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2020
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catalogue – 43669
ANTINOMIES
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Law

LAW, CUSTOM AND USAGE IN JURIDICAL CONCEPTION OF ALPHONSE X THE WISE

Marey Alexander

Abstract. The article observes concepts of “Law”, “Custom”, “Usage”, and “Fuero” in the “Siete Partidas” of Alphonse X the Wise, a king of the Castile-Leon Kingdom from 1252 to 1284. In the first part, the author gives an overview of the legislative situation in the Castile-Leon Kingdom just before the reign of Alphonse X. He stresses that the king would justify the tremendous territorial gains made by his father, Fernando III, and Alphonse himself. Thus, the composition of one of the largest law codes in Europe was a part of his costly and full project. The second part of the article contains some explanations about the concept of “custom” in the Alphonsine legislation. The author analyses procedures of apparition of the custom, its being, and cancellation. The author gives particular place in his theory to the Roman Law, or, more precisely, to the Ius commune. Finally, the third part of the article contains translation into Russian of two first chapters of Partidas.

Keywords: Alphonse X the Wise; Castile; Partidas; law; custom; usage.

 

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POPULIST CONCEPT FOR PROTECTING HUMAN RIGHTS IN THE CRISIS OF CONCILIATORY POLITICAL SYSTEMS

Rudenko, Victor

Abstract. The article reveals content of the modern crisis of the conciliatory political systems and the growth of populism caused by it. According to author’s opinion, the crisis of the conciliatory political systems is determined by the following factors: the elitist character of the modern democracy; traditional political parties’ loss of the interest’s representation function; transformation of the social structure, in particular, the appearance of precariat and other social groups with unprotected rights. The author sees these processes in the context of the recent dominance of such type of rationality as neoliberalism. He shows how neoliberal politics contributed to the destruction of the foundations of liberal democracy, and the formation of a populist scenario of protecting the rights of citizens. He characterizes the main features of this scenario: anti-elitism, ethnic nationalism, and political egocentrism. The author argues that the disadvantage of such strategy is shifting the focus from the universal concept of protecting human rights to the particularistic concept of protecting the rights of “people”; restriction of the rights of social groups that do not correspond to the concept of “people”; democratic extremism and authoritarianism. In the author’s opinion, and in connection with the growth of the populist threat, it is necessary to find ways to reconcile the interests of all social groups in modern society.
Keywords: rconciliatory political system; liberal democracy; neoliberalism; populism; human rights; “people”; “people's rights”; anti-elitism; ethnic nationalism; political egocentrism; democratic extremism; authoritarianism.

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