ru
en
24 (3)
Issue
2024
Archive
Subscription
Free subscription at
the electronic version of journal
Subscription index
in the Russian Post
catalogue –
43669
about
general Information
editorial board
regulations of peer review process
open access policy
archive
authors
archive
for authors
submission guidelines
publication ethics
contacts
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)
On the Research Methodology for Institute of Joint Performance
Martyanova Elizaveta
The increasing number of joint performances, as opposed to individual efforts, leads to the need for a focused approach of legislators, the scientific community, and law enforcement officers to developing effective legal regulation for the relations of co-actors. However, the methodological tools for studying the designated institute are used inconsistently, lacking consideration for the inherent nature of the object under study. The work aims to identify the prerequisites, directions, and limits of applying cultural, sociological, and economic analyses of law to the study of the institute of joint performance. It is proved that the culturological analysis is geared towards revealing the naturally evolved practice within a particular sphere of life, derived from the cultural codes. The article reviews key areas of cultural analysis of law. It is revealed that the study of artistic texts, cinematographic works, judicial acts, texts of agreements, as well as customs and traditions used by co-actors in the joint creation of performance results, is an effective tool for selecting the appropriate normative structure to frame these relationships. The use of tools from cultural analysis is positioned as a necessary stage in the study of the institute of joint performance due to its original genetic affiliation to cultural phenomena. As part of the sociological analysis of institute of joint performance, it is proposed to use such techniques as secondary data analysis, questionnaires, expert surveys, content analysis, and SWOT analysis. The need to study institute of joint performance through the application of tools of economic analysis of law, including the theory of incentives, the theory of performance optimization, and normative economic analysis is argued. It is concluded that the use of cultural, sociological, and economic analyses of law will enable the identification of limits and boundaries of state-legal intervention in the field of art. The use of this triad of methods should precede the application of special legal methods.
Keywords
:
cultural analysis of law, sociological analysis of law, economic analysis of law, joint performance, performing artists
Download article
TPL_IPL_ARTICLE_PDF