Genesis: Historical research
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MAIN PAGE > Journal "Genesis: Historical research" > Contents of Issue № 04/2017
This issue is currently being formed. All articles presented on this page have already been included in this issue, are considered published, and will remain unchanged in the final version of the issue along with other metadata of the articles.
Contents of Issue № 04/2017
Academic schools and paradigms
Gorban' V.S. - Formation of sociologically oriented legal teaching of Jhering (final chapter) pp. 1-19

DOI:
10.7256/2409-868X.2017.4.22551

Abstract: The subject of this research is the problem of formation and theoretical-methodological arrangement of Jhering’s sociological approach to law. The establishment of sociologically oriented legal theory of Jhering is being traced based on determination and examination of the specific theoretical and methodological constructs with consideration of the gradual immersion and improvement of his legal understanding towards the integral sociological oriented legal worldview. The article reviews the problem of formation and application of the original methods of legal knowledge and legal understanding (structural-descriptive functional analysis of law alongside empirical-analytical research, description of social legal reality and factors of social development, the crucial of which is law) in composition of the Viennese and Göttingenian periods. The scientific novelty consists in analysis, revelation, and characterization of the certain theoretical constructs and implemented by the thinker methods that in assemblage define the legal theory of Jhering as one of the first sociological theories of law. The conclusion is made that Jhering’s sociologism was being formed as anti-legalistic ideology aimed at transition from the study of law as a normative system towards the explanation of law using the category of social reality and various mechanisms of realization of sociality by the virtue of law (law as a factor of social stability, social identification, and social integration).  
History of political and legal doctrines
Gorban' V.S. - Formation of the sociologically oriented legal doctrine of Jhering (the beginning) pp. 20-37

DOI:
10.7256/2409-868X.2017.4.22535

Abstract: The subject of this research is the question of establishment and theoretical-methodological arrangement of the sociological approach to law in the works of Jhering. The establishment of Jhering’s sociologically oriented legal theory is traced on the basis of determination and examination of the specific theoretical and methodological constructs, considering the successive extension and improvement of his legal understanding aimed at the integral sociologically oriented legal outlook. The article reviews Jhering’s attitude towards the historical school, as well as the role of the “jurisprudence of notions” in establishment of his sociological legal understanding. The scientific novelty consists in analysis, identification, and description of the particular theoretical constructs and applied by the thinker methods, which in collectively characterize Jhering’s legal theory as one of the first sociological theories of law. The conclusion is made that the “jurisprudence of notions” was just a theoretical-ideological foundation of the interpretation of law as a structurally organized wholeness, as well as subject by Jhering to substantial modification already in the early large compositions (first volume of the “Spirit of the Roman Law”) from the transition from examination of law as a normative system towards the explanation of law using the category of social reality.
History and Literature
Gegamyan V.G. - To serve the Chief: The Role of Turkish Literature in the Representation of Power During the Presidency of I. Inonu (1938-1950) pp. 38-55

DOI:
10.7256/2409-868X.2017.4.22574

Abstract: After the declaration of the Republic of Turkey former unionists became Kemalists and started the implementation of many modenizational reforms. Though republican government was paying huge attention to the transformation of the society, the results were not the ones anticipated. Westernization touched only small part of the population. Meanwhile, the traditional Turkish society continued to live according to pre-republican socio-cultural settings. In this condition government transformed into an authoritarian regime. Until 1945 Turkish authoritarianism (with clear tendencies towards totalitarianism) stressed the role of the leader of the country. First two presidents - Mustafa Kemal Atatürk and Ismet İnönü – created personality cults in order to make the authoritarian system to work. The construction of the cult was part of communication between state and society. It was implemented through different mediums. One of them was literature. Verbal fabrication of the sacrality of president was a strong way to translate images of power to the masses. “National Chief” Inonu often used this for his cult. Literature mixed Western political art with Turkic/Islamic traditional iconography, which provided more inclusivity and publicity. Using the example of literature in service of National Chief as an illustration of construction of charismatic leadership in authoritarian regimes of non-western societies, this paper demonstrates some of its main features and evaluation. This is extremely important to understand modern day authoritarian tendencies in Turkey and wider Middle East, which use these mechanisms in a way, they did during authoritarian modernization in 20th century. We provided translations of the original literary works, accompanied with more large background.
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