Showing 1 - 10 of 19
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/10010714130
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/10010714141
This paper examines the correlation between the concepts of sovereignty, human rights, and democracy in Russian legal and political debate, analyzing this correlation in the context of Russian philosophical discourse. It argues that sovereignty is often used as a powerful argument which allows...
Persistent link: https://www.econbiz.de/10010720473
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/10010720494
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/10010720503
The sui generis database right was added to copyright protection of databases in the Russian legislation only in 2008. In December 2010, new draft amendments to the RF Civil Code were published, substantially developing this regulation. This article examines the position of the Russian...
Persistent link: https://www.econbiz.de/10010714134
The emergence of so-called “free” or “open source” software and the growth of its economic importance in various industries makes questions regarding the legal status of free/open source licenses especially important. In December 2010 new draft amendments to the Russia’s Civil Code...
Persistent link: https://www.econbiz.de/10010714142
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/10011213883
This paper examines the meaning of the words “expertocracy” and “expertocrat”, and, based on the general theory of expertise, shows that the activity of expertocrats has nothing in common with the activity of experts, and that expertocrats adopted the word “expertise” from...
Persistent link: https://www.econbiz.de/10010726417
This paper aims to analyse the philosophical premises on which the idea of unity of law (identity of legal system) is based. In the history of legal philosophy this idea found its main arguments in the presumption of totality of legal regulation. Such totality translated the philosophical tenets...
Persistent link: https://www.econbiz.de/10010757253