Legal analyst, conflict lawyer
This manual is intended to prepare students for the state exam and state final certification in the Master's program «Lawyer-analyst, conflict lawyer» in the field of training «Jurisprudence». It is designed to reinforce the competencies developed during the course of study. The text material is presented in accordance with classic legal textbooks and takes into account current trends in legal scholarship. The main disciplines of the educational program are covered in theoretical material, recommended literature is provided, including regulatory legal acts, educational and scientific publications, and a glossary, allowing students to gain a deeper understanding of the material.This textbook is addressed to students of higher education institutions, law schools, and anyone interested in legal science and practice.
Том 1
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Содержание книги "Legal analyst, conflict lawyer . General issues of legal theory, sociology of law and legal conflictology"
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15 by abstract concepts: Plato's “ideas”, Aristotle's and the scholastics’ “forms”, Spinoza's “substance”, Kant's “thing-in-itself”, Hegel's “absolute spirit”, the materialists' “matter”, etc.; individualism, liberalism, democracy, and concepts such as the “social contract” and “natural rights” emerge. 3. Positive stage, when military life is replaced by industri-al life, the triumph of science is established. Having achieved a positive state and developed a positive doctrine, humanity finally receives the opportunity to emerge from the state of anarchy and create a new social order in which egoism will be entirely subordinated to altruism. According to Comte, the ideal society is a sociocracy, i. e., an industrial society divided into capitalists and wage work-ers. Comte was not opposed to private property, arguing that it supports the desire to produce material goods and is therefore a social function. Classes in sociocracy were distinguished based on the action of four forces (“powers”): 1) women are the embodiment of feelings, the personifica-tion of morality; 2) positivist priests are the center of the mind, they are en-gaged in upbringing, training, and correction of persons guilty of misdeeds and crimes (the hopeless are excommunicated from society); 3) “patriciate”, i. e. bankers, merchants, manufacturers, landowners, – a concentrated force; they are engaged in the de-velopment of industry, conduct financial and economic affairs (under the leadership of three main bankers); 4) proletariat is a dispersed force; it is the material force for social transformation, i. e. for the transition to an industrial way of life, the regulating force of sociocracy. In a sociocracy, there will be no need for the division be-tween rulers and subjects, nor for the law and for rights of the individual that Comte called relics of theological and metaphysi-cal periods. “Everyone has duties to everyone, but no one has rights as such... In other words, no one has an...
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