Genesis: Historical research
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MAIN PAGE > Journal "Genesis: Historical research" > Rubric "Academic schools and paradigms"
Academic schools and paradigms
Abdulin R.S. - Theoretical and Legal Grounds for Development of the Intrasystem Judicial Management (1989- 1998) pp. 1-30

DOI:
10.7256/2306-420X.2014.6.13479

Abstract: Article is devoted to teoretiko-legal grounds of formation and development of intrasystem management in modern judicial authority. The author shows a role in it the Law on the status of judges to the USSR (1989), the Concepts of judicial reform in RSFSR (1991) which laid the foundation to formation of modern judicial community and its public bodies. Thereby the author of article emphasizes that bodies of judicial self-government are not that other as a form of self-organization and activity of the third branch of the state activity, one of which tasks is protection of the rights and legitimate interests of judges, a link, the extremely necessary for development of joint decisions on functioning of judicial authority, improvement of the legislation and the statement of the actual equality of judicial authority with other branches of the government by them. The author of article considers formation and development of modern intrasystem management as the difficult many-sided process which was taking place under the influence of social and economic features and a concrete political situation. Thus it selected those methodological approaches which allow, by its assessment, most fully to open the considered subject: dialectic and dialectic and materialistic, system and structural, komparativistsky or comparative, objectivity and historicism in studying of the phenomena, processes, communications and the relations, etc.Scientific novelty is caused by the statement of a problem and that the purposes and tasks defined in article not fully are solved in domestic jurisprudence. Along with research of historical and legal aspects of a problem, the important place is given to theoretical provisions of formation and development of modern intrasystem management, specification of the conceptual framework relating to it. An attempt on the basis of an integrated approach to comprehend process the mechanism of modern intrasystem judicial management with allocation in it and a specification of a place and a role of its public bodies is made.
Rabkin S.V. - Russian Economic School: the Concept of Immaterial Wealth as an Institutional Factor for Formation of the National Model of Economic Security pp. 1-16

DOI:
10.7256/2306-420X.2014.5.13508

Abstract: Formation of model of economic security of modern Russia is connected with reconsideration of its historical heritage. The domestic school of economy in many respects predetermined threats and calls of future development. Economic works, A. L. Ordin-Nashchokina, V. N. Tatishcheva, I. T. Pososhkova, M. V. Lomonosov and many other Russian economists it isn't acquitted forgotten in the conditions of market transformations of the Russian economy, force to estimate an essence of the happening institutional changes differently. The concept of "immaterial wealth" which is put forward by them defines a strategic vector of development of the Russian economy within own model of ensuring national security. Based on a method of historical analogies and the general methodology of the institutional analysis, the scientific hypothesis of historically caused influence of "immaterial" factors on formation of system of economic security of Russia is made. The concept "safety" is connected with accurate definition of priorities of economic development where the purposes of future development prevail over rational perception of economic reality. Actually it is search of "immaterial" factors in the "material" guarantees of economic development characterized by a modern scientific paradigm "rational vs irrational". Permission of this question within the created tradition of domestic school of economy allows to prove a role of strategic branches of economy as most important institute of providing economic security of the Russian Federation.
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).  
Rudnev Yu.V. - Emergence of the idea of the “modern history” in the texts of Lucien Febvre and Fernand Braudel pp. 9-17

DOI:
10.7256/2409-868X.2016.5.20532

Abstract: The subject of this article is the idea of the need for renovation of the French historical science, formulated during the post-World War II period in the texts of Lucien Febvre and Fernand Braudel. In the situation of epistemological instability, originated by the global disastrous events that took place in Europe, they appealed to creation of the “modern history” (nouvelle histoire). The project of the new historical science based on the synthetic approach of the Annales School had to unite the theoretical novelties, which occurred in the sciences about human and society, as well as the scholars who realized them in their works. The scientific novelty of this work consists in the fact that it allows overwieving the established within the historiography opinion, according to which the French “modern history” as a scientific program has emerged in the works of the members of the Annales School referring to the 1970’s. The article demonstrates that the intuitions characteristic for the new “regime of historicity” have emerged significantly earlier (by the end of the 1940’s); and back then represented the coherent and sequential system, which later was developed in the works of Pierre Nora, Jacques Le Goff, and other renowned representatives of the “third generation” of the Annales  School.
Romanovskaya L.R. - Russian Legal Studise at the Age of Enlightenment pp. 31-43

DOI:
10.7256/2306-420X.2014.6.13702

Abstract: It goes without doubts that fact that the legal community always actively influenced development of the state and statehood in Russia therefore problems of quality, systemacities, an ideological orientation of legal education and a level of development of jurisprudence have not only theoretical, but also especially practical value. In this regard the author addresses to sources of the Russian law – by the period of the "Russian" Education when traditions of domestic legal science arose, the western legal ideas were exposed to reconsideration, the foundation of the Russian legal education was laid. On the basis of application dialectic, logical, system, historical and other methods of scientific knowledge, the author comes to a conclusion about need of promoting of legal knowledge and achievements of jurisprudence, and also to increase of the importance of the general legal disciplines (legal philosophy, political and legal doctrines, the theory of the state and the right, etc.) in the course of training of law students.
Pirozhok S.S. - Robert von Mohl: contribution into the better understanding and systematization of the knowledge on state, law, and society pp. 49-60

DOI:
10.7256/2409-868X.2016.6.17534

Abstract:  The subject of this research is the relevant part of the theoretical-legal heritage of the prominent German scholar and politician of the XIX century – Robert von Mohl (1799-1875). The work examines the following aspects: the establishment and genesis of Robert von Mohl state-legal views; his concepts in the area of domestic administration of German Empire; his outlook upon the government’s activity on resolution of the social issues; as well as views upon the place and role of public associations in life of the state and society, character of their interaction and mutual impact. The scientific novelty is defined by the fact that this work is first to perform a special comprehensive research and interpretation of the theoretical-legal heritage of Robert von Mohl. The author presents the biographical facts of the scholar, gives characteristics to his contribution into the development of foreign and Russian science of the police law, as well as underlines the achievement of the German professor in development of the German culture. The article analyzes the Robert von Mohl views regarding the problems of the domestic administration, mechanism of ensuring and realization of the mutual rights and responsibilities of the state and its citizens. Attention is given to the fact that Robert von Mohl was not only one of the first who referred to the issue of social (labor) question, but also formulates the propositions on its resolution.  
Chukaev T.O. - Russian police science represented by: Vasily Nikolaevich Leshkov pp. 84-95

DOI:
10.7256/2409-868X.2016.6.17909

Abstract: The subject of this research is the relevant part of the theoretical-legal heritages of the renowned Russian legal expert of the XIX century – Vasily Nikolaevich Leshkov (1810-1881); establishment and evolution of Leshkov’s state-legal views, as well as his theory of public law. The article gives characteristics to the scholar’s contribution into the development of the theory of police (administrative) law, views upon the peculiarities of the Russian national legal system, essence of the Russian foundations of law, and mechanism of regulation of public relations. The subject and method of research, as well as positioning of the research problem define the scientific novelty. The author makes an attempt of the problem-theoretical reconstruction and interpretation of the theoretical-legal heritage of the Russian police scientist V. N. Leshkov, focusing attention on his study of the questions regarding the role of society within the system of government administration. Until the present time Leshkov’s theoretical heritage did not undergo complex analysis, as the formulated by the scholar concepts did lose their relevance.
Kozinnikova E.N. - Russian police science in persons: Vladimir Matveevich Gessen pp. 96-107

DOI:
10.7256/2409-868X.2016.6.17901

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the prominent Russian jurist of the late XIX – early XX century – Vladimir Matveevich Gessen (1868-1920). The article characterizes the scholar’s contribution into the development of the theory of legal state, as well as examines Gessen’s views upon the importance of transition from the police state to legal state and correlation between the notions of “legal state” and “constitutional state”. The author also reviews Gessen’s outlook upon parliamentarism as the key factor of establishment of the legal state; administrative position of justice as the assurance of adherence to the subjective public rights; and ideas about the security of a person as a component of national security. The subject and method of the research, as well as the positioning of the research problem define the scientific novelty. An attempt is made of the problem-theoretical reconstruction and interpretation of the theoretical-legal heritage of the Russian police scientist V. M. Gessen; this topic has not been subjected to comprehensive analysis until the present time.
Roshchevskaya L.P. - Geneticist P.F. Rokitsky in the history of the Komi branch of the USSR Academy of Sciences (1949-1957) pp. 105-121

DOI:
10.25136/2409-868X.2017.7.23255

Abstract: The subject of the research is scientific and scientific-organizational activity of the well-known geneticist P.F. Rokitsky in the years of forced stay in Syktyvkar in 1949-1957. The earlier unknown facts allow revealing the scale and nature of his project, pedagogical, educational and scientific-editorial activities. His influence on the formation and development of the Komi research team of the Komi branch of the USSR Academy of Sciences is demonstrated. The author examines these facts of the biography of the scientist as participation in the development of several large complex scientific problems, including the organization of work on radiobiology. Methodological basis of the research is the basic principles of modern historical science – historicism and scientific objectivity, as well as scientific methods: source analysis and synthesis, description, the construction of analogies. The main contribution of the author consists in finding out the objective results of P. F. Rokitsky activities with regards to development of the team of the Komi – branch of the USSR, from the perspective of sociology of science. Based on the archive documents the author first analyzed the energetic scientific and organizational and pedagogical activities of P. F. Rokitsky in the Komi branch of the USSR. Identified data prove that the P. F. Rokitsky very quickly got high authority in the team. He made a significant contribution to the study of animal husbandry in the Komi ASSR and the formation of radiobiological research. The study of the documents of the Scientific Archive of the Komi Science Centre of the Ural Branch of the Russian Academy of Sciences allowed to find several large unpublished work by P. F. Rokitsky. Practically, P. F. Rokitsky encouraged Syktyvkar research team towards the "production of knowledge" that allows demonstrating the social position and role of the scientist.
Nikiforova S.A. - E. N. Berendts on police status in the police and legal state pp. 149-161

DOI:
10.7256/2409-868X.2016.6.21066

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the accomplished Russian legal expert of the late XIX – early XX century, professor of financial law – Eduard NIkolaevich Berendts (1860-1930). Special attention is given to the views of E. N. Berendts upon the police status, place of police within the mechanism of police state, role of the police agencies in the legal state; importance of the Constitution in ensuring and adherence to the legitimacy in the process of realization by the police of its main functions. The scientific novelty is defined by the absence within the Russian and foreign legal science of the comprehensive research dedicated to the theoretical heritage of E. N. Berendts. The author uses the works of the scholar that have not been previously translated into the Russian language, as well as the archive materials originally introduced into the scientific discourse. The work is the first to examine the views of E. N. Berendts upon the role and place of the police in the legal state, importance of the normative consolidation of the powers of police officers, role of the Constitution in regulation of the police activity in legal state.
Nizhnik N.S. - Police state – welfare state pp. 183-194

DOI:
10.7256/2409-868X.2016.6.21223

Abstract: The subject of this research is the theoretical heritage of police scientists, within the framework of which welfare and security defined the purpose of the state. Police state as the idea of organization of people’s activity for the sake of public welfare has its past, present, and future. Examination of the history of police state as the political-legal technique of supporting the legal order is heuristically useful for understanding the practices of dominance in modern societies. The modern state that correlates with the discursive and institutional heritage of the police state era in the field of organization and activity of the police, continues to base itself upon the developed by police scientists idea of security, as well as attempts to find new ways for procurement of wealth for best distribution of benefits. The research is built on the principle of historicism, due to attempt towards determination of the dynamics and historical prospect of development of the ideas of police scientists regarding the creation of the welfare society by means of the police state. The foreign and Russian police scientists defined the purpose of the police state as the achievement of the general welfare. The idea of realization of the national welfare and happiness encouraged the development of the philosophy of eudaemonism, which became the ideological foundation of the system of government administration. The attempt to reach the set goal led to the actual neglect of the people’s interests. The inner controversy of the concept of police state substantiated the need for transition from the police state to the legal state.
Nizhnik N.S. - Russian police science: main stages of its establishment and development pp. 764-786

DOI:
10.7256/2409-868X.2015.6.16493

Abstract: The subject of this research is the main stages of establishment and development of the Russian police science. Taking into account the fact that theoretical heritage of the Russian police scientists until present times preserves the ability to enrich the legal science and encourage the search for optimal solutions of the modern problems, the complex analysis of the Russian police science will allow using its scientific potential to a full extent. The author gives characteristics to the three stages of the establishment and development of the police-legal theory in Russia during the period of XVII-early XX centuries. Names of the prominent Russian police scientists and their major work are being analyzed. The author conducts a historiographical review of this topic. The desire to determine the dynamics and historical prospect of development of the ideas of the Russian police scientists on state and law, requires structuring this research based on the principle of historicism. The author characterizes the concept of the police state, legal state, social state, as well as the concept of public-legal relations in the area of government administration developed by the Russian police scientist in the late XIX and the early XX centuries.
Strekalin A.V. - Russian police science in persons: Viktor Viktorovich Ivankovsky pp. 787-800

DOI:
10.7256/2409-868X.2015.6.16412

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Vitkor Viktorovich Ivankovsky (1854-1926); the establishment and evolution of his state-legal views; the scholar’s contribution into the development of the questions on the role and place of the government in the public life of Russia, on the place of the system of administrative-police institutions within the government, on the place of self-governance in the organization of life of the Russian society. The author makes an attempt of the problematic-theoretical reconstruction and interpretation of the theoretical-legal heritage of V. V. Ivankovsky, focusing on the scholar’s examination of the problems of political science and the questions pertaining to the role of the administrative law in regulation of public relations. V. V. Ivankovsky appeared in the Russia’s historical-legal though as a prominent representative of Russian legal and sociological science of the late XIX and the early XX centuries; his theories and methodologies did not lose their relevance till the present times.
Egorov N.Yu. - Russian police science in persons: Ivan Trofimovich Tarasov pp. 801-812

DOI:
10.7256/2409-868X.2015.6.16396

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Ivan Trofimovich Tarasov (1849-1929); establishment and evolution of his state legal views; Tarasov’s concepts in the area of domestic administration of the Russian Empire. The article gives characteristics to the scholar’s contribution into the development of the theory of police and administrative law, as well as I. T. Tarasov’s outlook upon the problems of law enforcement activity, the essence of administrative enforcement, as well as the prospects of establishment of the institution of administrative justice in Russia. Scientific novelty consists first and foremost in the fact that complex problematic-theoretical reconstruction and interpretation of the theoretica-legal heritage of I. T. Tarasov has not been executed within the historical legal science until today. I. T. Tarasov not only determines the problems of the domestic government administration, which found reflection in his works, but also proposed ways and means for their solution. Scholar’s works significantly affected the development of the Russian jurisprudence of the late XIX-early XX centuries and remain relevant under the modern circumstances.  
Gevorkyan D.S. - Russian police science in persons: Vladimir Fedorovich Deryuzhinsky pp. 813-827

DOI:
10.7256/2409-868X.2015.6.16395

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Vladimir Fedorovich Deryuzhinsky (1861-1920); establishment and evolution of his state legal views; realization of the developed by him concepts in the area of improving the regulation of public relations in the early XX century. This article characterizes the scholar’s contribution into the development of the theory of police (administrative) law, his outlook upon the problems of realization of the social function of the government, as well as on the questions of care about poor and prevention of the behavior deviation. The author attempts the problematic-theoretical reconstruction and interpretation of the theoretical-legal heritage of V. F. Deryuzhinsky, which did not have a place within the historical-legal science until today. The study of Deryuzhinsky’s experience and public activity can encourage the search for the effective solutions to the problems of social control over the deviations within the public life, as well as the development of optimal models of prevention of such problem of society in the modern world.
Nikiforova S.A. - Russian police science in persons: Eduard Nikolaevich Berendts pp. 828-843

DOI:
10.7256/2409-868X.2015.6.16389

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Eduard Nikolaevich Berendts (1860-1830). This article gives characteristics to the contribution of the scholar into the development of theory of the police (administrative) law and reviews his outlook upon the regularities of transition from police law to administrative law, upon the problem of determination of methodological foundations of the science of administrative law and its systematization. The author examines E. D. Berendts’ ideas on the regularities of evolution of the system of government authorities, as well as efficiency of the work of the central and local administration and peculiarities of functioning of the government apparatus of Finland as a constituent of the Russian Empire. The author attempts a promplematic-theoretical reconstruction and interpretation of the theroretical-legal heritage of the Russian police scientist E. N. Berendts, which until the current times was not subjected to the comprehensive analysis.
Dergileva S.Yu. - Russian police science in persons: Arkadiy Ivanovich Elistratov pp. 844-859

DOI:
10.7256/2409-868X.2015.6.16394

Abstract: The subject of this research is the relevant part of the theoretical-legal heritage of the renowned Russian jurist Arkadiy Ivanovich Elistratov (1872-1955); the establishment and evolution of his state legal outlooks; his vews upon the essence of the government administration; realization of the developed by A. I. Elistratov projects of government reformations in the Russian state in the early XX century; assessment of the A. I. Elistratov views by the contemporaries and the scholars of the XXI century. For the first time within the historical legal science, the problematic-theoretical reconstruction and interpretation of the theoretical-legal heritage of A. I. Elistratov is carried out. There is no possible way to form the new approaches towards the fundamental problems of the legal theory without taking into account the creative heritage of the prominent Russian jurists, among which is A. I. Elistratov. His works represent such scientific potential that can contribute into determination of the vectors of the state legal development of Russia, as well as the development of the modern juridical science towards the consolidation of the priority of human rights, and recognition of their leading role in modernization of the legal system of the nation.
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