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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)

Autors

Larichev Alexander

Department of Constitutional and Municipal law, Karelian Branch of RANEPA, Petrozavodsk, E-mail: alexander.larichev@gmail.com

Publications in yearbook
SELF-GOVERNMENT OF ABORIGINAL PEOPLES IN CANADA: CONCEPTUAL APPROACHES AND DYNAMICS OF LEGAL FRAMEWORK

Abstract: The article discusses the features of the development of self-government institutions of aboriginal peoples in Canada. The author analyzes the historical and legal basis of aboriginal self-government, as well as the self-government system of Indians, established under the current law. In the article, the dynamics of constitutional and legal foundations of self-government of aboriginal peoples at present stage are also traced, and the models of self-government institutions development are outlined in accordance with the prevailing political and legal approaches to this issue. The author notes that despite significant positive developments in relation to the scope and content of the right to self-government of aboriginal peoples in Canada including the expansion of those on the other constitutionally recognized ethnic groups – Métis and Inuit, – a number of unresolved problems of both legal and theoretical nature remains. Thus, the forms of selfgovernment of aboriginal peoples need to be optimized taking into account international experience in this sphere.

Keywords: self-government of aboriginal peoples; Canadian experience; legal framework; conceptual approaches.

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Lekanova Ekaterina

Yaroslavl State University named after P. G. Demidov, Yaroslavl, Russia, E-mail: lekanova.katya@yandex.ru

Publications in yearbook
SYSTEM-DETERMINING LEGAL PRESCRIPTIONS

Abstract. In the legal doctrine, there is no consensus on the legal nature and the name of the legal prescriptions that do not establish rights, duties and prohibitions. Some legal scholars call them specialized, and refer to the legal norms, other legal scholars call hem
atypical (non-standard) legal prescriptions, and differentiate them from the rules of law. The article also analyzes the possibility of classifying the entire complex of the studied phenomena as system-determining legal prescriptions. Depending on the function, they can be divided into system-degerming and system-ensuring (system-adaptive). This division is critically commented in the article. The concept of “legal prescription” is broader in scope than the “legal norm”, as it includes the rules of law and the rules on the content, operation, and application of the rules of law (not establishing rights, duties and prohibitions). The rules on the content, operation and application of the law deserve the name “system-determining legal regulations” because they define the limits of the possible content of the law or determine the choice of law when they compete, allow or block the use of certain rules of law. If a “working” rule of law is hypothetically taken out from legislation, its absence will not affect the content or the possibility of applying other rules of law, and can be, for example, filled in by law analogy. In turn, the removal of a legal prescription (that is not a rule of law) from the legislation can «break» the entire branch, subsector or institution of legislation, because either the law will not be «filtered» by content, or unsolvable conflict of laws will arise, or there will be gaps in relation to certain types of legal relationships. System-determining legal prescriptions are divided into those that consist of rules on the content of legal norms (the subject of regulation; principles of law; legal presumptions, fictions, axioms; legal definitions; provisions on the composition of formal sources; provisions on the applicability of the law analogy and the analogy of legislation; the provisions on the subsidiary application of norms of the multisectoral legislation), and those that contain rules on the operation and application of the law (rules on the effect of prescriptions in time, in space, in personal, on retroactivity, conflict-of-laws and operational regulations).
Keywords: specialized legal norms; atypical legal prescriptions; system-determining legal prescription; subject of regulation of the law; principle of law; legal calculations; secondary definitions; generic definitions; presumptions; fictions.

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Leksin Ivan

Department of Legal Foundations of Managment, School of Public Administration, Moscow State University named after Lomonosov, Moscow, E-mail: leksin@spa.msu.ru

Publications in yearbook
Correlation Between Federal and Ragional Form of State Structure: Problems and Solutions

The article deals with some unexplored legal issues of theory and practice of territorial organization of the state. The author reconsiders traditional approach to the definition of federal and regional states (which implies such inductive features, as regional symmetry or asymmetry, as characteristics of federal or regional state in general). In order to distinguish between notions, the author draws direct attention to the conceptual quality of federation, regarding practical features of specific political systems solely as means ensuring this quality. The results of the research allow evaluating contemporary Russia as regional, but not federal state.

Keywords: territorial structure of state, federal state, regional state, constituent unit of federation, territorial entity, autonomy.

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Lesiv Bogdan

National Research University Higher School of Economics (HSE University), Lomonosov Moscow State University, Moscow, Russia, E-mail: forbod@bk.ru

Publications in yearbook
Legal Realism vs Legal Formalism: Justice Holmes’ Judgment
The approach to law elaborated by the distinguished American judge Oliver Wendell Holmes Jr. remains poorly studied in Russia due to several methodological obstacles. One of the problems arises when the study is not preceded by a deliberate conceptualization of legal formalism as a general impetus that prompted the American legal community in 19th – 20th centuries to discuss legal practice from the perspective of new values. The realistic approach to law was not the creation of abstract reasoning, but rather it was a response to concrete manifestations of another approach – the formalistic. Accordingly, the substance of the particular approach (and its cognition) is to a certain extent determined by the substance of the other (and cognition of it – or rather, cognition of its “wrong” elements). Moreover, realists criticized other movements of legal thought, i.e. positivism, natural law theory, and the historical school, also as an expression of a common anti-formalist attitude, rather than beginning a separate dispute with each of them. Another methodological issue relates to such a peculiarity of the American realistic approach as a focus on contemplating the life of common law (or American law), but not law as a universal social phenomenon. Justice Holmes and other American jurists responded primarily to the “practical” judicial formalism in England and the USA, which peaked in the 19th century. Making up for these two omissions is essential for methodologically consistent reference to Holmes’ teachings and is relevant in two aspects: first, for enhancing and clarifying the standard classification of legal doctrines; secondly, it reveals the reasons for specific practical patterns of the development of American law (especially judicial) influenced by one of the most authoritative models of legal thinking. The article aims to clarify the starting points of the American realistic approach to law through Holmes’ works and by virtue of his definition of legal formalism. One of the key questions is what the solutions are that realists proposed instead of formalist practices. The corresponding feature of the article is the emphasis on those Holmes’ pieces which are organically confirmed by examples from the common law, in particular, the free market of ideas doctrine.
Keywords: legal realism, formalism, historical school of law, formal logic, sources of law, common law, judicial law-making, analogy of law, free market of ideas
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Linchenko Andrei

Lipetsk Branch of the Financial University under the Government of Russian Federation, Lipetsk State Technical University, Lipetsk, Russia, E-mail: linchenko1@mail.ru

Publications in yearbook
Commemorations of Cancel Communities in the Context of Digitalization
The article is a theoretical study of the transformation peculiarities of commemorations within modern cancel communities in the context of the influence of digitalization on the ways of recording, storing, reproducing and transmitting collective memory. Based on the constructivism of Pierre Bourdieu and the analysis of the contemporary social movements such as Black Lives Matter and Rhodes Must Fall, the article highlights the main features of modern cancel communities as mnemonic communities: an exaggerated focus on protest as an ideological basis for deconstructing the past, the construction of continuity with historically marginalized groups, the key role of digital technologies, the practical nature of commemorations and the expression of counter-memory, as well as the transnational nature of memory culture practices. Findings from the third wave memory studies underscores the significance of the digital turn in the field of memory research. This is evident in the emergence of new types of mnemonic communities, where the decisive role is played not by common patterns of identity, but by connective networks and hashtag interactions. The use of key concepts of digital memory studies – connective turn, globital memory, digital archive, gamification – as a theoretical framework allows us to identify and analyze the main trends in the transformation of commemorative practices in cancel communities in the context of digitalization. These trends include the amplification of commemorative practices in cancel communities and their unique temporality, the growing importance of the individual participation and mnemonic activism, the internationalization of commemorative practices, the rising influence of latent and passive forms of participation, and the active development of digital archives that serve as an alternative memory institution, focusing on protest forms of representation of the past. 
Keywords: cancel culture, cancel communities, digital memory studies, connective turn, globital memory, digital archive, gamification
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Litzuk Andrey

Nizhnevartovsk State Humanitarian University, Nizhnevartovsk

 

 

 

Publications in yearbook
RUSSIAN PHILOSOPHY OF LAW: FORMATION, RELATIONSHIP, CHARACTER

The article describes the stages of development of Russian philosophy of law and makes distinction between “Russian Philosophy of Law” and “Philosophy of Law in Russia”. The authors demonstrate the value of those concepts for the rise of legal consciousness in Russian society.

 

Keywords: history of philosophy, history of Russian social thought, Russian philosophy, philosophy of law, legal consciousness, law and morality.

 

 

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Lobovikov Vladimir

Lobovikov Vladimir

Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg, E-mail: vlobovikov@mail.ru.

Publications in yearbook
Binary Operations "s' s-being-in-w" and "s's-being-out-of-w" in Two-Valued Algebra of Metaphysics as Formal Axiology: Using these Operations in Discrete Mathmatical Models of Philosophy

Two additional binary operations are introduced in two-valued algebra of metaphysics as formal axiology, namely, the operationsS’s-being-in-W” and S’s-being-out-of-W” determined by two evaluation-variables S and W. Precise tabular definitions of the evaluation-functional sense of the introduced binary operations are submitted. The paper submits a precise definition of the relation of formal-axiological equivalence in the metaphysics algebra and also definitions of notions: “formal-axiological contradiction”; “law of metaphysics” in this algebra. By means of the given definitions within the framework of the constructed elementary discrete mathematical model of metaphysics, the author generates systems of equations and laws, which are explications of the philosophical concepts: “being-of-thing-in-itself”; “being-of-thing-as-such”; “being-in-world”; “being-in”; “being-in-space”; “being-in-time”. In particular, at the level of the model, it is demonstrated that the formal-axiological equivalence-relation of the evaluation-functions “being-of-thing-in-itself” and “being-of-thing-as-such” does not exist; hence, the two are substantially different ones.

 

Keywords: S’s-being-in-W; being-of-thing-in-itself; being-in-space; being-in-time; S’s-being-out-of-W; formal-axiology; algebra-of-metaphysics; evaluation-variable; evaluation-function; discrete-mathematical-model.

 

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PRINCIPLE OF COMPOSITIONALITY IN FORMAL-AXIOLOGICAL SEMANTICS OF NATURAL LANGUAGE OF DIALECTICAL PHILOSOPHY

Abstract: The paper is devoted to the analytical philosophy of natural language of dialectics. This topic is unexpected and new from the viewpoint of dominating tendency of consistent separation of the analytical philosophy from the continental one, and especially from the dialectical tradition. The subject-matter of investigation is formal-axiological-semantics of natural language in general and of the natural one of dialectical philosophy in particular. At an artificial-language level, the author constructs two-valued algebraic model of evaluation-functional aspect of dialectics as a system. Within the submitted algebraic system, the categories “becoming”, “converting” and “transition” (very often exploited by the dialectical philosophers) are represented as evaluation-functions determined by two evaluation-variables. At the model level, it is demonstrated that the classical linguistic principle of compositionality of meanings of complex expressions of language is adequate also to the language of dialectical philosophy (natural or artificial one – it does not matter). According to the submitted viewpoint, the notorious “darkness” of the natural language of dialectics is a result of logic-linguistic confusion; namely, a result of not-recognizing that the semantics of this specific language is formal-axiological (evaluation-functional) one in contrast to that formal-logical (truth-functional), descriptive-indicative one, on which representatives of traditional analytical philosophy concentrated all their attention.
Keywords: natural-language-of-dialectical-philosophy; formal-axiologicalsemantics; evaluation-functional-meaning; evaluation-variable; evaluationfunction; compositionality.

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Vulgar Materialism as a "Computation Blunder" in Two-valued Algebra of Metaphysics (Eleatic Metaphysics and its Relation to "Matter" and "Consciousness" as Evaluation-functions determined by two Variables in Two-valued Algebra of Formal Axiology)

The philosophical categories “being”, “non-being”, “matter (material)”, “idea (ideal), “consciousness”, “contradiction”, “dialectics”, “change”, “non-change (permanence)” are studied as evaluation-functions in two-valued metaphysics-algebra. Metaphysics is interpreted as formal axiology. In the first part of the paper, the above-mentioned categories are considered as evaluation-functions determined by one evaluation-variable. In the second part, the ones are con- sidered as evaluation-functions determined by two variables. The equivalence relation among these functions is defined in mentioned algebra. It is demonstrated that the evaluation-functions determined by two variables are fundamental generalizations of corresponding functions determined by one variable. Lists of equations of algebra of metaphysics are generated. The vulgar materialism is nothing but a “computation blunder” in this algebra.

Keywords: being, matter, consciousness, materialism, metaphysics, dialectics, formal, axiology, algebra, evaluation, function. 

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PROBLEM OF HOMOGENEITY OF ANCIENT GREEK AND ROMAN PHILOSOPHY OF LAW: IUSTINIANI “DIGESTA” AND BLANCHÉ HEXAGON

The subject-matter of this paper is a knotty problem of homogeneity of Ancient Greek and Roman jurisprudence as a system. The opinion that the so-called system in question is a non-homogeneous miscellany made up by qualitatively different aspects created in different times by different philosophers and lawyers is very strong and popular. Very often it is considered that in the so-called Roman Law System there is a conceptual opposition (formal logic inconsistency) among the three basic forms of law, namely, the custom-law, the naturelaw, and the human-made-law. The present article is targeted at elaborating quite an opposite opinion that, in its essence, Ancient Greek and Roman Law Philosophy is a homogeneous (consistent) system. For demonstrating such an unusual viewpoint the author applies methods of the analytical philosophy of law. Also the symbolic logic methods are utilized and graphic modeling of logic interconnections of concepts is used. By means of these methods for the first time in world scientific literature on Ancient Philosophy of Law the logic interrelations among the above-mentioned three different meanings of the word “law” are graphically modeled by the logic square-and-hexagon estimated by Blanché as a universal scheme for conceptual knowledge organization. The well-known Kalinowski logic square-and-hexagon for graphic modeling the logic interconnections among the deontic modalities “obligatory”, “forbidden”, “permitted”, “indifferent” is complemented in this paper by a significantly new jurisprudential interpretation of Blanché logic squareand-hexagon scheme. The new scientific result of this paper is original organization of logic interconnections among the nonstandard jurisprudential modalities represented by the following sentences: “It is the nature-law that p”; “It is the custom-law that p”; “It is the human-made-law that p”, where p stands for a proposition describing some state of affairs. It is demonstrated that the relation between “It is the nature-law that p” and “It is the custom-law that p” is the relation of logic contrariety. The article demonstrates that in the submitted quite a new jurisprudential interpretation of the logic square-and-hexagon scheme all the relevant logic rules are valid.
Keywords: Roman-law; Iustiniani-“Digesta”; Ulpian; nature-law; custom-law; positivelaw; Blanché-hexagon.

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MATHEMATICAL MODEL OF “DIALECTICAL LOGIC”, AND RELATIVELY AUTONOMOUS COGNITIVE ROBOTS

Abstract. The object of investigation is the notorious problem of “dialectical-logic”,and its relevance to constructing relatively autonomous cognitive robots. The subjectmatter is formal axiological aspect of the mentioned object. The method is constructing and studying discrete mathematical models. Scientific novelty: for the first time such a formulation of the problem of “dialectical-logic” and such a psychologically unexpected solution of it are submitted, which make up a foundation for scientific investigation of possibility of modeling “dialectical-logic” of thinking by artificial intellectual systems. According to the conception developed in this paper, the meaning of the metaphorical expression “dialectical-logic” is formal axiology of thinking. Therefore, to model “dialectical-logic” by relatively autonomous cognitive robots, a discrete mathematical representation of the subject-matter of investigation is constructed, namely; a logically consistent system of equations of two-valued algebra of formal axiology which system models formal-axiological aspect of adequate thinking about objective contradictions of material world. Theoretic and practical significance of the obtained new scientific result is creating necessary prerequisites for constructing relatively autonomous cognizing robots.
Keywords: relatively-autonomous-cognitive-robot; discrete-mathematical-model-ofdialectics-of-cognition; “dialectical-logic”; two-valued-algebra-of-formal-axiology.

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Knowledge Logic and Algebra of Formal Axiology: a Formal Axiomatic Epistemology Theory Sigma Used for Precise Defining the Exotic Condition Under Which Hume-and-Moore Doctrine of Logically Unbridgeable Gap Between Statements of Being and Statements of ...
For the first time, in the formal axiomatic epistemology theory Sigma such a theorem is formally proved which means (in the precisely defined interpretation) that under the condition of knowledge a-priori-ness, a statement of formal-axiological equivalence of moral-evaluation-functions is logically equivalent to logic equivalence of corresponding statements of being. For the first time it is shown that this theorem undermines universality of the conception of Hume and Moore. A precise definition is given for the formal axiomatic theory Sigma, which is a result of logical formalization of the universal philosophical epistemology; and a relevant interpretation of this formal theory is submitted. The formal proof of the theorem can be examined by readers step by step as it is accomplished in accordance with the formalism standards.
Keywords: formal-axiomatic-epistemology-theory; a-priori-knowledge; two-valuedalgebra-of-formal-axiology; formal-axiological-equivalence; moral-evaluation-function; Hume-guillotine; naturalistic-fallacies-in-ethics; fact-value-dualism
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CRIMINOLOGY, HISTORY OF PHILOSOPHY, AND DISCRETE MATHEMATICAL MODEL OF FORMAL AXIOLOGY OF CRIMINAL ACTIVITY (were the outstanding philosophers authentic criminals?)

Abstract: In the article, history of philosophy is considered from the viewpoint of empirical criminology and philosophy of crime. Thus, biographies of outstanding philosophers look surprisingly. According to criminological analysis of the history of philosophy, many respectable philosophers were under suspicion, investigation, and trial; they were arrested, deprived of freedom, imprisoned, sent to exile. Some great philosophers were sentenced to the capital punishment; some escaped from the jail and emigrated. In order to avoid this, many philosophers acted secretly; for publishing, they used pseudonyms and desinformation about publisher and publication place. Nevertheless, some were detected and “wanted” by police and church secret services. For the first time in scientific literature, such facts are gathered together, condensed and connected with abstracttheoretical discussion on metaphysics of crime in general. Philosophical attitude to crime is elaborated, according to which legal norm (law) represents stability aspect of society; and crime – the mutability one. Future life-conditions are not definite. In order to survive in a long run, the society has to have a limited sub-system of potential criminals at every stage of its development. Such sub-system is necessary for adequate adaptation to indefinite future conditions. However, in the supplement to sub-system, which represents change (i.e., development by adaptation to new lifeconditions), society must have a sub-system, which represents non-change (stability), and self-conservation. The abovementioned sub-systems are mutually restrictive; they complement oppositions, which make up the real society undergoing development. Scientific novelty of the article: for the first time in the worldwide theoretical criminology, a discrete-mathematical-model of formal-axiological aspect of crime is submitted. According to this model, “crime”, “empirical-knowledge” and other phenomena are considered as evaluation-functions determined by two evaluation-variables in formalaxiology algebra.

Keywords: criminology, history-of-philosophy, norm, crime, stability, flexibility, value, discrete-mathematical-model of formal-axiology of criminal activity.

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Augustine the Blessed's Doctrine of God's Reward from the Viewpoint of Two-Valued Algebra of Formal Ethics

Abstract: The scientific novelty: In this paper for the first time in the world literature the author constructs and investigates a discrete mathematical model of evaluation-functional aspect of the conflict of Augustine’s and Pelagius’ doctrines of human freedom and God’s reward. The scientific analysis of the difficult problem of Augustine’s conception of absolutely arbitrary response-action of God is implemented by comparing the discrete mathematical model of evaluation-functional aspect of Augustine’s doctrine with the discrete mathematical model of the same aspect of Pelagius’ heretical one. This scientific result (inventing adequate algebraic model of the conflict) is significantly new one: previously it was obtained and submitted for publication neither by foreign nor by domestic researchers, including the author of this paper. In particular the author in this paper for the first time attracts attention to the complete correspondence between the tabular definition of the evaluation-functional sense of the binary operation “response-action” in two-valued algebra of actions and the evaluation-functional aspect of Augustine’s religious-ethical conception of grace and free will. Up to the present time there was no precedent of applying the artificial language of two-valued algebra of formal ethics to studies of the anti-Pelagius religious-ethical conception of Augustine. The precedent originally made in this paper gives substantially new arguments to both: the Augustinians and their opponents: the controversy is elevated to a qualitatively new level of analyzing moral-activity-form deprived of its contents. In this paper for the first time in the world literature the author submits precise tabular definitions of the binary moral-evaluation-functions called “Augustinian moral-response-action” and “Pelagian moral-response-action”. 

Keywords: Augustine, Pelagius, good, evil, freedom, action, reward, two-valued-algebra-of-formal-ethics, evaluation-variable, evaluation-function.

 

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Natural Legal Law as Mathematics of Freedom (Four Mathematically Different Moral-Legal- Value-Functions “Freedom” and Four Ones “Slavery” Defined Precisely in Two-Valued Algebra of Formal Axiology of Ethics and Jurisprudence)
The article is aimed at extracting and investigating proper algebraic aspect of the natural legal law system. The metaphorical meaning of the sentence “Law is mathematics of freedom” is transformed into literal one of exact language of rational philosophy of natural legal law. The word “freedom” is recognized as a homonym having exactly four formal-axiological meanings which are nothing but moral-legal-valuefunctions determined by one moral-legal-value-argument (in the proper mathematical meaning of the words “function” and “argument”). The four functions called “freedom” and the corresponding four functions called “slavery” are precisely defined by tables. Lists of formal-axiological equations of two-valued algebra of natural law-and-morals are generated. The lists make up a discrete mathematical model of the system of natural morals-and-law concerning “freedom” and “slavery”. Within the framework of submitted two-valued algebra of natural law-and-morals, interconnections between natural legal law and natural theology are addressed in general and the nontrivial question “Is God’s slave a slave?” is explicated and answered especially. 
Keywords: two-valued-algebra-of-formal-axiology; moral-legal-value-function; formalaxiological-equivalence; formal-axiological-contradiction; ethics; freedom; slavery; natural-law; natural-theology; formal-axiological-law
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The Criminological Aspect of Nietzsche's Creative Work in Philosophy from the Viewpoint of Two-valued Algebra of the Natural Law

The criminological aspect of Nietzsche’s creative work in philosophy is investigated at the level of its discrete mathematical simulation – two-valued algebra of actions (synonym – two-valued algebra of the natural law).

Keywords: sub-cultural crime theory, algebra of the natural law, Nietzsche’s philosophy of life and crime.

 

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A Unity of Alethic, Majoritarian, Epistemic, Axiological, Deontic, and Utilitarian Modalities in Two-valued Algebra of Formal Axiology

In two-valued algebra of formal ethics the author demonstrates a formalaxiological equivalence of alethic, majoritarian, epistemic, axiological, deontic, and utilitarian modalities as moral-legal evaluation-functions determined by two variables. This result is a complement to the paradigm of modal logic and “propositional attitudes”.

Keywords: modalities, alethic, epistemic, axiological, deontic, utilitarian, formal-axiological equivalence, evaluation-function, variable, algebra of formal ethics.

 

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Discrete Mathematical Representing (“Digitizing”) a Formal-axiological Aspect of the Metaphysics (Parmenides, Melissus, Plato, Aristotle) and of the Materialistic Dialectics

The paper deals with constructing and investigating discrete mathematical simulations of formal-axiological aspect of the following philosophy systems: (1) the Eleatic metaphysics – Parmenides and Melissus; (2) the metaphysics of Plato and Aristotle; (3) the dialectical materialism of K. Marx and F. Engels. The formal-axiological analysis is implemented by means of artificial languages and properly mathematical notions. 

Keywords: formal, axiology, metaphysics, contradiction, movement, matter, evaluation, function, variable, algebra.

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A FUNDAMENTAL GENERALIZATION OF THE FORMAL-LOGICAL CONCEPTION OF "PROPOSITIONAL ATTITUDES" OF BERTRAND RUSSEL AND JAAKKO HINTIKKA IN TWO-VALUED ALGEBRA OF FORMAL AXIOLOGY

In two-valued algebra of formal ethics the author demonstrates a formalaxiological equivalence of corresponding “propositional attitudes” as moral-legal evaluation-functions determined by two variables. This result is a complement to the “propositional-attitude” paradigm, established by B. Russel and J. Hintikka. In the submitted mathematical representation of formal axiology, hitherto unknown “contraposition laws” are discovered and formulated precisely.

Keywords: propositional attitude, knowledge, belief, doubt, habit, desire, expectation,moral-legal evaluation-function, variable, formal-axiological equivalence, two-valued algebra of formal ethics.

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Lubutin Konstantin

Institute of Philisophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg, E-mail: enia@uralmail.com 

Publications in yearbook
Immanent Unfolding of Social Historicity

There are many studies devoted to the analysis of materialistic understanding of history. Although the topic of these studies is a question of historical process, nevertheless, they do not contain the definition of the historicity. The article is the attempt to explicate phenomenon of historicity of social being in K. Marx's philosophy. The authors show that social historicity is the immanent quality (modus) of human activity. The implementation of the Praxis leads to the emergence of the objective world where inter-subjectivity and sociality of human being-in-the-world takes place. The transformation of the artificial world for satisfaction of needs determines changes in social and spiritual structures. Historicity is those changes taken in temporal unity. Social historicity (as it is implicitly understood by Marx) is the uniformal temporal coherent process where the person through Praxis transforms the actual social-objective world (the present); creates something new, which keeps «traces» of the conditions of previous lives (the past); and through practical inclusion into the system of immanent relations of the actual world generates attitudes, structures, subject matters, properties, forms of activity, ideas, demands, and situations, which previously did not exist (the future).

Keywords: Marx's philosophy, Praxis, historicity of social being, artificial world, sociality, temporality.

 

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Philosophic-historical Method of K. Marx

There is a variety of works devoted to the analysis of Marx’s philosophic-historical methodology. However, most of them are characterized by one-sidedness, which is caused by the consideration of Marx’s method either as being out of subject and strictly causal (Marxism-Leninism, Althusser); or making emphasize on the anthropological aspect (humanistic neo-Marxism); or even with the denial of any scientific character (Popper, Hayek). Following the results of critical analysis, the authors conclude that Marx's philosophic-historical methodology represents not a vulgarly interpreted «materialistic view of history», but praxeological interpretation of historical process. Relying on the materialistic historical dialectics, this interpretation comprises both the materialistic and «idealistic» view of history, because, according to Marx, history appears to be a result of the development of human social nature – the activity (Praxis), which is the synthesis of the material («work») and ideal (goal-setting) acts.

Keywords: Marx's philosophy of history, philosophic-historical methodology of Marx, materialistic view of history, praxeological view of history, materialist dialectics, historicity, alternativeness of history.

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DIALECTICS AS PROBLEM OF CLASSICAL MARXISM

Abstract: The methodology is a key of understanding of philosophical teaching. The improvement of methodological technique is a fundament for the development of human thought. However, the study of the development of the methods of human thinking is still in embryonic state. Hegel and Feuerbach tried to describe the development of philosophy from the point of view of its internal laws but failed. Hegel subordinated history of philosophy to teleology. Feuerbach just started to criticize the teleological approach from anthropological point of view. The problem of method is very important for the Marxist tradition. The dialectical method is crucial for the understanding of Marxist thought. The article analyzes Marxist classics statements about method, as well as Soviet Marxists’ statements. The authors underline incompleteness and metaphoric character of Marx’ judgments on dialectics, as well as contradictions of Engels’ statements. The authors show the insufficiency of Soviet studies of dialectics and conclude that dialectics remains unsolved problem in Marxism. The particular part of the problem is the attitude of Marx's method to Hegelian method, and to materialistic and idealistic worldview. Philosophical trends, which dominate in post-Soviet period, do not eliminate this confusion. Today, certain revival of the interest towards dialectics is observed only in the Marxists tradition, yet contemporary Marxists do not see any problem in Marxist approach towards dialectics. They still just repeat in different ways what already have been argued by Engels and Lenin or, at the best, by Il’ienkov or Zinoviev. Nothing new has been investigated about dialectical method even nowadays, although it is assumed that philosophy is free from ideological control. Consequently, if the Engels’ dictum that “Marx’s worldview (Auffassungsweise) is not a doctrine, it is a method” is correct, we still know very little about this worldview, or, to be more precise, about its research potential. The reconstruction of the philosophy of classical Marxism is the only solution of the problem.

Keywords: dialectics, classical Marxism, materialism, idealism, Marx, Engels, Lenin, Plekhanov, Soviet version of Marxism, Il’ienkov, Zinoviev, methodology of social science, historical materialism, dialectical materialism.

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The Logic of Alienation and the Logic of Emancipation

The article observes different forms of subjective, social and existential alienation in modern capitalist society based upon private property, and possible means of overcoming and transcending those forms of alienation.

Keywords: alienation, private property, reification, commodity and virtual fetishism, illusion, transcendence of alienation.

 

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PHILOSOPHY AS GENERAL THEORY OF SUBJECT AND OBJECT

In the article the authors attempt, on the basic of marx's philosophical anthropology, to represent philosophy as theoretical world-view [Weltanschauung], namely, as general theory of subject and object in their dialectical interaction. Authors draw the conclusion that philosophy is existential comprehension of human being-in-world [in-der-Welt-sein].

Keywords: philosophy, world-view, practice [Praxis], subject and object, human being, world, interaction, science.

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Anthropology of Self-Alienation (Social-Phychological Theories of Z. Freud and E. Fromm in the Context of Phylosophical Antropology of L. Feuerbach, K. Marx and F. Engels)

The article is concentrated on the analysis of psychological aspects of the selfalienation. The authors critically consider psychological concepts of Z. Freud and E. Fromm from the point of view of philosophical anthropology of K. Marx and F. Engels.

Keywords: philosophical anthropology, self-alienation, alienation of labour, “Labour Theory” of F. Enges, anthropogenesis, materialistic understanding of history, archetype, social unconsciousness, social character, identification of individual, personality.

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The Analysis of Widespread (Myths) About Marx's Philosophy

In connection with a growing interest to Marx's theoretical heritage, the article presents the attempt to consider various aspects and the reasons for inadequate under- standing of Marx’s philosophy (from almost complete lack of reading of Marx’s works and mixing his views with Engels’s ideas to scientist and humanistic excesses in its general interpretations). After critical analysis, authors conclude that Marx's philosophy is a system, which includes philosophical anthropology, social philosophy and philosophy of history. By virtue of the fact that the integrity of Marx's philosophy is funded on the aspiration to emancipate the human being from all forms of alienation and inauthentic being at all stages of the development of his theory, the authors oppose the division of Marx's work into «early» and «late» periods.

Keywords: philosophy of Marx, philosophy of Engels, neo-Marxism, Leninism, scientism, humanism, existential values, inadequate reading of Marx's philosophy, «early» and «late» Marx, an epistemological rupture (coupure epistemologique), the structure of Marx's philosophy.

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The Social Foundations of Postmodernism: the Attempt of Marxist Analysis

Grounding on Marxist methodology of historical-philosophical investigation, authors analyze socio-economic and historical reasons of the beginning of Postmodernism. Authors conclude that Postmodernist philosophy is a natural form of mental representation of globalizing capitalism in the consciousness of certain part of intellectuals.

Keywords: postmodernism, marxism, critique and apologia of capitalism, determination of social consciousness and philosophy by structures of social being.

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American Marxology in the Context of Modern History (on A. Meggill’s Book «Karl Marx: the Burden of Reason»)

The article is devoted to critical analysis of marxological conception developed by contemporary American researcher in the context of social history of XX–XXI centuries.  

Keywords: marxism, modern social history, marxology, idealism, materialism, materialistic comprehension of history, rationality, dialectics, philosophical anthropology. 

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Dialectical Synthesis in Marx's Social Theory

In the article authors analyze the forms of dialectical synthesis in Marx social theory.

Keywords: dialectical synthesis, concrete-historical analysis, methodology of social science, social theory, classiacal Marxism, dialectical interpretation of communist theory, philosophical anthropology, Feuerbach.

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Lun'kov Alexander

Department of Philosophy, Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences, Ekaterinburg, E-mail: istorik1981@mail.ru

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INFLUENCE OF POSITIVIST PHILOSOPHY OVER G.A. LEER’S MILITARY THEORY

Abstract: The author explores origins of the tradition of positivism in the Russian military-philosophical thought. The subjects of comparative analysis are some elements of A. Comte’s philosophy and theoretical assumptions of G.A. Leer’s theory of strategy as a type of positive social science of war. The author pays attention to the historical method as the basis of the methodology of social sciences and the science of war in particular, to the role of research in theoretical constructions of laws and principles, and to the relationship between science and art, knowledge and activity. The author concludes about the impact of ideas of classical positivism over the formation of G.A. Leer’s theory of strategy. In addition, the article identifies the main shortcomings of G.A. Leer’s theory of war, such as the inclusion of the subject area and the content of the science of war into the subject area of the theory of strategy, i.e., reduction of the first to the status of the philosophy of martial arts, as well as the incompleteness of truly positive social science of war due to the lack of the necessary scientific sociological basis in the late XIX century. The author defines subsequent direction of the study of positivism in the domestic military-philosophical thought in the works of Russian emigrant thinkers, Soviet military theorists and philosophers.
Keywords: Positivism, philosophy of war; science of war; G.A. Leer; theory of strategy; laws of war; principles of military art.

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Lyutova Olga

National Research University Higher School of Economics (HSE University), Moscow, Russia, E-mail: olyutova@hse.ru

Publications in yearbook
Tax Obligations in the Digital Era: Periodization of Legal Regulation
The current stage of development of Russian law is closely connected with the processes of digitalization, which significantly change the landscape of legal regulation inmany spheres of public relations. The digitalera,in particular, implies the gradual development of tax law, with each stage differing in the type of digital technologies used by subjects involved in tax legal relations. These ongoing changes affect both the overall legal framework of taxation and specific institutions within tax law, most notably, the concept of tax obligations, which plays a key role in the tax system. The article analyzes theoretical approaches to the periodization of the development of legal regulation of tax relations in general, as well as the institution of tax obligations. Emphasis is placed on the direct correlation between periodization and the gradual integration of digital technologies in the field of taxation. A three-stage model of digital development of the institution of tax obligations is proposed, which is currently being formed and includes automation, digitalization and robotization. The first stage entails the automation of tax obligations – the use of online services by subjects involved in tax legal relations, the introduction and development of an electronic document management system, and other IT projects of the Federal Tax Service of Russia. This, in turn, leads to optimization of the process of fulfilling tax obligations. At the second stage, blockchain and other digital technologies are being introduced, which entails a qualitative transformation of tax administration and involves new participants in tax legal relations. The robotization of tax obligations through the introduction of artificial intelligence is still in its early stages of development. The article analyzes the potential opportunities and risks associated with implementing a tax on artificial intelligence, as well as probable changes in the insurance premium calculation due to the replacement of certain professions and categories of employees by robots. 
Keywords:digitalera, digital technologies, tax obligations, automation, digitalization, blockchain, robotization, artificial intelligence
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