29 research outputs found
Digitalization of law communication in the information society
The article examines the digitalization of law communication as the most important feature of the development of the law reality of the information society. On the basis of the discursive-communicative methodology, the communicative nature of virtual reality and the role of law means in ensuring conflict-free interaction of its subjects are analyzed. It is concluded that the manifestation of digitalization of law reality is the construction of cyber law, which simultaneously acts as a form of virtual law discourse and an institution of digital law. Cyber law is a set of rules conventionally formed in the process of law communication that regulate relations between two or more persons regarding virtual property and personal non-property benefits. The construction of cyber law is carried out in the process of law communication and is a conventional result of interaction that ensures conflict-free coexistence of virtual communities based on value orientations. The polyphonic nature of virtual law communication determines that cyber law is a fragmented set of relatively independent normative arrays of separate virtual communities that have only minimally common features that can be designated as the principles of cyber law (anonymity, conventionality, inviolability of private property, publicity)
IMPACT OF INDENTOR SLIDING VELOCITY AND LOADING REPETITION FACTOR ON SHEAR STRAIN AND STRUCTURE DISPERSION IN NANOSTRUCTURING BURNISHING
The article probes into a relationship of the shear strain intensity and the shear strain rate in the surface layer and the sliding velocity of a spherical indentor and its loading repetition factor. It brings forward an experimental procedure to evaluate the shear strain intensity and rate by analyzing the geometrical parameters of the bulge of plastically edged metal and the thickness of the shifted layer relative to different sliding velocities and feed rates
The use of early pottery by hunter-gatherers of the Eastern European forest-steppe
The Eastern European steppe and forest-steppe is a key region for understanding the emergence of pottery in Europe. The vast region encompasses the basins of two major waterways, the Don and the Volga rivers, and was occupied by hunter-gatherer-fisher communities attracted to highly productive forest/aquatic ecotones. The precise dates for the inception of pottery production in this region and the function of pottery is unknown, but such information is vital for charting the pan-Eurasian dispersal of pottery technology and whether there were common motivations for its adoption. To investigate, we conducted AMS dating, including a re-evaluation of legacy radiocarbon dates together with organic residue analysis and microscopy. The dating programme was able to clarify the sequence and show that hunter-gatherer pottery production was unlikely in this region before the 6th millennium BC. Regarding use, stable isotope and molecular analysis of 160 pottery samples from 35 sites across the region shows that terrestrial animal carcass fats were preferentially processed in pots at Middle Volga sites whereas aquatic resources dominate the residues in pottery from the Middle and Upper Don basin. This is supported by fragments of fish, legumes and grasses in the available charred deposits adhering to the inside of pottery from the Don basin. Since the sites from both river basins had similar environmental settings and were broadly contemporaneous, it is posited that pottery use was under strong cultural control, recognisable as separate sub-regional culinary traditions. The ‘aquatic hypothesis’, previously suggested to explain the emergence of Eurasian pottery, cannot be substantiated in this context
The transmission of pottery technology among prehistoric European hunter-gatherers
Human history has been shaped by global dispersals of technologies, although understanding of what enabled these processes is limited. Here, we explore the behavioural mechanisms that led to the emergence of pottery among hunter-gatherer communities in Europe during the mid-Holocene. Through radiocarbon dating, we propose this dispersal occurred at a far faster rate than previously thought. Chemical characterization of organic residues shows that European hunter-gatherer pottery had a function structured around regional culinary practices rather than environmental factors. Analysis of the forms, decoration and technological choices suggests that knowledge of pottery spread through a process of cultural transmission. We demonstrate a correlation between the physical properties of pots and how they were used, reflecting social traditions inherited by successive generations of hunter-gatherers. Taken together the evidence supports kinship-driven, super-regional communication networks that existed long before other major innovations such as agriculture, writing, urbanism or metallurgy
Borrowings of law as a means of improving the national legal system
Objective to comprehensively study the borrowings of law as a means of improving the national legal system. Great attention is paid to the classification of legal borrowings and the specifics of these processes in modern Russia.
Methods the methodological basis of the research is the synthesis of classical and postclassical ideological paradigms which determined the choice of specific research methods formallegal comparative method of legal modeling hermeneutic discursive.
Results the article studies the legal category of ldquoborrowings of lawrdquo. Based on the study of content focus and methods of law borrowings their classification reception of law legal dialogue legal acculturation legal transfer legal expansion is proposed. The authorrsquos interpretation of these concepts and their role in improving the national legal system is given. Special attention is paid to the nature and significance of law borrowings in Russia. The conclusion is made that the effective legal system development is possible only under the combination of legal borrowings and national legal values.
Scientific novelty for the first time the article analyzes the essence and content of law borrowings from postclassical viewpoint their classification is given defines their role in the legal development of modern Russia.
Practical significance the main provisions and conclusions of the article can be used in scientific and educational activities when considering the essence and content of legal development
Law nature of artificial intelligence
The article studies the essence of artificial intelligence from the standpoint of the jurisprudence. Based on the discursive-communicative methodology, it analyzes the ontological aspects of the development and functioning of artificial intelligence in modern law reality. It is concluded that artificial intelligence has a dichotomous law nature. On the one hand, as a tool for working with information, it has the features of an object of law. On the other hand, it itself produces information and participates in communication, in terms of its qualities approaching the subject of law. This implies a reassessment of the law system as a whole due to the possibility of the formation of norms by artificial intelligence itself. The legal definition of artificial intelligence at the moment is intended to construct the appropriate relationship and requires further clarification. We propose to introduce a new category of subjects of law, which can be called a “cyber-face” and which will refer specifically to artificial intelligence, as opposed to the concept of “digital person” used to designate a human (individual) as a subject of law in virtual reality
Prohibition as ontological basis of the Russian legal reality
Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia.
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Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research
methods comparative hermeneutic discursive.
Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation.
Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well.
Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions
Criminal-legal prohibitions in the soviet juridical discourse
Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse.
Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal.
Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism.
Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse.
Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law
Legal reality of Russia: constants and variables
Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm.
Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods.
Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism.
Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development.
Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development.
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