24 (1)
Issue
2024
Subscription
Free subscription at
the electronic version of journal
Subscription index
in the Russian Post
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 4 articles from10

Political science

FREDRIC JAMESON'S POSTMODERNIST NEO-MARXISM

Vakhrusheva Evgeniya

In the article, the author tends to outline the main contours of the American political philosopher Fredric Jameson. His key concept of postmodernism as the cultural logic of late capitalism, as well as the genesis of his political and philosophical views, is analyzed. The author argues that Jameson adopts some principles and categories of postmodernist theories of society and culture such as “schizophrenic subject” (G. Deleuze, J. Lacan) and “simulacrum” (J. Baudrillard) and conceptualizes the culture of contemporary society as postmodernist (which distinguishes him from the postmodern theorists who positively or neutrally judge the new trends in the development of contemporary society). Nevertheless, his attitude towards these trends is decidedly critical. In this regard, the author claims that typical Russian political science’s characterization of Jameson’s political philosophy as “Neo-Marxist postmodernism” is incorrect. She insists that it should rather be characterized as “postmodernist Neo-Marxism”, because Marxism is the overall methodological framework for the whole Jameson’s political-philosophical project, whereas postmodernism is just the thematic nucleus of his political philosophy. Thus, to various degrees, most of his political-philosophical conceptions are aimed on the critique of postmodernism and late capitalism, or designed to find a way out the postmodern situation.
Keywords: Fredric Jameson, postmodernist Neo-Marxism, Marxism, postmodernism, late capitalism, cultural logic of late capitalism.

Download article TPL_IPL_ARTICLE_PDF

Law

LEGAL PLURALISM AS PRINCIPLE OF POSITIVE LAW: EXPIERENCE OF LATIN-AMERICAN NEOCONSTITUTIONALISM

Kostogryzov Pavel

Abstract: Legal pluralism became the subject of study in European and American science since late 1960s – early 1970s. Russian jurisprudence began studying it in the 1990s. As a rule, the theory of legal pluralism is criticized from the positivistic point of view. Discourse of legal pluralism is often viewed by the orthodox jurisprudence as “anti-etatist”. The author disputes this opinion, proving that legal pluralism opposes not the state as such, but its particular model, namely, the nation-state of modern and contemporary period. Taken from broader historical perspective, non-state law not so much competes with the state as it supplements and supports the state responding to the same social demands. By the example of Latin American countries’ law systems, the author demonstrates that the principle of legal pluralism has transferred from the sphere of academic discussions to the scope of positive law. Latin American constitutions adopted in last three decades recognize indigenous peoples’ right to live in accordance with their customs, traditions, and forms of social organization, to maintain, apply and practice their custom law. Thus, along with the legal order established by the state another one emerges, being autonomous to the former. The author concludes that “strong” legal pluralism is established in the Constitution of Bolivia of 2009; the “weak” variant is implemented in Guatemala, Colombia, Peru and Ecuador. Hence, legal pluralism has turned from theoretical concept into ruling principle of positive law. In concluding remarks, the author hypothesizes about relationship between the “transformative neo-constitutionalism” and globalization process, as well as about further nation-state transformation.

Keywords: legal anthropology, legal pluralism, Latin America, nation-state, custom law, constitutional law, neo-constitutionalism, community justice.

Download article TPL_IPL_ARTICLE_PDF

TASK OF CONSTITUTIONAL JUSTICE IN THE LIGHT OF JUDICIAL SYSTEM REFORM

Panteleev Vadim

Abstract: The article discusses challenges, which face modern constitutional justice in connection with the reform of the judicial system required by changes in the Constitution of the Russian Federation and constitutional law. Based on the analysis of the results of judicial reform of the nineteenth century, the author concludes that the implementation of the main directions of judicial reform in contemporary Russia will contribute to socioeconomic growth of the state. The development and wide dissemination of the regional bodies of the constitutional justice is able to unload other judicial bodies, to improve the accessibility and efficiency of justice in a whole, and to improve the social and legal protection of citizens.

Keywords: judicial reform; Constitution, court; Constitutional (Charter) justice; right of citizen; consumer interest.

Download article TPL_IPL_ARTICLE_PDF

NATURAL LAW CONCEPT OF INTERNATIONAL LAW

Kudinov Alexey

Abstract: The paper represents an attempt of systematic description of the natural law concept of international law. The essence of natural law principles of the international legal order is analyzed. The author's vision of the modern theory of natural law and its application to international law is presented. The meaning of natural law as one of the main determinants of positive international law directly and indirectly governs its functioning and development is revealed. The author concludes that natural law exists objectively, and the critic of natural law is ungrounded. The classification of natural legal values is proposed. The primary value of natural law due to natural settings of human being and social need is the maintenance of the existence and development of the humankind. Values of the second level are immutable, unconditional basis of society. They are worked out by the society and are not based on the natural environment. They include principles of peace and security. From the historical perspective, the third level is less stable, and, in contrast to other two levels, may vary in the process of social development. The groups of international legal rules, which have genetic link with natural law such as principles of international law, jus cogens norms, and general principles of law recognized by civilized nations are determined.

Keywords: international law; philosophy of international law; natural law; legal determinant; source of lawmaking; positive law.

Download article TPL_IPL_ARTICLE_PDF