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catalogue – 43669
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)


— showed 5 articles from5



Gasparyan Diana

Abstract. The outstanding feature of M. Mamardashvili`s approach to philosophy is his skill of the oral performance. This should not come as a surprise, considering the importance of the concept of consciousness in his philosophical conversations. The very notion of “talking about consciousness” is problematic. This phrase makes no sense, since one cannot speak about consciousness. Contrary to various naturalistic approaches, consciousness is not “something”. However, how does the process of cognition works? Misguided by the ambiguity of the concept, one may consider the consciousness as the transparent medium, which one may not notice being fascinated by the things. Then, as an afterthought, one may try to think about it as an object. Nevertheless, consciousness is never an object, and it does not appear to us at all, although it allows things and the world to exist. The intention of modern philosophical tradition is to convey this intuition. Mamardashvili’s philosophical method where the method of performance presentation is never just a formality, can be regarded as special kind of transcendentalism, which develops essential concepts to supplement this philosophical tradition.
Keywords: Merab Mamardashvili’s philosophy; consciousness; transcendentalism; criticism of naturalism; reflection; criticism of dualism.

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Zheleznov Andrey

Abstract. The main idea of the article is to show how the concept of faith could resolve problem, which is created in modern ontologies. Under the term «modern ontologies» we understand concepts of Latour (ANT), Harman and Meillassoux (speculative realism), Kerimov and Krasavin (heterology). Within the framework of these ontologies, the world is described as a field of unexpected connections between equivalent entities. New participants and relationships are produced and changed by the process of that interaction. The world and its laws are contingent, they can change, and change at any time. Modern ontologies put us in front of an absolutely unknown future and deny certainty in predictions or calculations. Science is no longer able to predict the changes taking place in the world, society, and our identities due to the process of the world's permanent creation from the connections between a multitude of equal participants. As a result, we have a practical problem: it is not clear how to act reasonably in the world, which constantly gets out of control. Therefore, it is necessary to find ways of correlating our actions or our way of living with being given as «any being». The concept of faith brings us closer to the solution of this problem. Based on model of faith of Kierkegaard, James, Derrida, and Bishop, we can treat faith as practical attitude to any future. Faith is an act or activity, which correlate with the object of faith. Faith has a practical nature. And in the same time, faith implies acceptance of any future as a value and a blessing.
Keywords: ontology; difference; contingency; ANT; object-oriented ontology; being; future; faith.

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Political science


Martyanov Victor , Kochkhova Elena

Abstract. This paper considers the problem of the limited resources of extensive modernization and urbanization. The center-periphery polarization between Russian cities is described. The outlines of urban development are explored. City development in Russia is treated through neo-Marxist critical theory. This approach allows 1) to reveal paradoxical contradictions in the current system of fiscal federalism; 2) to raise the question of the reassessment of the cities' status in the state management system; 3) to detect a systemic problem in attempts to implement creative development strategies into peripheral capitalism; 4) to substantiate the importance of the struggle for the right toward the city in order to escape the demodernization's trap. The socio-political and economic specifics of Russian urban development are inscribed into the global context. The fact of interest of power subjects in neoliberal rhetoric is fixed. Limited attempts to pass to a post-industrial urban economy are described. On the base of the issue of fiscal federalism's consequences, the authors justify that maintaining the asymmetric exchange of resources between the federal budget and budgets of the cities contradicts the task of Russian cities' modernization. A structural solution that allow to stimulate the development of the biggest Russian cities under the existing conditions is proposed. It is necessary to withdraw them from the territorial logic of subordination to the regional authorities. This step can stimulate a short-term increase of social and economic inequality; but in the long-term perspective it will create own urban development resources which are related to their human and social capital. A reorientation to new subjects of modernization is proposed as a strategic decision. Decentralization of power, increasing the administrative status of the biggest cities, involving citizens in resolving issues of common good become the main alternatives to the existing demodernization logic of the state.
Keywords: creative city; the right to the city; human capital; decentralization; delegation of authority; local government.

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Kuznetsova Svetlana

Abstract. In this study, the author refers to the experience of India in forming the system of administrative bodies for the protection of human rights, which is based on the federal structure of the state. The article deals with the features of the organization and activities of the National Human Rights Commission and states human rights commissions. The advantages and topical problems of the exercise of their powers on the basis of legal acts and law enforcement practice of the Supreme Court of India and the State High Courts are identified and formulated. The availability and ease of appeals to the human rights commissions, the high popularity of the state commissions among citizens, which leads to the conclusion about the effectiveness of the organization of the human rights body system, considering federal organization is noted. The role of annual reports of the human rights commissions submitted to the government of India and state governments to ensure the latest implementation, protection and restoration of violated human rights is highly appreciated taking into account the necessity of taking action on the results of their study and the need to submit reports on the results of measures taken to the parliaments of the federal and regional level. Significant problems are identified relating to the application of legislation: conflicts in the division of powers between the National Human Rights Commission and the state commissions, as well as the application of their public powers in their activities; lack of financial independence of the commissions, as well as restrictions on the implementation of its functions on complaints of persons in the armed forces. The author formulates possible measures, the use of which will increase the effectiveness of the commissions activity in India and strengthen their status in relations with federal and states authorities. In particular, it is offered to legislate the obligation of the bodies in whose actions the commissions revealed signs of a violation of human rights; to prepare answers to the latter as a result of taking measures aimed at restoring violated rights, as well as preventing of repeated violations. It is also proposed to provide for the participation of the commission in determining the amount of their funding for the next fiscal year by drawing up a calculation with justification of the amount of funding necessary for the effective exercise of authority.
Keywords: federation; protection of human rights in Indian Union; National Human Rights Commission; State Human Rights Commission; distribution of powers; procedure of execution of human rights commission recommendation; competence in sphere of human rights protection.

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Kostogryzov Pavel

Abstract. The article deals with the problem of conceptualization of the social-normative order, which is not directly related to the activities of the State and is most often denoted in legal science by the terms “legal customs” and “customary law”. This type of law arises in the pre-state period, and then coexists with the system of norms created by the State for a long historical period; in some regions it continues to play the role of an important social regulator till now. Analyzing the well-established theory of “customary” law, the author proposes to look at this concept in a new way, revealing a number of theoretical and epistemological problems associated with it. It is shown that the most common definition of customary law is internally controversial; ambiguity and unjustifiably broad application of this concept impoverishes its content. The idea that the law of pre-state societies and those state-organized societies, which have retained legal institutions independent from the state, “consists” exclusively of customs being the result of “multiple repetition” of certain (more or less random) actions, is incorrect. Applying a fundamentally different approach to the typology of law based not on formal criteria, but on the nature of the force that enforces the general bindingness of legal norms, the author introduces and substantiates the concept of community law. It is shown that this term is most relevant to denote the law of traditional society that is not based on the state power’s will, as well as those legal orders that exist in modern societies in parallel with the official law of the State. Its scope fully corresponds to the set of phenomena it designates, and its use helps to avoid the contradictions and misleading connotations that arise from the use of the word combination “customary law”. Based on the factual material provided by legal history and legal ethnography, the author identifies the main structural and substantive features of community law that distinguish it from other types of law, and gives a description of its sources.
Keywords: community law; customary law; folk law; non-state law; law in traditional society; community; legal pluralism; legal anthropology; legal history.

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