24 (1)
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2024
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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 3 articles from9

Political science

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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