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)

Archive

— showed 9 articles from9

Philosophy

Epistemically Responsible Trust in Testimony: Reductionism and Anti-reductionism

Murtazin Salawat
This article addresses the problem of compatibility of epistemic responsibility and trust in testimony when justifying belief. In addition to that it identifies two possible understandings of epistemic responsibility. First, it can be perceived descriptively as a fundamental condition enabling the evaluation of human cognitive activity and its results. In terms of Lorrain Code this evaluate capacity distinguishes humans as active epistemic agents from mere instruments. Second, this concept can be applied prescriptively as a basis for assessing epistemic agents. In this normative sense, motivation by truth-seeking, respect for evidence, and similar virtues constitute essential components of epistemic responsibility. Testimony is defined as written or oral communication transferring knowledge between epistemic agents and examined through two epistemological approaches: reductionism and antireductionism. Reductionism maintains that testimonial knowledge must be justified through other sources, like perception or reliable methods, while anti-reductionism regards testimony as an independent and self-sufficient source of knowledge. The article argues that reductionist positions, particularly in their radical form of epistemic egoism, which privileges only first-person cognition, implicitly reject the possibility of epistemically responsible trust in testimony. Several significant problems are identified in accordance with this view: it establishes unrealistic standards of epistemic responsibility; equates incomparable instances of testimonial trust; and ultimately involves conflating desired beliefs with reality – a fundamental violation of epistemic responsibility itself.
Keywords: trust; cognition; knowledge; epistemic responsibility; responsibilism; reductionism; epistemic egoism; testimony
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Reflections on Saving a Drowning Child: Effective Altruism and Social Institutions

Balashov Dmitry
Emerging in the early 21st century, the effective altruism movement constitutes a contemporary iteration of utilitarian philosophy that has profoundly influenced AngloAmerican thought since the 19th century. A defining characteristic of effective altruism is its pragmatic orientation, presenting itself as a force capable of measurably improving the world through incremental yet ethically structured lifestyle adjustments. This approach has garnered substantial traction in developed societies. Central to the movement is its commitment to evidence-based interventions, exemplified by its adoption of methodologies such as randomized controlled trials – borrowed from medical research – to maximize measurable impact. Efficiency, scientific rigor, and outcome oriented approaches have become synonymous with effective altruism. However, a critical examination of its primary domains of influence (e.g., global health, education, and infrastructure) reveals that demonstrably achieving its stated objectives is far more complex – and often unfeasible – than initially presumed. This article advances an institutional critique of effective altruism, contending that the movement’s focus on narrowly defined problems leads it to overlook the broader structural role of social institutions in shaping the implementation and efficacy of aid programs. The author analyzes traditional social institutions, democratic frameworks, and the institution of state sovereignty, assessing their impact on the feasibility of effective altruism’s initiatives. By synthesizing empirical research, the study identifies key obstacles to reliable program outcomes and argues that the movement’s purported effectiveness remains largely aspirational. The author concludes that verifiable success is achievable only under highly constrained conditions, challenging the movement’s foundational claims about scalable, real-world impact.
Keywords: effective altruism; thought experiment; randomized controlled trial (RCT); social institution; democracy; intrinsic value of democracy; instrumental value of democracy; sovereignty
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Freedom of Speech in Black Mirror: Possibility of Expression and Conditions of Breaking the Communication

Melnikov Alexander
The paper addresses certain philosophical challenges in defining freedom of speech, particularly in light of non-trivial threats to speaker’s liberty as illustrated by contemporary thought experiments and the dystopian television series Black Mirror. Building on John Rawls’s assertion that while the general principle of free speech enjoys broad consensus in contemporary democracies, its precise content and boundaries remain debated, the paper emphasizes that this conceptual ambiguity extends far beyond the question of legal restrictions on permissible speech. In addition to neo-republican and Marxist critiques against reducing freedom of speech solely to issues of legal liability, the article deploys dystopian scenarios to advocate for a broader theoretical framework – one that actively incorporates an analysis of the speaker’s social status, as shaped by the very mechanisms of control, evaluation, and suppression of communication. Notably these mechanisms may persist even when distributed equally and directly among individuals. Drawing upon John S. Mill’s canonical defense of free speech, the author underscores the inseparability of such discussions from the foundational justifications for free speech itself – whether grounded in personal autonomy or the pursuit of truth. Black Mirror serves as a compelling demonstration of how free speech may be restrained not only through overt legal interference, resource deprivation, or arbitrary power imbalances, but also through technological affordances that facilitate speech suppression (“blocking”) or excessively effective evaluation (“social rating”). These mechanisms subtly narrow the scope of what individuals perceive as sociably permissible to express. Moreover, the assessment of a statement’s rationality and alignment with truth-seeking depend largely on the technologies that disrupt communication and the principles governing their use. Communication technologies thus shape freedom of speech not merely at a psychological level but also structurally, reconfiguring social dynamics. The Black Mirror examples further illustrate how the formal right of an individual to speak courageously – despite potential social consequences – fails to negate the fatal impact of flawed technological solutions on substantive free speech. True freedom of speech, understood as an environment in which independent expression retains social relevance, remains vulnerable to such systematic distortions.
Keywords: freedom of speech; “Black Mirror”; neo-republicanism; positive freedom; John Rawls; John Stuart Mill
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Political science

Principle Frameworks of Citizen Participation in the Exercise of Public Authority

Kokotova Maria
This article examines the legal regulation of citizen participation in public governance, explaining certain participatory practices that remain inadequately addressed by existing theories. The study aims to elucidate the underlying logic of citizen participation mechanisms by analyzing federal and regional legislation, as well as municipal legal acts, through the lens of competing theoretical approaches. A comparative analysis is conducted regarding principal conceptions of citizen participation: liberal, which prioritizes participation as a means of safeguarding individual rights; communitarian, which frames participation as a tool for advancing the public interest and fostering social solidarity; and republican, which aligns with communitarian principles but applies exclusively within a republican state framework. In addition to that, a Soviet model of public engagement in state affairs is critically assessed. The study argues that certain participatory mechanisms – such as social commissions and village headmen – require an alternative conceptualization, termed the population’s assistance to public authorities. This proposed framework explains phenomena where citizens are involved not only in decision-making but also in implementation, where participants are appointed by authorities, accountable to them, and remunerated for their engagement. The analysis concludes that the design and legal regulation of participatory mechanisms depend on the underlying conception adopted by legislators. However, no single form of participation fulfills the objectives of all theoretical models. Instead, these conceptions collectively function as legitimizing tools for public decision-making.
Keywords: citizen participation; liberal conception; communitarian conception; republican conception; assistant-based conception 
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Russian Civilization in Theory and Practice: The Founders of the Civilizational Approach and Contemporary Reality

Shaveko Nikolai
The foundational theorists of the civilizational approach – Nikolai Danilevsky, Oswald Spengler, and Arnold J. Toynbee – each advanced distinct visions of Russia’s civilizational features. While their perspectives diverge in significant ways, a synthesis of their views identifies several core attributes, such as 1) autocracy; 2) traditional consciousness; 3) collectivism; and 4) a distinctive Russian soul. However, an examination of contemporary Russian society reveals that many of these postulated characteristics are either missing or have been fundamentally transformed. For instance, although the majority of Russians consider themselves Orthodox, the role of religion in their daily lives is far from decisive, and its significance faints in comparison to its influence in earlier historical periods. Spiritually, Russians largely exhibit traits typical of a modern, secular society. Similarly, collectivism is unlikely considered a defining feature, at least in its traditional forms. Collective responsibility has long been regarded as an anachronism, collective labor (such as the rural commune or the Soviet era collective farm) have virtually disappeared, and the extended family has been replaced with a small nuclear one. While a strong family remains a key value, this assertion is contradicted by high divorce rates; in any case, the patriarchal family structure is relic of the past. Among the classic civilizational attributes, only autocracy – albeit with critical distinctions between czarism, Soviet politburo, and contemporary political systems – and certain resource-dependent economic features find resonance in modern Russia. Consequently, any attempt to define Russian civilization through certain value constants must seriously account for the factor of profound cultural changes which requires reflection and conceptualization. This article suggests that a potential resolution lies in re-conceptualizing traditional Russian spiritual and moral values. Rather than viewing them as immutable characteristics of a historical past that revel a unique essence, they should be considered primarily as guidelines for the future – i.e. as the foundation for establishing a new civilizational model.
Keywords: state-civilization; Orthodoxy; civilizational approach; Russian idea; Russian soul; traditional values
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Law

On the Scientific Status of Jurisprudence

Anisin Andrey
This article examines the ontological and methodological foundations of jurisprudence, critically assessing its unique position within the system of sciences. The study’s relevance stems from persistent unresolved problems in legal philosophy and the consequent fragility of legal science’s methodological underpinnings. Its central aim is to advance a conceptual framework for the philosophical understanding of jurisprudence. The analysis demonstrates that law cannot be reduced either to arbitrary expressions of human will (individual or collective) or to mere reflections of objective natural laws. While the notion of natural law offers profound insights into law’s essence, the article argues for a crucial distinction: what is termed “natural law” is neither strictly natural nor strictly law in the conventional sense. Methodologically, the study draws on Immanuel Kant’s philosophical system and the legal-philosophical works of Sergey S. Alekseev, positing that natural law constitutes postulates of legal reason – those are priori conditions that enable any coherent normative legal judgments. At the foundation of natural law lies the concept of justice, understood as a proportional correspondence between merit and retribution (in both positive and negative dimensions). The article further develops the notion of a priori forms of legal sensibility, comprising 1) the recognition of individuals as moral agents whose actions are evaluable against universal justice; 2) the mandated societal response by authorized institutions upholding this universal standard. Consequently, jurisprudence – along with ethics – is shown to be fundamentally philosophical rather than scientific in its nature; it represents an applied branch of legal philosophy. The study concludes that the historical lack of legal philosophy within Russia’s 20th century intellectual tradition has contributed significantly to contemporary jurisprudence’s methodological deficiencies.
Keywords: philosophy of law; legal positivism; natural law; postulates of legal reason; legal equality; legal justice; universality of law; transcendentalism of law
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The Ancient Greek Triad of Isonomia – Isegoria – Isocratia as the Foundational Basis of the Idea of Legal Equality

Nersesyants Anna
This article examines the ancient Greek conceptual triad – isonomia, isegoria, and isocratia (equality before the law, equality of speech, and equality of power) – as an articulation of the principle of legal equality in social relations. The author conducts a jurisprudential analysis of these fundamental concepts tracing their origins to the philosophical inquiry into equality in early Greek thought. Central to this framework is the concept of isonomia (legal equality), which forms the triad’s basis, while isegoria and isocratia function as its elaborations. A key focus is the evolution of isonomia from the earlier concept of isomoiria, a fusion of isos (equal) and moira (portion, lot). In archaic Greece, moira denoted a person’s destiny, reflected in distributed shares (e.g. a sacrificial animal’s portion). With the rationalization of the mythological worldview, isomoiria transitioned into isonomia as a normative legal principle, later complemented by isegoria and isocratia. The analysis highlights isonomia’s role as a safeguard against hybris – an ethico-legal category specific to Ancient Greece, signifying the transgression of divinely or socially ordained boundaries. The study employs libertarian-juridical theory of law as its theoretical framework, positing that interpersonal equality in social relations is inherently legal in nature, with its substance shaped by the historical and juridical context of a given society. By situating the Greek triad within its intellectual and historical milieu, the author demonstrates how studying the philosophical origins of equality deepens our understanding of law’s essence: the imposition of a universal and equal measure on human freedom to ensure justice in social interactions.
Keywords: legal equality; freedom; democracy; Ancient Greece; philosophy of law; isonomia; isegoria; isocratia; hybris; slavery
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Legal Gap, Legal Conflict and the Open Texture of Law: Herbert Hart’s Conception of Legal Indeterminacy

Kasatkin Sergey
The article present a distinctive analytical perspective on the doctrine of legal indeterminacy and judicial discretion as formulated by the eminent British legal philosopher Herbert Hart. Its primary objective is to examine how the constitutive elements of this doctrine – notable for its linguistic specifics and interpretive controversies – intersect with the traditional jurisprudential concepts of legal gap and legal conflict, along with the systematic mechanisms for addressing them. By doing so, the study aims to facilitate a more nuanced application of Hart’s theoretical ideas, while fostering greater coherence in legal scholarship. The article captures the peculiarities of Hart’s methodology, particularly his conception of analytical jurisprudence as a philosophical discipline that is secondary and “detached” from the perspective of legal participants and is opposed to normative jurisprudence and classical legal doctrine. Special emphasis is placed on Hart’s preoccupation with explaining the normativity of law, an orientation that determines his abstract and peripheral treatment of legal reasoning. Proceeding from this interpretive framework, the article elucidates Hart’s concept of law’s open texture – understood as the inherent vagueness in applying legal rules to unforeseen or atypical circumstances. This concept serves as an “umbrella term” which encompasses various types of legal indeterminacy; however, the conflation of the latter with legal incompleteness introduces tensions with Hart’s original agenda and methodology of its discussion. This article further reconstructs Hart’s underdeveloped doctrine of norm-conflicts, a theme largely absent in both his own writings and secondary academic literature, highlighting both its parallels with traditional theories of legal collisions and its theoretical grounding in the broader concept of open texture. Finally, the article examines Hart’s account of judicial discretion as the reasoned selection of a legal outcome that is not pre-determined by existing rules. Contrary to literal readings, judicial discretion in this context avoids negating with conventional methods for overcoming legal indeterminacy, but rather operates as an ultimate supplementary mechanism, enabling rule-following in atipical, unforeseen cases, where normative regulation is insufficient.
Keywords: Herbert Hart; open texture of law; legal indeterminacy; legal gap; legal conflict; legal collision; judicial discretion; legal reasoning; analytical jurisprudence
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Female Criminal as an Object of Study in Praskovya Tarnovskaya’s Criminal Anthropology

Vasechko Vyacheslav
The article examines the intellectual legacy and contributions of Praskovya Nikolaevna Tarnovskaya (1848–1910) – a leading figure in the Russian school of criminal anthropology during the late 19th and early 20th centuries. While historiographical interest in Russian criminological thought has grown, and numerous works have highlighted Tarnovskaya’s pioneering role in the study of female criminality, key aspects of her theoretical framework remain underexplored. The analysis focuses on Tarnovskaya’s methodological approach, emphasizing that the she never absolutized anthropometric methods in the study of deviant individuals. Instead she emphasized importance of understanding the offender’s personality, particularly the psychological distortions underlying criminal behavior. In developing her typology of female criminals – categorizing them as prostitutes, thieves and murderers – Tarnovskaya acknowledged its provisional nature, recognizing the need for refinement as empirical data expanded and theoretical models evolved. For Tarnovskaya, the central objective of criminal anthropology was to reveal the hereditary determinants of crime. She argued that a society equipped with precise scientific knowledge of the root causes of criminal thought and behavior would be better positioned to implement effective preventive measures and optimize rehabilitation strategies for offenders. The contemporary relevance of studying Praskovya Tarnovskaya’s work lies in its potential to inform critical assessments of modern criminal justice and penitentiary systems. By identifying systemic shortcomings and advancing evidence-based reforms, her insights may contribute to the development of more rational and effective approaches to crime prevention and correctional practices.
Keywords: criminal anthropology; Praskovya Tarnovskaya; anthropometry; hereditary causes of crime; female criminal; criminal proceedings; penitentiary system; crime prevention
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