Showing 1 - 10 of 11
In this paper the author questions the role of Eugen Ehrlich's sociological jurisprudence for contemporary debates regarding the sources of binding rules that have their (ontological) foundation in societal practices, but whose validity cannot be extracted from these practices. The question on...
Persistent link: https://www.econbiz.de/10014156055
This article explains the philosophical sources of contemporary Russian conservative philosophy, which is blended with exceptionalism, the Westphalian conception of sovereignty, the negation of the universality of human rights, and which is based on the positivist precepts of the prevailing...
Persistent link: https://www.econbiz.de/10014136747
The subject-matter of this article is the “systemacity of law” concept and its methodological feedback. Continuing a series of articles on this subject, the author focuses on the internal rationality of claims about systemic character of law. This rationality is embedded in the legal...
Persistent link: https://www.econbiz.de/10014138205
This paper considers the relevance of the legal conceptions put forward by Eugen Ehrlich and Hans Kelsen to the contemporary debate on human rights and their limits. It is asserted that the conceptions of Ehrlich and Kelsen adopt a multifaceted approach to the law and, at the same time, a...
Persistent link: https://www.econbiz.de/10013001128
The subject matter of this article is the terminology which is used in contemporary law and sociological jurisprudence to denote changes in legal regulation. Among the most fashionable terms are those of globalization and pluralism. In the author's opinion, these two terms indicate diverse...
Persistent link: https://www.econbiz.de/10013087557
This paper analyses the cultural constraints that are factually imposed on the actors of the Russian legal system by the prevailing social philosophy which is characterized by a significant degree of religious conservatism. This conservatism is predictably opposed to sexual minorities and to...
Persistent link: https://www.econbiz.de/10012961425
The author examines the theoretical difficulties of implementing decisions and awards of foreign courts in Russia. Along with the normative conditions of recognizing and enforcing foreign decisions, the author draws attention to the educational background of legal professionals – especially...
Persistent link: https://www.econbiz.de/10013096271
This paper studies the background and guidelines of discussions about the concept of sovereignty and its limits. The paper begins with a short historical analysis of the processes that took place in Soviet Russia that led to the 'parade of sovereignties' in the early 1990s. Afterwards, the...
Persistent link: https://www.econbiz.de/10014173048
In this article, the author examines the socio-legal conception of Eugen Ehrlich and its relation to state law and judicial law enforcement. The attention is focused on the practical implications of this conception on the functioning of judicial systems. Analyzing the criticism raised against...
Persistent link: https://www.econbiz.de/10014148693
The authors examine how the Russian judiciary devises legal policies when adjudicating cases in which religious beliefs are concerned. First, the authors describe the theoretical framework within which research on this matter can be conducted. This framework can be constructed on the basis of...
Persistent link: https://www.econbiz.de/10014152682