal aspect on the grounds of art. 14 p. 2 of German basic law. It discusses its connections with the idea of social state and the idea of human being, both emerging from German constitution. The authors indicate the importance of individual’s social existence, which determines its duties towards community. Referring to the German legal thought and Federal Constitutional Tribunal case law the article proves that German basic law does not provide for a notion of limitless private property. Its definition contains immanent limitations regarding its duty to „serve both common good”. Finally, the article proves that Acquinas idea of common good, based on human’s social nature is adopted by the concept of private property limitations in the German constitution. This fact proves its everlasting character, specific for European social thought.

Неопозитивизмът на Хърбърт Харт като опит за ревизия на модерните правни теории

Author(s): Nikolay Alexandrov / Language(s): Bulgarian Issue: 6/2024

This article is devoted to the teachings of the British philosopher, positivist and legal theorist Herbert Hart. Central to the publication is the analysis of Hart’s neo-positivist concept as an attempt to revise the initial premises of legal knowledge. In this context, the question of the British positivist’s distinction between law and morality is examined, as manifested in his reflections on the nature of moral, natural and positive rights. Emphasis is also placed on that basic position in Hart’s theory, according to which empirical argumentation presupposes the existence of legal phenomena only within a system of rules. By virtue of this notion, the state is seen as a collection of officials charged with authority based on legal rules. That is why, in the doctrine of legal Neo-positivism, the basis of the state structure is not the power of a sovereign, as in the teaching of John Austin, but legal rules as a condition for the legitimacy of state coercion.

Съдията: между бодлите на таралежа и фермите за „развъждане“ на право

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 6/2024

The text explores the role of the judge in the process of adjudication and the pursuit of a just judicial decision in the dispute. By comparing the strategies of the fox and the hedgehog, the procedural roles of the judge and the lawyer are distinguished. An analysis of the model of the „virgin“ Judge Medusa and the effect of an overly good judge on the attainability of justice is presented.