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2023
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catalogue – 43669
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

Emil Michel Cioran: Dethronement of Illusions of Human Existance

Malyshev Mikhail

The article is dedicated to the investigation of illusions in the work of Emil Cioran – French thinker of Rumanian origin. Cioran calls himself a skeptical, but his skepticism could not be reduced neither to negation nor to simple doubt; it includes the aspiration to lucidity and, therefore, to the multiplicity in the comprehension of human life. As a skeptical thinker, Cioran reveals several fundamental illusions, inherent to the human existence: the obsession by glory, the utopian persecution of the radiant future, and dethrones some prejudices related to the problems of death and suicide. According to Cioran’s existential skepticism, ontologically, non-being has the same rights as being, because anything that exists eventually is doomed to oblivion. Hence, he is warning about hasty and categorical judgments, as well as about attempts to construct universal philosophical systems. Cioran’s philosophy presupposes the desire to consider antipode of all phenomenon and to keep the principle of priority of existential doubts over unquestioning faith. According to the thinker, a man is thrown into being and doomed to sufferings against his will, but his sufferings are compensated by the privilege of being, i.e. to be the chosen one, capable of knowing joys and sorrows of life.
Keywords: skepticism, illusion, paradox, existence, recognition, glory, utopia, post-history, death, suicide.

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Anti-modernism: Traditionalism, Fundamentalism and Conservatism

Tovbin Kirill

Abstract: the article discusses and compares main current trends of the resistance to Modernity. The article contains ontological consideration of the problem, which contemporary sociology of religion characterizes as post-secularization, or re-secularization. It is the process of external resuscitation of traditional spirituality and archaic religiosity. Present galvanization of religion and tradition has three formats: traditionalism, religious fundamentalism, and conservatism. Despite the morphological proximity, these spiritual movements differ substantially; they have different goals and different forms of consciousness and mentality of their adherents. Based on the methodology of the Traditionalist school, the author compares these movements in relation to the main link of the domain – Tradition (Full, or Sacred Tradition, which is called by traditionalists from the capital letter; it is distinguished from the popular cliché of tradition as existing civilizational inertia). The semiotic similarity of tra-ditionalism, fundamentalism, and conservatism in opposing secularism is revealed, as well as fundamental differences in the perception of the structure of traditional spirituality. The place of three trends in post-religion viewed as simulative postmodern spirituality is considered. Such mental phenomena as fanaticism and utopianism are mentioned in the article.
Keywords: tradition, Modernity, post-modernity, traditionalism, conservatism, fundamentalism, pseudo-traditionalism, secularization, Sacred, spirituality.

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Loneliness as Existentiale of Ancient Philosophy (from Hesiod to Aristotle)

Gagarin Anatoly

The article examines the ancient roots of Homo Solus, a lonely man. First, antique Homo Solus manifested himself in the form of negative loneliness, the isolation of a person who feels lonely being flawed from his own self, which did not allow him to be inside the life of the policy. Such person was either a "bad man", the marginal excluded from the society, or, as king Oedipus, was manly passive antique tragic figure, a loner entering a dangerous path of self-reflection. The second was sublimely positive loneliness, the solitude: it was Homo Solus as the sage, aspiring to achieve identity with higher powers (deities, the goodness), chatting with the essential otherness inside the self. Based on the principle of the "golden mean" and "the measure of everything", ancient Greek sage did not put himself in the center of the universe. He did not identify himself (the I) with the divine, the essence. The intention toward the "golden mean" refers to the consolidation in the phenomenological philosophical topic the ideal of contemplative spiritual dispassionate identification with a perfect entity. The specificity and charm of antique model of the loneliness lies in the following fact: regardless of the opinion of the crowd, a man looking for wisdom is (by virtue of this philosophical intention) oriented toward the "measure of everything". He is located in the middle of everything, in the center of the universe and space (but as in spite of the subjective will of the philosopher, without desire, without passion). The sage is a man who strives toward loneliness and, at the same time, deviates from loneliness. A person becoming an intentional point of self-consciousness has looked into his soul as in a mirror, especially in its divine part, which contains the wisdom as the dignity of the soul.

Keywords: loneliness, phenomenological topic, existential of human being, friendship, wisdom, sage, Ancient philosophy, Hesiod, Oedipus, Democritus, Heraclitus, Socrates, Plato, Aristotle, Nietzsche.

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Destructiveness and Identity of a Personality

Zlokazov Kirill

The article describes the phenomenon of destructive personality as a way of identity formation, implemented by destroying of social structures, which are relevant to the subject. Destructiveness is seen as a form of subject's activity aimed at the destruction of external structures and building of his (her) own structure different from other structural images (identity). Activity in this sense does not exist outside the society. Such activity is recorded in the motivational and regulatory areas and in the self-consciousness in relation to the functions (roles, rituals, and institutions), objects (body, objects, and designs) of the social space. Its asocial character is seen as the exclusion of the subject from the social context, or as the destruction of the society’s structures. Destructive activity leads to antisocial and pro-social effects affecting social functioning entity where a-sociality is a break of the functioning of social structures and institutions through their destruction and alienation of the subject. Destruction is a way of avoiding conflicts, including those associated with excessive appreciation of actualized needs. Pro-social effect leads to the formation of the identity of the subject in accordance with the requirements of interacting social structures and modifying synchronization of identity with the current social experience.

Keywords: destructiveness of personality,  identity, pro-social and antisocial destruction of identity, culture and temporary effect of destructive personality.

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Political science

At the Roots of Spanish Traditionalism: Padre F. Zeballos's case

Vasilenko Yuri

In the article, the author analyzes political and ideological identity of padre F. Zeballos (1732-1802) – one of scholastic philosophers who stays at the roots of modern Spanish traditionalist political ideology. The author demonstrates the multipartite character of Zeballos` political and ideological identity and reveals its three components: liberal-conservative, traditionalist, and, potentially, right-radical conservative. Through the interpretation of the main Zeballos` opus «The False Philosophy» the author concludes that Zeballos`s political and ideological identity is the traditionalist one, and it inclines toward potentially right-radical conservatism. The author`s arguments are based on traditionalist ideological and axiological dominants of Zeballos` political mind (Catholicism and Monarchy), and his calls for the political violation against the philosophers-enlighteners. Using the Zeballos` case, the author constructs a mechanism of the right-radical conservatism and right radicalism, which exists in European Christian countries such as Italy, Spain and Germany, as well as in Eastern European ones.
Keywords: political ideology, political and ideological identity, traditionalism, reaction, European anti-Enlightenment, Spain, XVIII сentury.

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European Union: from Idea of Supranational Sovereignty - to New Western European "Empire": Problems and Prospects of European Integration

Shishkov Vasily

Abstract: The article presents the consideration of the European Union as supranational political entity. The main points of view, which characterize the European Union as an imperial system, and the problems associated with the interpretation of supranational sovereignty, are analyzed. The characteristics of the European Union, which are similar to imperial statehood type, are reviewed: European universalism, political heterogeneity, the emerging system of center-periphery relations, expansionist policy. It is argued that the European Union in its present form can be hardly described as neo-imperial political organization. However, it is likely that after overcoming the consequences of the financial and economic crisis and strengthening the prerogatives of the EU (and thus the influence of the founders of the Union), a neo-imperialist system would become closer to a completed form. It is necessary to consider this statement when shaping the foreign policy of Russia.
Keywords: empire, the European Union, European integration, neo-imperial conglomerate, supranational sovereignty.

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Consumer Society and Death of Postmodernism

Davydov Dmitry

Abstract: the article analyzes relationship between the concepts of «consumer society», «risk society» and «postmodernism». Industrial economy promotes the growth of consumption by creation of new desires. However, excessive consumption leads to global risks such as environmental pollution. Some theorists suggest that overcoming of global risks is possible only through the struggle against capitalism and by creation of «new society» bonded by universalistic morality of some sort. The author expresses his disagreement with such radical thesis. In contrast to «the radicalized», the author suggests that modern society includes several self-renewal mechanisms. The main problem of the modern society is not consumption, but postmodernist area of simulations. Simulations (primarily in media) inhibit social reflexivity. Postmodernism is an area of illusions where actions lose their «real» consequences. Nevertheless, postmodernist simulations would be destroyed automatically when «world citizens» face a real risk of death. This threat would encourage seeking new solutions of global risks, which is possible within the existing social system.
Key words: risk society, consumer society, postmodernism.

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Law

Paradigmal Background of Discourse on Absolute and Utilitarian in Criminal Penalty

Korsakov Konstantin

Abstract: the article is devoted to detailed review and analysis of scientific attitudes shared by the majority of scientists concerning the question of the nature, purpose and objectives of criminal punishment. The reasons and main features of two dominant approaches to criminal penalty as socio-legal institute – the absolute and utilitarian – are pointed out. The attention is drawn to the fact that conceptual frame of absolute doctrines of criminal punishment cannot be reduced only to the rule of the Talion, which presupposes the literal proportionality of punishment and crime. The conclusion is made that contemporary criminal penalty as the predominant resource in combating crime, which keeps the enforced and reimbursable essence, can and should pursue concrete practical goals and objectives. The article focuses on the two-fold nature of criminal punishment as an act of state coercion and resource, when the threat of its use enforces refraining from committing socially dangerous acts. The author expressed reservations about the current possibility to refrain from classic criminal punishment, and instead to use the variety of extra-legal methods of penalty practice, which affect natural human rights and have no borders of the intervention into the area of personal freedom, health and immunity.
Keywords: criminal punishment, paradigm, penological knowledge, retributive justice, retribution, criminal repression, the purpose of punishment, the grounds of criminal punishment, penological doctrine, the essence of criminal punishment.


 

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Questions Related to Designing a Model of Noncommercial Housing Rental in Russian Federation

Usoltseva Natalia

Abstract: the article is devoted to the analysis of the process of designing a new model of implementation of the citizens' rights on housing in the Russian Federation, and to the problem of including a new contract of noncommercial housing rental for citizens of the Russian Federation into the legislation. In the article, several aspects of the draft of the Federal law “Concerning modification of the Housing Code of the Russian Federation and separate acts of Russian Federation regarding legislative regulation of the relations on noncommercial housing rental" are investigated. The previous attempts to include the new institute of housing rental into the legislation of the Russian Federation are highlighted. The presented data illustrates that such an institute might become an alternative to the present rental contracts, and would substantially change the conceptual-terminological apparatus of the Housing code of the Russian Federation. The possibilities of using the non-profit rental contract as a mean of solving the problem of housing of the needy and other categories of people mentioned in the law, as well as its prospective to become one of the main means to meet the housing needs of citizens with low income, are considered.
Key words: housing code, housing rights of citizens, housing rental, non-profit housing rental, non-profit rental contract

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