Archive

Abstract: Are we condemned to the sterile dichotomy between ethical reason and instrumental reason, and to the alternative of their (impossible) cooperation or their (conflicting) subordination? In the theory of knowledge as philosophy of action, the pragmatist school, while remaining faithful to the experimental spirit of modernity, fundamentally challenges the relevance, necessity or even the reality of such a distinction. First, the article proposes a short description of the pragmatist attitude in philosophy, and then it specifies how John Dewey meant to consider the conduct and the intelligent conduct in particular in terms of situational inquiry by tracing the outlines of a pragmatist conception of rationality. The third section considers the objection of moral relativism often made against theories of rationality, thus questioning the idea of transcendent foundation and origin of evaluating standards of actions. Finally, the theory of the inquiry and the outline of a pragmatist ethics are put in use in a fourth section to clear the nature and certain conditions of the emergence of “publics”, sociopolitical bodies needed to control democratic orientations and decisions in contemporary societies.

Keywords: Dewey, pragmatism, situation, inquiry, rationality as situational inquiry, pragmatist ethics, reflexive publics.

Abstract: The article considers the phenomenon of imagination in terms of cognitive activity. The approach was implemented in the philosophy of the modern time. The author refers to epistemological concepts of imagination, which were developed by Hume, Kant, and Hegel. For the first time in contemporary Russian literature on the history of philosophy and epistemology, the author provides a comparative analysis of these concepts. Both continuity and significant differences are found in the works of the representatives of empiricism and rationalism in classical epistemology. Similarity of the attitudes of both types is presented in the recognition of irrational imagination, as well as in its role in the mechanism of cognition. Difference in attitudes marks the initial statements of philosophers: Hume builds cognitive-psychological version of imagination; Kant creates epistemological-knowable concept of this phenomenon; Hegel includes imagination into phenomenology of spirit. According to the author, the above-mentioned approaches in the philosophy of modernity are potentially important for the ontological, philosophical, psychological, and epistemological interpretation of imagination in nonclassical philosophy. In revealing features and functions of imagination in the mechanisms of cognition, those philosophers used several categories – productive/reproductive, associating imagination, idea-representation, the power of imagination, fantasy, etc. Despite of the obvious role of imagination in the different kinds of cognitive activity, nowadays the epistemological nature of this phenomenon remains unsolved. The analysis presented in the article makes the author to conclude that the reason for this is the denial of the irrational nature of the imagination.

Keywords: imagination; productive/reproductive/associating imagination; rational/irrational; sensual/ rational; classical epistemology.

Abstract: The article shows that in Marx’s texts from all periods of his work there are many categories with the existential semantics; nevertheless, they are not largely considered as significant categories in the terminological thesaurus of Marx’s thought. Such Marx’s key concepts as suffering, passion, sensuality, indifference, inhumanity, dehumanization, bestiality, enjoyment, anguish, joy of life, abomination, etc., remain beyond the analysis of his philosophy. Thus, the article raises the problem of the possibility of constructing a system of existential categories of Marx's philosophy along with a system of social and philosophical categories. The attempts made in the history of Marxist philosophy to take as the basic category of Marx’s existential philosophy such concept as alienation, embodiment, sensuality, need, lack, hardship, life, objectivity, human relationship to the world is considered. The author proposes to use the category of suffering (Leiden), which substantiates a fundamental characteristics of human existence as a human being through his/her partial (compassionate) attitude and the communication (Verkehr) with the world, as the basic concept for the construction of the system of Marx’s existential categories. Moreover, the attempt is made to develop the categorical consistency: suffering – praxis externalization (Äußerung) / assignment (Aneignung) – communication (Verkehr) – indifferent attitude to the world – inauthentic, alienated being in the world (Entäußerung, Entfremdung) –emancipation – true human being (Selbstbetätigung).

Keywords: Marx's philosophy, existential philosophy, system of philosophical categories, original category, suffering, categorical consistency.

Abstract: The article deals with events that took place in the United States after its entry into World War I, and, first of all, with the resistance of the society against the state's participation in the war. It focuses on the American socialists and their leader – Eugene Debs, who was arrested in 1918 and convicted in 1919 on charge of violating “The Espionage Act”. The article describes the process of discussing and passaging of “The spionage Act” a few months after the US entry into the war, as well as the subsequent additions known as “The Sedition Act of 1918”. These laws imposed some restrictions on freedom of speech, and were criticized many times afterwards. In addition, the article contains detailed analysis of the mostly well-known Supreme Court of the United States’ cases related to the violation of these laws – “Debs vs. United States”, “Schenk vs. United States”, “Baltzer vs. United States”, and “Abrams vs. United States”. The article pays attention to the impact on the domestic situation of American Protective League, which consisted of two hundred and fifty thousand patriotic volunteer members who were engaged in informant activities, as well as to psychological and physical pressure over those American citizens who opposed US participation in the First World War.

Keywords: USA; “fifth column”; World War I; socialists; Espionage Act; freedom of speech; propaganda; public opinion; Supreme Court of the United States.

Abstract: The article demonstrates the limits of effectiveness of political advertising using the elements of sexuality in political campaigns in Russia and abroad. Many cases prove that appeal to Eros may be partially effective in achieving destructive goals in the election campaign: carnivalization of the campaign, political provocations, discredit of a competitor, etc. In addition, a soft form of positioning of a politician through emphasizing his/her masculinity or femininity could achieve a good result in between the election campaigns. Such forms of implicit advertising “humanizes” the incumbent and makes him/her closer to the common person. The use of sexuality in positive campaigning during the election campaign almost always leads to devastating effects. Discussion of topics related to sexuality during the campaign causes the polarization of the electorate, or generates frivolous or scandalous image of the candidate. Broad publicity earned due to such provocations does not result in a growth of rating. This fact applies not only to majoritarian candidates who strive to win an absolute majority of votes, but also to participants in proportional elections when the political party relies on the epatage in order to occupy at least a minority part of the political market. As a result, such political technologies are mostly used by marginal political forces. In addition, we could see a clear feedback: the use of such techniques marginalizes every participant of the election campaign.

Keywords: elections, political advertizing, campaigning, political technology, political parties.

Abstract: The article provides a short comparative analysis of the doctrine of constitutionalism in Ukraine in the context of the main tendencies of its development in the contemporary world. Based on the theories of social interaction, rational choice, and game theory, the author concludes that constitutionalism is the result of a spontaneous, stochastic interaction of individuals, social institutions and agencies. Liberal constitutionalism is compared with the liberal-democratic and societal constitutionalism. The conclusion is made that the idea of limits, constraints and control over the government should be added through the expansion of the circle of subjects of decision-making powers at the expense of civil society’ institutions and international organizations. In addition, the model of resource allocation should be revised in the context of the sustainable development of the society, which presupposes the protection of the environment and the responsibility of society, country, and humanity before the coming generations. The content of transnational and supranational onstitutionalism, as well as some trends of globalization of constitutionalism, is revealed from the perspective of multilevel constitutionalism. The article focuses on the need to defend national interests, national sovereignty and territorial integrity in the context of the defense of human rights and freedoms. The growing importance of societal constitutionalism, which is characterized by the de-concentration of power and delegating it to the civil society and to the supranational institutions, as well as the expansion of social rights and the right to development, is emphasized. Constitutionalism is revealed not as an abstract phenomenon, but in the context of the specific dynamics of social processes and phenomena, which reflects specific legal status of the measure of government and public institutions, the level of legal awareness, and legal culture. The author concludes that the dynamism of constitutionalism is embodied in the specific procedures of achieving public consensus on the content of social values, which are provided with the constitutional protection.

Keywords: rule of law, globalization, constitutionalism, liberal constitutionalism, societal constitutionalism.

The article was retracted!

Abstract: The article analyzes the strengthening of the principle of independence of judges on both domestic (constitutional and legislative) and international law levels. The reasons and procedures for the termination of judge’s office established at the legislative level as guarantees for the independence of judges, as well as the right to resign, are considered. The article investigates the reasons for termination of judge’s office, which either grant or do not grant the right to resign. The reasons, which do not imply termination, are the ones associated with committing crime, or misconduct; the violation of the restrictions provided by legislation; intention to change the job; engagement in the activities incompatible with the judge’s status. The reasons eligible for resignation are written statement of the resignation; reasonable excuse or circumstances, which do not depend on judge’s will and do not allow exercising judge’s powers. The possibility to regulate on the regional level reasons and procedures of the resignation of judges of the Constitutional (Charter) Court of the subject of the Russian Federation, as well as the practice of normative legal regulation of the case by the legislator of the Chelyabinsk region, are observed. Such reason for termination of judge’s office as a refusal from the transfer to another court due to the court’s abolition is analyzed. The author concludes that the composition of the judicial facts, which form the legal relations connected with the judge’s resignation, includes the abolition of the court and the refusal from the transfer to another court. Nevertheless, such judicial facts have different meanings. The abolition of the court is the priority (basic) judicial fact eligible for resignation and compensation. The possibility of the transfer to another court in connection with the abolition of the court should be considered as an additional guarantee of the judge’s independence. According to the Chelyabinsk regional legislation, the judge of the Charter Court is considered to be resigned (voluntarily or forcibly) in the case of abolition of the Charter Court. According to the author, it is a “simplification” of the federal legislation by the regional legislator, and the deprivation of additional guarantees of judge’s independence in the form of the transfer to another court. Based on the analysis of Federal and Chelyabinsk regional legislation, as well as of the law enforcement practice, the author concludes that the reasons for termination of powers are sufficiently resolved on the level of the Federal legislation. The attempts of their shaping or adapting on the regional level could lead to a serious decline of the level of guarantees of judge’s independence. Therefore, they are unaccepted.

Keywords: constitutional justice; Constitutional (Charter) Court of the constituent of the Russian Federation; principle of independence of judges; retired judge.

Abstract: The article is devoted to the criminological doctrine, namely, religious approach to the phenomenon of crime and criminal punishment, which resulted from the massive spread of the Christian monotheistic doctrine and transforming religion into universal form of social control. The author shows that religious approach towards crime and criminal punishment, which replaced the rule of the talion and compensatory logic of blood feud established in penal practice, is aimed on the inward spiritual rebirth of the offender. Therefore, it involves clarification and comprehension of the motivations and causes of criminal behavior, as well as goal setting, guilt and mental processes of the offender, which previously were not taken into account by the enforces. The emergence of this concept was an important milestone in the history of the practice of the enforcement of criminal punishment, as well as in the criminological theory. It marked the transition to the assessment of objective characteristics of the criminal act in the interrelation with its subjective characteristics: fault, intent, motives, and goals. The author highlights that the doctrine of repentance has rather wide range of means and methods of the influence over the person who has committed crime. The main ones are the sincere recognition of his/her sinfulness, the inadmissibility of criminal behavior, and the desire to expiate the guilt actively. The article describes characteristic feature of such theological criminological approach as the demonic possession. In the enforcement practice, it appears in the elimination of distinction between criminal act and the intention to commit criminal act. The author shows that the concept of repentance was gradually replaced by classical criminological theory and positivistic tradition due to the secularization of public life.

Keywords: criminological doctrine; penology; criminal punishment; talion; blood feud; response to crime; criminal responsibility; repentance; penal practice.