24 (4)
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2024
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catalogue – 43669
ANTINOMIES
Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Issue materials

Law

A Historiographical Review of Psychological Theories of Law

Gorban Vladimir
The article explores historiographical issues related to psychological theories of law, which have influenced political and legal thought for over two centuries. The growing interest in this subject stems from a significant lack of historiographic literature addressing the origins, development, and key trends of psychological theories of law within the broader context of political and legal ideas over the past two hundred years. Existing reviews and specialized studies on psychological theories of law in the history of political and legal thought have, with few exceptions, only occasionally considered psychological approaches to law. Moreover, there has been a lack of independent development in the historiography of this psychological direction within the evolution of contemporary political and legal thought. Addressing this gap requires a revision of our approach to the principles of historical research, as well as a heightened emphasis on original literature, including relevant historical, philosophical, and problem-theoretical reconstructions. Such an approach would facilitate a deeper understanding of the psychological trends in the development of legal thought. Additionally, it is crucial to investigate the genre and thematic characteristics of psychological interpretations of law. The history of political and legal doctrines could greatly benefit from the insights gained through this research, potentially leading to significant refinement and generalization in our comprehension of psychological theories of law. 
Keywords: psychological theories of law; history of political and legal thought; legal historiography; legal sense; general literature; psychoanalysis; mutual recognition; psychology of law; historical psychology
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Law

Human Digital Footprints and Privacy

Mochalov Artur
The article explores the constitutional and legal challenges associated with ensuring the human right to privacy in the context of collecting, storing and utilizing information derived from digital traces. It analyzes the legal nature of human digital footprints and provides classification of their types. The article highlights that the diverse nature of digital footprints subjects them to various legal regimes, all of which emerge from an individual's interaction with digital devices, computer systems, or information and telecommunications network, thereby reflecting the imprint of such interaction. The author argues that digital footprints, in most instances, contain information pertaining to an individual’s private life, a presumption that should be codified in law. Legal regulations governing the use of digital footprints should be grounded in this presumption. The author concludes that current legislation in the Russian Federation fails to account for the unique characteristics of digital traces, resulting in the unrestricted use of information left by individuals online by both security agencies and private companies. Consequently, individuals often lose control over the future of their digital footprints, which the author views as a disproportionate restriction of the right to privacy. While acknowledging that privacy is a relative concept in the digital realm, the author emphasizes it continued significance in protecting individuals from excessive control from external entities, including government authorities. For this reason, the author advocates for legal provisions that prohibit mass digital surveillance of citizens by law enforcement and security agencies, as well as restrictions on the use of digital traces by online services providers. In particular, the article proposes legislating the right of Internet users to prevent the automated sharing of certain information with website owners, as well as the right to refuse the use of recommendation technologies. 
Keywords: digital footprint; information technology; privacy; Internet; big data; personal data; digital profile
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Political
science

The Figure of The Patriot in Contemporary Politics

Zhurbina Irina
The article examines the figure of the patriot in the context of economic globalization, which tends to reshape the concepts of both cosmopolitanism and patriotism. It argues that patriotism emerges in an era dominated by global capital and business as a response from individuals who resist the rise of irresponsible mercenaries and rootless nomads. Within the framework of global mobility, the patriot serves as a counterpoint to the mercenary, rather than to the cosmopolitan, since it is the figure of the mercenary who emphasizes the cosmopolitization of the world. The figure of the patriot is relevant nowadays since it appears to become a key element of a new political paradigm shaped by economic realities. The rise of mercenarism reflects a crisis in the state – historically seen in the ancient polis, the Roman Empire, and Renaissance princedoms – that undermines the foundations of a citizenry willing to defend their homeland. The author argues the resolving this crisis is directly linked to the revival of patriotism, which involves a shift from a self-indulgent pursuit of pleasure to one of social responsibility and civic solidarity. The revival of patriotism is discussed in terms of two projects: the project of love for humanity (Hardt, Negri) and the project for the revival of democratic equality (Panarin). In the first framework, patriotism is presented through the lens of amor patriae, interpreted rather broadly as “love for humanity” (amor humanitatis). Here, the figure of the patriot is presented under various appellations – fighter, republican, revolutionary – each highlighting different aspects of the collective struggle for the ideas of global democracy, achievable only within the republican system. In the second framework, the revival of patriotism is seen as an internal process, stimulated by a “revolution of consciousness”, characterized by several transformative turns that contribute to the formation of both the citizen and the patriot. In this context, the patriot is regarded as a democrat who supports the ideals of social justice and equality within the national territory. 
Keywords: economic globalization; cosmopolitization; mercenary; patriot; patriotism; revival of patriotism; amor humanitatis; revolution of consciousness
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Political
science

Urban Conflicts in Russian Regions: Escalation Factors and Resolution Strategies

Belousov Alexander ,
Davydov Dmitry ,
Kochkhova Elena
The article presents the results of a study examining urban spatial conflicts and their resolution strategies in Yekaterinburg, Novosibirsk, Irkutsk, Ulan-Ude and Kaluga (all – Russian Federation), based on expert interviews and media analysis conducted over the past 15 years. The study identifies the most common interaction models between city authorities, developers, and local activists regarding controversial territorial development projects. Key factors contributing to the success of urban activists are determined, including the formation of protest groups within existing community; mentorship in protest strategies; the escalation of local protests to a citywide scale; collaboration with political structures; the emphasis on the non-political nature of urban conflicts, positive history of protests, and the development of a strong activist identity. The findings indicate that the interaction models between urban activists and government officials are significantly influenced by major ‘constituent’ conflicts that result in victories for the protesters. Contrary to the belief that Russian cities lack effective tools for resolving urban conflicts, the study reveals that, in response to rising civic activism, city managers and developers are adapting their approaches to interact with local residents, often striving to prevent conflicts or reach compromises. The article identifies key strategies for conflict prevention, including the establishment of new advisory committees and various platforms that facilitate dialogue between local authorities and activists. It also outlines the main methods of conflict resolution categorized as autonomous-municipal, political-technological, and corporate – many of which have proven effective. In addition to that, the study uncovers a number of significant challenges that hinder the effective resolution of urban conflicts, noting that new management practices often stem from individual initiatives, typically in response to conflicts that escalate to the federal level. This experience rarely transcends individual municipalities, and tends to lack robust institutional support. Consequently, in numerous cities, government representatives often lack the competencies necessary to respond effectively to urban initiatives. Furthermore, local authorities happen to lack the resources to find compromise solutions. Complicating matters, it is often federal entities who initiate controversial projects, leaving local authorities to manage disputes with protesters. Finally, even when attempts at dialogue and compromise are made, they do not always guarantee resolution, since local activists’ positions may still remain uncompromising, and while the interests of residents who could potentially benefit from the disputed projects may not be adequately represented. The key recommendation of this study is to systematically document and expand the experience of resolving urban conflicts, thereby enhancing the competencies of city managers in those municipalities that have yet to encounter such conflicts. 
Keywords: urban conflicts; social movements; urban policy; protests; civil society; urban studies
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Political
science

Identity Politics in Russian Agglomerations: Krasnodar and Rostov-on-Don Cases

Gashkov Vitaliy
The article investigates identity politics within Russian agglomerations focusing on the largest urban centers in the Southern Federal District – Krasnodar and Rostov-on-Don. In light of the rapid urban environment, the diversity of cultural traditions, and contemporary challenges, research on identity politics in agglomeration spaces has gained significant relevance. The identity politics within these agglomeration is shaped by a sense of belonging to the territory, influenced by historical connections, sociocultural environment, and the surrounding landscape. The primary objectives of this study is to identify the characteristics of identity politics in the Krasnodar and Rostov agglomerations, and to examine the practices employed in formatting agglomeration identity. To gather empirical data, we monitored the official VKontakte pages of the politicians associated with the studied territory, analyzing their speeches that highlight significant events in the life of the agglomerations. Additionally, we conducted an analysis of citizen posts within VKontakte communities that address issues related to identity politics, utilizing big data technologies, specifically thematic modeling. Historically, the Krasnodar and Rostov agglomerations are characterized by their multinational composition; therefore, identity politics should aim to unify diverse identities and integrate them into a cohesive community based on principles of good neighborliness. The study highlights indicators of governmental interest in implementing a territorial identity politics within the examined agglomerations, while also identifying challenges that hinder the effective development of urban regions. One of the main factors hindering the development of agglomeration spaces appears to be the lack of specialized management bodies. Consequently, the agglomeration identity remains underdeveloped in both Krasnodar and Rostov, primarily due to the novelty of this phenomenon for both politicians and the public. 
Keywords: identity politics; territorial identity; agglomeration; Krasnodar; Rostov-on-Don; symbolic politics; big data
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Philosophy

Hybrid Virtue Epistemology for the Philosophy of Science

Khort Mikhail
This article examines the applicability of virtue epistemology within the philosophy of science discourse. It argues that contemporary approaches in the philosophy of science often overlook the significance of subjective epistemic characteristics in scientific practice, tending to focus either on the social conditions of knowledge production (as seen in the Science and Technology Studies project) or on methodological and demarcation criteria (as emphasized in postpositivism project). Meanwhile, the recent value turn in epistemology introduces a subject-centered perspective to the philosophy of science, suggesting that disciplinary boundaries should be understood not only in terms of methodological differences, but also in terms of intellectual virtues cultivated by scientific communities. The relevance of this study arises from the need to employ conceptual frameworks from contemporary epistemology to discuss scientific disciplinary norms that encompass both value and cognitive content. The aim of this article is to propose a method for applying virtue epistemology as a theoretical framework for evaluating the role of scientists’ subjective qualities in the pursuit of scientific knowledge. The author based his research on the hybrid virtue epistemology developed by Heather Battali and Christopher Hookway, which integrates reliabilist and responsibilist perspectives to defining intellectual virtue. This article discusses various levels of intellectual virtue, their impact on scholarly activity, and the conceptual challenges associated with such integration. The main findings underscore the importance of a hybrid approach to different intellectual virtues in achieving scientific objectives, such as obtaining verifiable truths and supporting a shared understanding within the scientific community. Additionally, the study also emphasizes the necessity of considering the values that underlie scientific inquiry, and the influence of personal beliefs on knowledge formation within the scientific domain. 
Keywords: intellectual virtue; relativism; responsibilism; philosophy of science; hybrid virtue epistemology
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