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Костогрызов Павел Игоревич

Abstract. Studies in legal anthropology have been actively developing in Russia during the last two decades. However, the place of this discipline among the humanities and social sciences is still under discussion. There is no consensus among Russian researchers about the definition of its matter, thematic field, and structure; its conventional categorical apparatus is not elaborated yet. The present-day studies in humanities, particularly in anthropology, are interdisciplinary. On the one hand, this peculiarity opens up broad heuristic prospects; on the other hand, it produces certain epistemological difficulties. The most obvious is the problem of transferability of knowledge from one discipline’s language into another one. Since the legal and anthropological studies are conducted by both law scholars and anthropologists, as well as by specialists in other social sciences, a common language of legal anthropology unambiguously understood by all scientists becomes necessary for ensuring synergy of their research efforts. This requires concerted activity of the whole research community in order to form terminological conventions. It presupposes public discussion with the participation of a broad circle of scholars who represents different fields of knowledge but are committed to the common legal anthropological research agenda. In characterizing the basic methodological approaches coexisting in contemporary Russian legal anthropology, the author outlines the most promising issues, which such discussion could develop. The author's vision of the object, the thematic field, and the structure of legal anthropology is presented as one of possible versions. One of the most promising theories claiming to become the philosophical foundation of legal-anthropological studies – the anthropology of energy – is considered.

Keywords: legal anthropology, methodology of science, paradigm, research approach, anthropology of energy.

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Rykov, Anatoly

Abstract. The article is based on legal comparative and historical methods; it examines the thesis of non-state nature of the lower level of public authority, or so-called “social principles” in the nature of local self-government. At the same time, it is shown that opposition of “social principles” to the state nature of local authorities directly contradicts the notion of local self-government as a form of democracy, and as a way of exercising the power belonging to people. Further, the author proves that public nature of municipal authorities predetermines imperative character of any prescriptions coming from them.
In addition, the article raises issues of interaction between local government and public authorities. Based on the analysis of legal constructions, practice, forms of relations between state and local authorities, the author shows that today the local self-government in fact is the lowest level of a unified state-municipal system of public authorities. Any differences between municipal bodies and bodies of state power due to “specific nature” of the latter cannot be revealed. Consequently, general conclusion concerning the absence of so-called “non-state nature of local self-government bodies” is drawn. Equally, groundlessness of the provision that current federal legislation presupposes any “special institutionalization of municipal power” is shown. The conclusions of theoreticians regarding state and non-state nature of local self-government are studied separately. Basing on these conclusions, the article further examines such terms as “interest”, and “public interest”. It is well-known that classic application of the first term in Russian law is connected either with the interests of the state or with the interests of society (or its individual representatives – for example, civil law often refers to such a term as “legitimate interests of citizens”). The introduction of “public interest” is the attempt to unite two types of interests – private and public, which are different in content.
“Public interest” is not just an interest of society, but also the interest sanctioned (recognized and publicly expressed) by the public authorities. Different levels of public authority transform it into different, even alternative needs. Moreover, a state goal is to find and legally fix mechanisms that would allow building a balance of such interests, subjecting them to the common weal. In this regard, the author concludes that as soon as law objectifies any public interest, it becomes common to the entire system of public authorities, and the balance of these interests is based on the principle of internal noncontradiction. A vivid example proving this thesis is the observance of the principle of permitted use of municipal property including the existence of an exhaustive on-object list of property intended for decision on matters of local significance. However, as soon as this public interest is changed, the rules related to it are subject of simultaneous change; in the above-mentioned case, the corresponding lists were excluded from the federal law. Given arguments, as well as experts' views on correlation of concepts, indicate that the concepts of “public interest” and “state interest” correlate in a whole, as well as in parts; namely, state interest is an integral part of a wider (whole) public interest.

Keywords: state authority; local self-government; public authority; autonomy of local self-government; municipal authority; population of the municipality; non-state essence of local self-government bodies; nature of municipal authority.

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Rudenko, Victor

Abstract. The article shows that human rights protection axiology in the contemporary world is based primarily on the perception of non-participatory (elitist) democracy. That perception presumes that the state bodies make the most important public decisions without active citizens’ participation. Therefore, the policy of interests, which is based on the decisions of majority and on the expression of intentions of the main political activity’s actors, becomes the value dominance in human rights protection. The dominant strategy of the elective state bodies is the constitutionalization of human rights’ norms aimed on their judicial protection. At the same time, citizens perceive human rights as established and bestowed by the state powers. The author argues that the disadvantage of such strategy is the permanent threat of human rights’ restriction coming from the state. In his opinion, it is necessary to prevent that threat not through making the particular institutional improvements, but through appropriating values of deliberative democracy. The author of article provides comparative analysis of the elitist and deliberative democracy values. The article demonstrates that the shift towards an emphasis upon communicative discourse in human rights’ axiology contributes to the development of the new strategy in human rights protection. Such strategy is based on the accommodation and articulation of the interests of public, which perceives human rights as a public good. Based on such assumption, the author describes different forms of manifestation of the deliberative democracy in human rights’ axiology. He underlines the value of citizens’ control and other forms of citizen participation for human rights protection. The author concludes about prospective viability of the participatory model of human rights protection in the contemporary world.
Keywords: human rights, human rights protection, axiology of human rights protection, non-participatory democracy, deliberative democracy, the dominant values of nonparticipatory democracy, the dominant values of deliberative democracy.

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Mochalov Artur

Abstract. The article discussed problematic issues concerning reflection on the ethnic factor in organization of territorial structure of a state. The author analyzes modern approaches of understanding ethnicity, ethnic groups, and their collective rights in constitutional law. In addition, the interrelation between ethnicity and territory is discussed. However, being an advocate of the constructivist paradigm, and considering ethnicity as a result of individual choice, the author recognizes possibility of using the term “ethnic group” as an analytical category in studying political processes relating to territorial structure of states.
It is argued that ethnic federalism and national-territorial autonomy is the result of global tendencies, which have started since emergence of nation-states, rather than a creature of so-called “Soviet” conception of the “national question”. The author states that the European logic of nationalism was transferred into ethnic minorities. Consequently, many minority groups are considered as “home nations”, or “internal nations”. Territorial autonomy of regions inhabited by “home nations” repeats the main features of nationstate, and represents its “light” version. From the author’s view, ethnic federalism and national-territorial autonomy arose in the states with internal ethno-nationalism where regional ethnic elites had strong positions. Reflection of “ethnic factor” in territorial structure of a state is often a compelled compromise between ethnic elites and the government. In those states where there is no internal ethno-nationalism or where the governments have sufficient resources for its elimination (by assimilation, for example) the model of “mono-national” state is usually applied. This model rejects any special status for territorially concentrated ethnic communities or ‘ethnic’ regions. However, today the rise of ethno-nationalism can occur even in 'mono-national' states.

Keywords: ethnicity; ethnic group; state territory; nation; territorial structure of state; multinational state; ethnic-territorial fractionalization; federalism; territorial autonomy; national minorities.

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Durán Armando Zerolo

Abstract. Liberalism appears in Spain at the beginning of the XIX century as a spontaneous popular movement against Napoleonic absolutism. The nation becomes self-conscious; as a result, political modernity comes to Spain. Peculiarity of Spanish political reality is that unlike other countries liberals fight for the establishment of the monarchy of Fernando VII but not against it, how it been, for example, in France. The relations of liberalism with the monarchy give it a very specific character. Ideologically, this is original liberalism because it results from the typically Spanish political reality – “medieval Spanish monarchy” founded by “Catholic kings”, and both moderate liberals and right-wing radicals value it. This political form is a fundamental myth of Spanish liberalism, and is the forerunner of the modern constitutional monarchy. Spanish liberalism is an unrealized attempt; it never obtained its own political body and proved to be incompatible with the masses, which led to the civil war of 1936–1939s.
Keywords: liberalism, Spanish monarchy, sovereignty, modern constitutionalism, XIXth century Spain.

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Politov Andrei

The objective of the article is the comparative historical-philosophical consideration of the category of semantic world introduced in Russian philosophy by
Soviet philosopher V.V. Nalimov, and the category of chronotope grounded in the works of prominent Russian scientists A.A. Ukhtomsky and M.M. Bakhtin. The purpose of this analysis is to uncover and describe the essential philosophical importance of these categories in their mutual intersection. Based on detailed analysis of the main works of V.V. Nalimov and M.M. Bakhtin, the article demonstrates the conceptual unity and mutual similarity of categories of semantic world and chronotope due to the immanently inherent ontological meaning. Categories of semantic world and chronotope characterize axiological and existential fullness of human life, and reveal the essential existential and ethical meaning of individual actions that define the place and role of personality in the structure of the universe. Using historical-philosophical analysis of the wellknown Bakhtin's “Toward a Philosophy of the Act”, which is one of the key works of his early period, the author discloses and justifies existential and metaphysical meaning of chronotope of human existence, in which spatial-temporal unity of the surrounding world is endowed with human values and meanings. Thus, the chronotope of the universe reveals itself as truly human and semantic world, and appears as the arena of the development of individual life, which in turn is revealed as the chain of existential events. Human life is inherently included in the chronotopical semantic wholeness of the surrounding world. Therefore, categories of semantic world and chronotope demonstrate the essential ontological and existential meaning, which allows them to act as the fundamental base for further development of a full-fledged ontology of event, which is one of the most important metaphysical dimensions of contemporary Western European, as well as Russian philosophy.
Keywords: chronotope, semantic world, being, ontology, Ukhtomsky, Bakhtin, Nalimov.

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