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2024
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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

Pankevich Natalia

Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences, Yekaterinburg, Russia, E-mail: n.pankevich@yandex.ru

Publications in yearbook
Decentralized Value-Inspired Communities: Towards the Renewal and Institutional Development of the State Unity Policy
The article examines the possibilities of a meaningful revision of analytical and managerial approaches within the framework of the state policy aimed at ensuring social unity. Today, its implementation is often complicated by the potential of socio-demographic super-diversity and value pluralism accumulated by the majority of societies. The cumulative effect of these processes suggests the presence of deeply divided communities under the facades of the political unity of modern states. The article substantiates the thesis that the combined accumulation in the structure of society of minorities consolidated around social status and the growth of the political significance of minority value discourses only at first glance have common roots and are subject to diagnosis and social therapy by similar methods. The article analyzes the reasons of contemporary institutional preferences in favor of solving the problems of diversity consolidated around social status. It is established that they are predominantly related to the institutional specifics of the modern state. The political potential of decentralized value-motivated actors, their contribution to the social polarization, and the repertoire of political action are considered. An approach to the conceptualization of such actors as discursive coalitionsis proposed. The article explains why the state identity policy evades targeting the decentralized actors and suggests possible directions of replenishing the analytical arsenal for their identification, fixation of their requirements, and development of mechanisms for integrating deviant value discoursesinto the mainstream of unity policy. The article examines the judicial branch as a system directly predisposed to communication with decentralized public discourses, and shows possible ways of its institutional development as one of the central subjects of the state policy of social unity.
Keywords: policy of social unity, civil identity, national-state identity, decentralized value system, discursive coalition, discursive conflict, political values, constitutional patriotism, unity of legal space, judicial branch 
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Political and Legal Values of the European Union and its Member States: Does the Covid-19 Pandemic Have Transformative Potential?
The article analyzes the transformative potential of the COVID-19 pandemic as regards to the value system of the European Union and its member states. The methodology of the research is informed by certain provisions of transformational theories, the approach of S. Walby conceiving the crisis as a state of disproportionality between cause and effect, and the idea of E. Shils about the dynamics of interaction of value and institutional systems. The value foundations of the EU as an integration project are considered. The article analyzes the regulatory potential of this supranational entity and the effectiveness of its values foundations the crisis COVID-19 pandemic. It discovers the values collisions at the level of the member states of the European Union and their changes during the COVID-19 pandemic. The authors conclude that the pandemic has become a serious test for the European Union and its members as polities built on the basis of common values which are considered as one of the indisputable advantages of this association. The cascade of crises caused by the COVID-19 pandemic questions the entrenchment of many of the fundamental values of the European Union and demonstrate that their rootedness is significantly overestimated. There is a significant disproportion of the response measures and the key values that underlie the Union. The COVID-19 pandemic impacts comprehensively the values of the European Union. The basic European economic model, based on the recognition of the market as the main regulator of public relations, has been criticized, but at the same time, additional opportunities have opened up for adjusting social policy. The status and place of human rights come again into discussion. The conducted research is important for the further development of practices for responding to crisis phenomena.
Keywords: pandemic; values; human rights; human rights implication; COVID-19; European Union
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The Concept of Regional Competitiveness: Controversies of Implementation

The article observes the concept of regional competitiveness, its theoretical limitations and political outcomes of its implementation in actual political situation. The author demonstrates correlation between the implementation of those concepts and growing disproportion of regional and state development.

Keywords: regional development, disproportions of regional development, regional competitiveness.

 

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Territorial Structure of Political Space: the Search of Alternatives

 

The article studies the existing theoretical approaches toward conceptualization of territoriality, proves their methodological insufficiency and suggests directions for the development of the issue.

 

Keywords: world system, transformation, political space, structure, territoriality.

 

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Panov Petr

Institute for Humanitarian Studies of the Ural Branch of the Russian Academy of Sciences – the Branch of the Perm Federal Research Center of the Ural Branch of the Russian Academy of Sciences, Perm. E-mail: panov.petr@gmail.com

Publications in yearbook
Effects of Personification of Voting in Presidential and Parliamentary Elections in Russia
When directly elected presidents have fairly strong power in relations with the government and parliament, presidential elections are perceived as elections of the first order. In addition, voting for presidential candidates is much more personalized. To a large extent, this explains why, in Russia, the candidate of the party of power receives much more support in the presidential election than the party of power in parliamentary ones. Some voters who support opposition parties in the parliamentary elections vote “strategically” and “personally” in the presidential ones, giving their votes to the incumbent. However, the question remains how evenly this trend spreads across different segments of the electorate of political parties. To answer it, a comparative analysis of the 2016 parliamentary and 2018 presidential elections was carried out. Empirically, the study is based on electoral and socio-economic data in the context of municipalities. The analysis carried out by the method of multilevel linear regression has exposed that the line “party of power versus opposition” is quite clearly expressed in the parliamentary and blurred in the presidential elections. Based on the results obtained, it is concluded that personalized voting has a key impact on the difference in the results of political parties and their candidates. At the same time, both the consolidation of voters around the incumbent and the loss of votes by the candidate of the Liberal Democratic Party of Russia (LDPR) affect different segments of the electorate approximately equally, that is, the specifics of the electorate of these parties in the presidential election is leveled but it remains. With regard to the Communist Party of the Russian Federation (CPRF), on the contrary, insufficient affiliation of its candidate with the party led to the fact that different segments of the electorate changed their preferences unevenly. The final part of the article outlines promising directions for further research. 
Keywords: elections, incumbent, party of power, opposition, electorate, personal voting, comparative analysis
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Panteleev Vadim

Chairman of the Charter Court of Sverdlovsk region, Department of Constitutional and Administrative Law, Ural Institute of Humanities, Ekaterinburg, E-mail: ustav-court@mail.ur.ru

Publications in yearbook
ADMINISTRATIVE REFORM AS PREREQUISITE FOR IMPLEMENTATION OF ANTI-CORRUPTION MEASURES

In this article, the author examines the impact of administrative reform in the Russian Federation over corruption in general and in the sphere of the consumer market, in particular. The author bases on the analysis of the results of enforcement activities of the competent authorities, and comes to the conclusion about currently under-utilized potential of legal and administrative sanctions. Corruption in activities of officials of the state apparatus is often caused by the unclear legal requirements, unreasonable subjectivity in decision-making, and implementation of administrative procedures. On this basis, the author believes that comprehensive legal regulation of implementation of control and supervisory powers of state authorities in conjunction with the objectives and tasks of administrative reform in the Russian Federation is required. The author focuses on the analysis of norms of the Code of Administrative Offences of the Russian Federation concerning the regulation of public relations in the field of entrepreneurship and the consumer market. In the study, the author pays attention to the issues of improvement of administrative legislation in this sphere, and the efficiency of control and supervisory activities of Federal Executive bodies, primarily the Federal Antimonopoly Service, andFederal Supervision of Consumer Rights Protection and Human Well-Being. The author gives specific recommendations for improving the legislation of the Russian Federation on counteraction of corruption in the sphere of consumer market.
Keywords: administrative reform; corruption; sphere of consumer market; administrative procedures; rights of citizens; control and supervision.

 

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TASK OF CONSTITUTIONAL JUSTICE IN THE LIGHT OF JUDICIAL SYSTEM REFORM

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.

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Pavlov Alexander

National Research University Higher School of Economics (HSE University), Institute of Philosophy of the Russian Academy of Sciences, Moscow, Russia, E-mail: apavlov@hse.ru

Publications in yearbook
From Social Allegory to Political Statement: Academic Reception of American Horror of the 21st Century
For a long time, horror was an entertaining cinema genre. Since the late 1970s, critics and scholars have gradually started to examine it in terms of social and political content, often conveyed allegorically. Meanwhile, publications in English have prevailed in academic discourse, which is largely due to the long dominance of American horror. Film critics applied different methods of analysis – from Freudo-Marxism and gender studies to trauma studies and affect theory. Political analysis was often based on the thesis of the critic Robin Wood about the allegorical interpretation of monsters as the return of the repressed. However, in the 21st century, horror has changed significantly. New subgenres have emerged: “torture porn”, “found footage”, folk horror, post-horror, etc. Studios started to film a huge number of remakes, sequels of classical films in series format, etc. At the same time, researchers have continued to study horror as an allegory. Social and cultural consequences of September 11, 2001 became the main topic of the analysis. This trend kept going for more than fifteen years, but with Donald Trump’s coming to power the allegorical messages of the American horror have actually been replaced by direct political statements. Many horrors have begun to tell about current socio-political problems – racism, poverty, migration, etc. Scholars have to react to these changes, comprehending the transformation in the genre and correcting their views on allegorical reading as a method of analysis. The article describes an academic research transition to the understanding of “political horror” on the examples of the film “Get Out” (2017) and the franchise “The Purge” (2013 – to the present). It is concluded that this trend persists so far. However, despite the popularity of “political horror”, it is obvious that allegorical reading will remain an important tool for academic analysis of horror films.
Keywords: horror, social philosophy, practical philosophy, terror, Donald Trump, violence, fear, cinema studies, 9/11, remakes
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Pegin Nikolay

Candidate of Sociology, Associate Professor, post-doctoral, Pacific state University, Khabarovsk, E-mail: pegin@mail.ru

Publications in yearbook
Regional Elites, Power and Administrative Business Market

The paper analyzes the functioning of the administrative market and its effect on the distribution of power in the political sphere. The process of the emergence and development of the administrative market in the 80s – 90s of XX century and its destruction in the XXI century is examined.

Keywords: violent entrepreneurship, region, regional elites, the political class, administrative market.

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Petrova Regina

Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences, Department of Political Institutions and Processes, PSC UB RAS, Department of Political Science, PSSRU, Perm’, Email: rance.regina@mail.ru

Publications in yearbook
INFORMAL INTERACTION OF ELITES: PRIMARIES OF «UNITED RUSSIA»’S PRACTICE IN PERM REGION

Abstract: Based on the logic of neo-institutionalism, the article analyzes the formal and informal practices and interaction during the preliminary voting of the party “United Russia” (the primaries) in the Perm region. The potential and impact of formal and informal relations in both public space and transformation of the institute and its structural characteristics is evaluated. The informal methods of communication, speculative methods of organizing and attracting voters are described. The author concludes that the elites increasingly have to resort to informal methods of communication that are convenient for them, but this has a negative effect in the public space, and is seen as a measure of the deficit of legal mechanisms in working with the voters. On the other hand, the development of the informal side of the institute, which acts as its “core”, may affect the further transformation and development of the whole institute that has prospects of positive dynamics.
Keywords: primaries, informal practices, regional elites, neo-institutionalism.

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Pilikin Georgiy

Department of Business Law, Ural State Law Academy, Ekaterinburg, E-mail: ukf@r66.ru

 

Publications in yearbook
The Interaction of Form and Contents of the Financial Standard Legal Act as a Basic Element of the Financial Legislation System

The article examines the interaction of form and contents of financial regulatory act in contemporary period.

Keywords: internal form and external form of financial law, the signs of the financial regulatory act.

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Platonov Roman

Institute of Philosophy, Russian Academy of Sciences, Moscow, Russia, E-mail: roman-vsegda@mail.ru

 

Publications in yearbook
Moral Universality in the Ethics of Classical Utilitarianism (Jeremy Bentham, John Stuard Mill)
The article sets a goal to define the meanings of moral universality in the ethics of classical utilitarianism, to establish their differences and connections, to show the significance of universality in the utilitarian method of moral calculation. Since the problem of moral universality was not set as part of utilitarianism, i.e. it is not shown in any theoretical provisions, we use the contextual analysis method of the use of words “universal”, “general”, “absolute”, “common” and so on when moral values and rules are describing in the key works of J. Bentham and J.S. Mill (“An Introduction to the Principles of Morals and Legislation”, “Utilitarianism”, “On Liberty”). As a starting point of the research, we take the classification of meaning differences of moral universality (it was done by R.G. Apresyan): universality as absoluteness, as ubiquity, and as generalization of moral values and rules. We show that both philosophers, in one way or another, used all three meanings in their arguments, but all three are conceptually significant only in J.S. Mill’s ethics. Absoluteness characterizes the primary principle (the principle of utility) and defines ethics as knowledge aimed at the search for moral truth. Ubiquity reflects the variability of moral values and rules and the fact that local cultural experience limits them. Generalization is a method of moral calculation whereby every action must be correlated with the principle of utility. At the same time, J.S. Mill, in contrast to J. Bentham, does not deny the importance of generality and complements it with “universal experience”, i.e. the experience of humanity as a species. Thus, he reveals moral values and rules not only in the aspect of locality and variability, but also in the aspect of fundamental skills of interaction of people with each other, skills of building any community. It also allowshim to supplement the method of moral calculation with generalizing concrete rules without giving them the status of absoluteness, he accepts them as an important heuristic component of moral development. The connection of the three meanings of universality is found in the expression of dominance: absoluteness as moral truth, ubiquity as recognition, generalization as inclusion of the particular in the general, all of it express the claims of moral evaluation to priority over any other types of evaluations and rules. It is concluded that the problem of universality is fundamental for the development of the method of moral calculation, and that it is revealed as fully as possible in the ethics of classical utilitarianism.
Keywords: ethics; morality; utilitarianism; universality; absoluteness; ubiquity; universalizability; generalization; J. Bentham; J.S. Mill
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Pletnikov Victor

Department of Theory of State and Law, Ural State Law University, Ekaterinburg, E-mail: pvs80@mail.ru

Publications in yearbook
CONCEPT AND TYPES OF MODELS OF MODERN DOMESTIC JURISPRUDENCE: TEORETICAL-LEGAL RESEARCH

Abstract: In the article based on the analysis of natural-science researches and works of representatives of the humanities, the concept of the “model”, which is used in contemporary domestic jurisprudence and developed within analytical jurisprudence and legal positivism, is formulated. In jurisprudence, the model is the intellectual and strong-willed description sufficiently repeating essential properties of the modelled object, process or the phenomenon of state and legal life created under the influence of full set of objective and subjective factors of social development. In addition, the main characteristics of model in jurisprudence have been allocated and revealed: it is directly connected with the subject carrying out knowledge of one or another object, process or phenomenon of state and legal life; only as a result of its activity its emergence is possible; it sufficiently duplicates essential properties of the modelled object, process or the phenomenon of state and legal life; it includes the description (characteristic) of one or another element, which is part of uniform system, making a basis of the corresponding object, process or the phenomenon of state and legal life; it is formed in something homogeneous and functional only with the accounting of the whole set of objective and subjective factors of social development, which have to be considered by representatives of jurisprudence in order to carry out researches of state and legal reality. The conclusion is drawn that the concrete volume of contents of these characteristics is defined by a kind of model and the functions, which are carried out by this model. Special attention is paid to the types of models in jurisprudence, especially to those of them, which directly follow from the main characteristics and allow disclosing the content of the concept of the “model in jurisprudence”. A conclusion that models in jurisprudence can have various nature is formulated, and as a result, it plays various role in development of jurisprudence, improvement of the public relations. For jurisprudence, models to which analysis the paramount attention has to be paid, have the greatest value legally significant (jurisprudential or doctrinal). Other models in jurisprudence have a number of restrictions from the point of view of their implementation in practice.

Keywords: model in jurisprudence, legally significant model, jurisprudence.

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Podoprigora Alexander

Education Research Centre, Institute of Economics, Ural Branch of the Russian Academy of Sciences and Chelyabinsk State University, Chelyabinsk, E-mail: agora821@gmail.com

Publications in yearbook
NUMBER AND FIGURE: PYTHAGOREAN TRADITION AND METAPHYSICS OF DIGITAL REALITY

approach and the synergetic paradigm, the phenomenon of “digital reality” is considered; its definition as a kind and stage of development of information reality is given. The genesis of this concept and its connection with the thousand-year Pythagorean tradition in European philosophy and culture based on the logic and dialectic of the number as a metaphysical entity is traced. The conclusion is made about the key significance of this philosophical tradition (in connection with Neoplatonism) as a special system of thought that determined the modern worldview and scientific paradigms, and contributed to the formation of a social model of a post-industrial interactive society generating a new type of phenomenal reality in the format of digital information technologies, institutes and platforms of electronic communications. In addition, the article considers the prerequisites for the birth of new forms of cognition and creativity, the “unpacking” of the content of the semantic continuum in the post-non-classical type of rationality, and the synergy of humanitarian and computer technologies.

Keywords: Pythagorean tradition, digital reality, information, post-industrial society, Neoplatonism, metaphysics, semantic space, electronic communications, networks, number, sign, binary logic.

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TEMPTATION OF DEMIURGE. GNOSTIC MODELS AND PARADIGM OF ARTIFICIAL INTELLIGENCE
The philosophical aspect of the problem of creating a “strong” artificial intelligence as an emulation of digital technologies by the creative capabilities of the human mind is considered in the context of cognitive models of peacemaking represented in the mythology of Hellenistic gnosis, which in many respects formed the discursive basis of Christianity as the worldview paradigm of the industrial, and then the information society. The general agenda here is seen as the key task for the creative generation of new reality to identify and adapt transcendental meanings through the interpretation of human consciousness as an existential model of Creation and the definition of the language of communication with the metaprogram of the semantic continuum as a dramatic process of self-knowledge and self-organization: the formation of universal imperative maxims (programs) that transform semantic patterns and archetypes of the unconscious in symbols and texts, axiological attitudes, sociocultural and technological architecture. The interdisciplinary approach substantiates the conclusion that the possibility of creating a “strong” artificial intelligence opens up in the format of identifying the information “matrix” of sense formation isomorphic to intelligent systems in the synergy of the development of philosophy, psychology, theory of consciousness, quantum physics, computer science, cognitive science, and mathematics. This is the most actualized definition of the possibility (and need) to update, logically express, and lay in the equation of the machine program the complex concept of transcendence, key to sense formation, self-organization, and creativity.
Keywords: artificial intelligence; Gnosticism; information; semantic formation; communication; computer modeling; transcendence; categorical imperative; creativity; self-knowledge; digital reality
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REALITY GENERATOR: INFORMATION AND MECHANISMS OF SELF-ORGANIZATION

Abstract: The article integrates the existent approaches to the definition of the notion of “information”, and specifies a task of elaborating conceptual presentation of the selfconsistent content of this notion, as well as the need for more precise definition of its place in the system of philosophical knowledge. Informational aspect lying at the base of any physical, biological or social process becomes apparent now; this fact gives rise to a disciplinary limitation and tautologies in its interpretations. Information as such is identified with one or other special findings, data, knowledge relating to processes and phenomena; information often presents itself as a mere function of human consciousness and a component of communication. In other instances, it is the attributive nature of this category that is solely emphasized, whereas its content is reduced to various properties of matter, substance and psychophysical phenomena. It is a common practice to consider information as a message about something, which constitutes a fact, an event of reality distinctive from the message itself. Another extremity of approaches consists in considering information as having a status of substance and principium of existence. The article emphasizes the relevancy of the new philosophical interpretation of the nature of information in the context of the synergetic paradigm, which integrates modern conceptualizations of various scientific disciplines, and counterbalances traditional antitheses of matter – spirit, subject – object. Definition of information is proposed herein based on the adaptation of approaches of C.L. Shannon and N. Wiener, the use of Everett’s interpretation and the theory of dynamic systems: information is universal probabilistic
process of generating structures of reality within the framework of intersystem interaction in conditions of the fundamental indetermination of existence.
Keywords: information, structure, reality, self-organization, dynamic systems, indetermination, simulation, reflection, probability.

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Podvintsev Oleg

Perm Division, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Perm, E-mail: ipl_perm@mail.ru

Publications in yearbook
Capital Ambitions as the Reflection of Regionalization in Contemporary Russia

Authors analyze types of "capital" ambitions in the Russian regions.

Keywords: capital, capital ambitions, regionalism, federalism.

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Division of Positions according to Principle of Nationalities in Power Systems of Russian Regions: Current Stage

The article analyses the practice of filling of positions in power by representa- tives of various national groups, which takes place in some subjects of the Russian Federation. In spite of the fact that this practice contradicts democratic principles of equal opportunities, it limits the growth of the inter-ethnic conflicts. The violation of current practices, which results from directive intervention of federal authorities, has already led to such conflicts. Now, the return of direct elections of heads of subjects of the Russian Federation generates certain risks. In this regard, the most vulnerable area in Ural-Volga region is Bashkortostan.

Keywords: ethno-national conflicts, distribution of power, direct elections, the relations between «center – regions».

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Politov Andrei

Perm State University, Perm, E-mail: erikhczeren@yandex.ru

Publications in yearbook
COMPARATIVE ANALYSIS OF V.V. NALIMOV’S CONCEPT OF SEMANTIC WORLD AND M.M. BAKHTIN’S CONCEPT OF CHRONOTOPE

The objective of the article is the comparative historical-philosophical consideration of the category of semantic world introduced in Russian philosophy by
Soviet philosopher V.V. Nalimov, and the category of chronotope grounded in the works of prominent Russian scientists A.A. Ukhtomsky and M.M. Bakhtin. The purpose of this analysis is to uncover and describe the essential philosophical importance of these categories in their mutual intersection. Based on detailed analysis of the main works of V.V. Nalimov and M.M. Bakhtin, the article demonstrates the conceptual unity and mutual similarity of categories of semantic world and chronotope due to the immanently inherent ontological meaning. Categories of semantic world and chronotope characterize axiological and existential fullness of human life, and reveal the essential existential and ethical meaning of individual actions that define the place and role of personality in the structure of the universe. Using historical-philosophical analysis of the wellknown Bakhtin's “Toward a Philosophy of the Act”, which is one of the key works of his early period, the author discloses and justifies existential and metaphysical meaning of chronotope of human existence, in which spatial-temporal unity of the surrounding world is endowed with human values and meanings. Thus, the chronotope of the universe reveals itself as truly human and semantic world, and appears as the arena of the development of individual life, which in turn is revealed as the chain of existential events. Human life is inherently included in the chronotopical semantic wholeness of the surrounding world. Therefore, categories of semantic world and chronotope demonstrate the essential ontological and existential meaning, which allows them to act as the fundamental base for further development of a full-fledged ontology of event, which is one of the most important metaphysical dimensions of contemporary Western European, as well as Russian philosophy.
Keywords: chronotope, semantic world, being, ontology, Ukhtomsky, Bakhtin, Nalimov.

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ONTOLOGICAL MEANING OF CONCEPT OF CHRONOTOPE IN PHILOSOPHICAL IDEAS OF ALEXEI UKHTOMSKY AND MIKHAIL BAKHTIN

Abstract: The article examines theoretical provisions on the chronotope made by the wellknown Russian philosopher of the first half of the twentieth century Alexei Ukhtomsky. Chronotope is one of the most promising concepts in modern humanities and philosophy. The concept became famous due to the works of the outstanding Russian philosopher Mikhail Bakhtin. According to the opinion of Ukhtomsky, chronotope is the wholeness of space and time. The idea of the chronotopical world was borrowed from the concept of space-time continuum in quantum mechanics and relativity theory. The main thesis of the article is that the concept of chronotope has ontological value that could be revealed through the interpretation of the
chronotope as spatio-temporal integrity of material things. According to the author, the possibility of such ontological interpretation is based on the fact that the essence of the chronotope coincides with the essence of things as it is understood by the classic European metaphysics: thing is primarily a wholeness, the unity of all its properties. In addition, the ontological interpretation of the chronotope is based on the meaning given to this concept by M. Bakhtin. In his works, the chronotope expresses a separate world of the storyline of the novel with its own unique characteristics, which distinguish it from the outside world. In the Western and Russian philosophical tradition, we find a prerequisite for the ontological interpretation of the concept of chronotope where it refers to the existential-semantic integrity of things, and the thing is revealed as the chronotope.
Keywords: chronotope, Uhtomsky, Bakhtin, ontological interpretation, Russian philosophy, ontology, semantic world.

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Ponomarev Dmitrii

Ural State Law University, Yekaterinburg, Russia, E-mail: dmitrii.ponomarev@usla.ru

Publications in yearbook
Roman Law Without Greek Philosophy: A Hard Way Towards a Beginning of Dogmatic Jurisprudence
The article analyzes the features of the reception of Roman law in Europe from the 5th to the 12th centuries. It is emphasized that both Greek logic and Roman law, as inherent elements of the cultural heritage of Antiquity, did not fit well with the early-Christian cultural basics. Therefore, these areas of secular knowledge had not remained in the focus of intellectual research and development for a long time. Logic, being represented by very few translated and commented Greek works, was not in demand as a meaningful intellectual technology. And without a fully developed logical apparatus, Roman law could only be explored as a set of Antique literature texts, i.e. via very scarce instruments reduced to rhetoric and grammar only. From the institutional point of view, that attitude to law and the methods of its intellectual development give grounds to call the period under consideration the era of “law without lawyers”. In other words, due to “stigmatization” of Greek logic (and rationality in general), Roman law existed as a set of “silent” texts, which available methods of comprehension could only reveal as literature, and not as a system of legal constructions. During the so-called Renaissance of the 12th century, there was a radical re-evaluation of rationality as a basic value of culture, which was manifested, among other things, in the “rehabilitation” of Greek logic. First of all, it affected Aristotle’s logic, which became an intellectual tool that made it possible to create a basis for lasting tradition of European law and legal science, deeply rooted in Roman jurisprudence. It is concluded that the specific features of the reception of Roman law during the early medieval period of the history of legal thought may be regarded as an illustration and particular case of a general rule – full apperception of Roman legal tradition (and probably any legal tradition) is possible only if rationality receives the grade of the highest value of culture. 
Keywords: reception of Roman law, rationality, logic, juridical constructions, glossators, Irnerius, Aristotle, Renaissance of the 12th century, education, Christianity
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Ponomaryov Aleksey

Udmurt Branch, Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences, Izhevsk. E-mail: amp08@mail.ru

Publications in yearbook
METHODOLOGICAL ASPECTS OF ANALYSIS OF FUNCTIONING OF VALUE-NORMATIVE SYSTEM (ON THE EXAMPLE OF LAW)

Abstract: The article discusses the development of modern legal axiology, which actualizes an appeal to philosophical and axiological concepts in their historical dynamics. The solution of the axiological issues in the field of law requires the introduction of the differences of law as value and law as its normative expression. The consideration of the normative nature of law involves the analysis of value and normative aspects of social systems, understanding the relationship of values and activities of the social subject, its objectification in the value-normative system, and the study of values as a form of consciousness. Projection of the modern axiological experience on issues of legal axiology allows drawing the following conclusions related to the law: law as a social system serves as the institutional value, fixing sample actions. At the same time, law as an element of subject’s orientation in the social world, of one’s action motivation, and of forming the image of one’s “I” is the social value. In the structure of law, the objectified aspect, which gives a semiotic character to the law, is selected, as well as the subjected aspect perceived by the social activity agent as a necessity and the scale of subjective evaluation, by means of which law is expressed in the value relation of the subject. In relation to the society as a subject, the law must be regarded as a self-representation of this society. Here the objectified aspect of the law is implemented as a set of legal norms. Subjected aspect of the law appears as a set of legal practices on different levels and their reflection in the form of trivial and theoretical consciousness. The main functions of law should be referred to forming the subjectivity of the subject of social activities and acting as a way
of reflection of society.
Keywords: axiology; law axiology; value; evaluation; rule; law; representation; social communication; system of values; individual consciousness; social consciousness.

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Ponosov Fedor

Department of Philosophy at Izhevsk State Agricultural Academy, Izhevsk, E-mail: peshta@bk.ru

Publications in yearbook
Specificity of Formation of Gnosiological Series in Collective Cognition

 
The article examines the process of achievement of the truth in collective cognition. The main idea is illustrated by the example of studying the form of the earth as well as the geographical borders of its lands and waters. The author concludes that truth and aberration in collective cognition are dialectically interconnected, while gnosiological series appears to be a form of such interrelation.

Keywords: gnosiological series, truth, aberration, the subject of cognition, the object of knowledge, epistemological way.

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Ponsonby Arthur

British politician, writer, and social activist

Publications in yearbook
Falsehood in War-time: Atrocity Stories, Faked Photographs, The Criminal Kaiser, and Germany’s Sole Responsibility for the War
The article gives the first Russian-language translation of four chapters from the book “Falsehood in War-time” (1929) by British politician and writer Arthur Ponsonby (1871–1946). The translation was made by Alexander B. Belousov, a Senior Researcher at the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences. The chapter “Atrocity Stories” examines in detail the stories of German troops’ atrocities, which were circulated in leaflets, pamphlets, letters, and speeches during World War I almost every day. The British author provides documented evidence of how these stories were verified, resulting in the proof of their falsity. The chapter “Faked Photographs” reveals the use of fake photography captions with various examples. It is noted that faked pictures hold special value, as they have a greater impact than any mere statements that could be criticized or denied. It was difficult to detect falsity at that time. The faking of photographs amounted almost to an industry during the war, with Ponsonby noting that the French excelled the most in this practice. The chapter “The Criminal Kaiser” traces the political logic of personifying responsibility for the outbreak of war. Ponsonby believes that in the future this played a bad joke on the governments of European states, since the lack of punishment for actions led to deep disappointment among the people. The chapter “Germany’s Sole Responsibility for the War” shows that accusing the enemy of sole responsibility for the war is a common form in every nation and in every war. After World War I, doubts arose about adequacy of the accusations, once again proving their mythical nature. The translation is provided with factual comments, as well as Alexander Belousov’s article “Arthur Ponsonby and the Abolition of Propaganda”, which examines the issues raised by the British author, which are still relevant today. 
Keywords: World War I, propaganda, manipulation, public opinion, lies
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Popova Natalya

Department of philosophy, Russian State Professional Pedagogical University, Ekaterinburg

 

Publications in yearbook
Creativity of the Principle of Subject in Philosophy

The authors consider the principle of subject as a form of social activity, which characterizes the abilities of persons and collective bodies towards self-determination, self-organization, self-government and standard creative work; their authority in implementing socially important needs and aims; their power over natural and social forces.

Keywords: subject, self-determination, self-activity, self-organization, self-government, standard creative work, competition, civil society.

 

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Pozdeev Igor

Department of Historical Research, Udmurt Institute of History, Language and Literature, Ural branch of Russian Academy of Sciences, Izhevsk, E-mail: pozdeev79@gmail.com

Publications in yearbook
Role of Youth in Ethnic-political Life of Udmurt Republic

The article considers features of political culture of students of the Udmurt Republic, their involvement in social-political life in the region, as well as participation in protest movement. The author concludes that social activity of student youth of Udmurtia is aimed at a dialogue with state authorities in order to defend their interests through legal procedures. The majority of youth does not intend to take part in rallies and demonstrations, strikes and protest actions. There is rather high level of tolerance in youth environment in relation to representatives of other cultures, due to experience of inter-ethnic coexistence in the region, which is elaborated through centuries. 

Keywords: students, sociological research, inter-ethnic relations, social activity.

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