Interpretation Of Doctrine Research Articles

Revisiting Background Principles in Takings Litigation

The U.S. Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council was celebrated by libertarian property rights enthusiasts as a landmark decision that would revolutionize interpretation of the Constitution’s takings clause and finally fulfill its potential as a vehicle for deregulation. Over a quarter-century later, the Lucas decision has failed to meet those expectations. A major reason is that Justice Scalia’s opinion created an exception that effectively swallowed the rule that Lucas established. The Lucas case held that land use regulations whose effect on landowners’ property produced a total loss of economic value were per se, categorical takings. However, Justice Scalia qualified the categorical rule by creating an exception if the regulation merely replicated “background principles” of property or nuisance law. His Lucas opinion explained that an examination of background principles was a “logically antecedent inquiry” in takings cases because it defined the nature of the alleged “private property” taken by the regulation. Over the years, courts have interpreted the background principles rule expansively, while the per se taking rule has rarely applied. Background principles, as an inquiry antecedent to takings claims, demand analysis of applicable property and nuisance law because they determine the nature of the “private property” alleged to have been taken. Consequently, this examination is step 1 of any claim for compensation — regardless of whether an alleged physical occupation or appropriation, an economic wipeout, or a regulatory taking subject to judicial balancing. Step 2 — whether there has been a taking requiring government compensation—cannot proceed until a court conducts the initial inquiry into the alleged property right. This article surveys recent background principles cases, building on earlier studies. The survey reveals that courts have continued to recognize common law background principles like the public trust doctrine, the navigation servitude, customary rights, and even burial rights. In addition to common law background principles, courts have found numerous statutory background principles — including public ownership of wildlife and water, zoning, and federal mining regulations. Other cases have rejected some statutes as background principles, including wetland regulations, environmental impact statement requirements, and flood control operations. Background principles are likely to continue to be a dynamic area of property and constitutional takings law for the foreseeable future because the issue will be raised early in every takings case, and the results may be as varied as the states’ interpretation of their property and nuisance laws. Background principles should prove a fruitful source of state court modern interpretations of vintage doctrines like the public trust, customary rights, and public ownership of wildlife and water, even rights to access burial grounds. These cases will likely make takings law a vibrant area of property law for years to come.

Концепт стратешке културе у студијама безбедности

The concept of strategic culture emerged in the late 1980s. The author who founded this concept in security studies, Jack Snyder, used the concept of strategic culture for interpretation of Soviet nuclear doctrine in the Cold War period. The conceptualization of strategic culture has played a dominant role in two theoretical approaches to the study of security, realism and social constructivism. The aim of this paper is to show the way of conceptualization of strategic culture in security studies, more precisely, within the realism and social constructivism schools. The realization of this goal implies the attempt to present the most relevant findings of the authors who have discussed the concept of strategic culture in their works. The conceptualisation view is divided into three generations of authors, while the works of the first and third generation authors, Colin Gray and Alistair Johnston, represent the "core" of methodological disputes regarding the concept of strategic culture. The essence of the concept of strategic culture is that national culture is a foundation that embodies and builds a unique approach to foreign policy, based on a culturally understanding of war and the use of force.

ВИНА У СКЛАДАХ ЗЛОЧИНІВ ПРОТИ ОСНОВ НАЦІОНАЛЬНОЇ БЕЗПЕКИ УКРАЇНИ ПРОБЛЕМНІ ПИТАННЯ ТЕОРІЇ ТА ЗАКРІПЛЕННЯ У ЗАКОНІ ПРО КРИМІНАЛЬНУ ВІДПОВІДАЛЬНІСТЬ

ВИНА У СКЛАДАХ ЗЛОЧИНІВ ПРОТИ ОСНОВ НАЦІОНАЛЬНОЇ БЕЗПЕКИ УКРАЇНИ ПРОБЛЕМНІ ПИТАННЯ ТЕОРІЇ ТА ЗАКРІПЛЕННЯ У ЗАКОНІ ПРО КРИМІНАЛЬНУ ВІДПОВІДАЛЬНІСТЬ

Орхусская конвенция: российские и зарубежные доктринальные оценки

INTRODUCTION. The article provides a doctrinal legal description of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998) (hereinafter referred as the Aarhus Convention). According to the common position of the Russian and Anglo-American legal scholars, the Aarhus Convention was a new and crucial step in linking environmental protection measures with human rights, including through improved international legal mechanisms for environmental impact assessment. The few assessments of this convention in the Russian science of international law are restrained. In the Anglo-American scientific literature the scholars see legal value of this convention as a source of international law in the context of the Convention setting very specific legal standards for public participation in environmental protection measures. MATERIALS AND METHODS. The material for the study was the Aarhus Convention itself, the previous international legal instruments on environmental protection, as well as the European Union Directives defining the basis of the environmental impact assessment procedure, primarily against the background of the interpretation of these legal instruments in the Russian and Anglo-American international legal doctrine. The methodological basis of the study was general scientific and private scientific methods of cognition (dialectical method, methods of analysis and synthesis, deduction and induction), as well as special methods used in legal science, such as historical and legal, formal legal and comparative legal methods. RESEARCH RESULTS. In the article, the author critically analyzed how the Russian and AngloAmerican scientific publications on international law assesses the impact of the Aarhus Convention on the development of international environmental law. What is especially important, the conventional mechanisms are analyzed in the context of the applicable court practice to the Arctic regions. The article deals with the doctrinal interpretation of the Convention mechanisms of harmonization of socio-environmental (including environmental) and economic interests of States and their individuals, physical and legal, especially against the background of environmental law of the European Union. DISCUSSION AND CONCLUSIONS. In the article the author draws the reader’s attention to the fact that the Aarhus Convention is little studied even in foreign courses of international law, especially in the Russian international legal doctrine. Having been adopted through the UN Economic Commission for Europe platform, the Aarhus Convention entered into force in 2001, the Anglo-American legal literature is considered as closely interrelated with the development of environmental regulation in the States of the European Union taking into consideration that in the Aarhus Convention that many procedural and legal elements related to public participation in decision-making on specific activities, including in the field of energy, as well as the receipt of significant environmental information by the population, have been developed. The Aarhus Convention, having had a significant impact on the development of the legal mechanisms at the intersection of the human rights and environmental sectors, is aimed at the effective harmonization of social, environmental and economic interests what is especially important for the verification of the regime of environmental protection in the Arctic.

Selected Ways of Acquiring Securities in the Conditions of the Slovak Republic

One of the basic tools of the capital market are securities. Under the currently valid and effective legislation, ownership of securities can be acquired through three types of scrambling contracts. It is a contract for the purchase of securities, a contract for the donation of securities and a contract for the loan of a security. These contract types are primarily regulated in the Securities Act as the “lex specialis” of securities law, with subsequent reference to the legal regulation contained in the Civil Code and the Commercial Code. The authors are focused on a donation of securities lending of securities, which are used in practice only a little, or even at all. For this reason, no attention is paid to them either by legal theorists. The authors, through scientific and doctrinal interpretation, examine the selected provisions of the Securities Act, the Civil Code and the Commercial Code relating to the issues of these agreements. Through professional literature and court decisions, they are looking for answers to practical application problems. Last but not least, they compare legal regulations in Slovakia and the Czech Republic and point to the differences. The study of the selected issues related to the acquisition of securities in the conditions of the Slovak Republic represents the main objective of this contribution, which affects also the area of economics or financial management. Priority, however, is in the area of financial law with significant transitions to civil and commercial law.

ANÁLISE SUSCINTA SOBRE A TENTATIVA NO FURTO PRIVILEGIADO

The present work have for objective, realize a study about the attempted in the crime of privileged theft, as provided in § 2º in the article 155 of the penal code. The Method applied was legal deductive based in the interpretation of jurisprudence, constitution, regulation, theories and similar doctrines. It concludes that, indeed there is not detailed writer about the possibility, but the jurisprudence have recognized the attempted in the crimes of privileged theft, wich support the study the light of prism case-law

Doing gender, modestly: Conceptualizing workplace experiences of Pakistani women doctors

Using the theoretical framework of inequality regimes, this article offers a reconceptualization of purdah as it is practised, lived and experienced by women doctors of Pakistan. Based on an ethnographic study of Pakistani women doctors, this research indicates that practising purdah in the workplace is perceived as doing femininity within the hegemonic masculine workplace culture of Pakistan. In Pakistani organizations, individual and institutionalized practices of purdah create a gendered substructure which marginalizes women doctors by dictating the norms of conduct, international ethics, organization of physical space and work allocation. Patriarchal interpretations of religious doctrines of modesty provide legitimacy to the existence of these inequality regimes. Based on this, the article argues for a system‐level theorization of purdah that accounts for both individual and institutional norms of veil. Such conceptualization contributes to our understanding of how religion intersects with gender, class and race to create complex systemic inequities in organizational structure.

THE USE OF THE TERMS «MINIMUM WAGE» AND «LIVING WAGE FOR ABLE-BODIED PERSONS» IN ORDER TO IDENTIFY THE SIGNS OF OFFENSES IN THE FIELD OF ANTI-CORRUPTION FINANCIAL CONTROL

Purpose: the doctrinal interpretation of Art. 172-6 the code of Ukraine about administrative violations and Art. 366-1 of the Criminal Code of Ukraine, in part of the calculation in monetary terms, of the magnitude of the discrepancy between deliberately false information in an anti-corruption declaration in relation to property or other object of declaration, which has value, and reliable information regarding such objects. Results: it was concluded that the retroactive effect of the law in time (the norms provided for in Part 4 of Article 172-6 of the Code of Administrative Offenses and Part 1 of Article 366-1 of the Criminal Code of Ukraine) in connection with the adoption of the Law of Ukraine «On Amendments to Some Legislative Acts of Ukraine» of 06.12.2016 and in connection with the increase of the subsistence minimum for able-bodied persons in accordance with Art. 7 of the Law of Ukraine «On the State Budget of Ukraine for 2017» does not arise. Discussion: the necessity in the development of the doctrinal basis of criminal lеgislation is grounded in order to prevent changes in the criminal law influence on legal relationships not planned by the legislator.

The Full Deduction Rule and the Substance Over Form Doctrine

In this essay, we discuss the application of substance over form and related common-law interpretive doctrines to the new donation credit proposals, the so-called “SALT workarounds.” The authors conclude that, unlike in the context of corporate tax shelters, application of these doctrines would involve the IRS and courts in decisions best left for Congress. This is not only because applying these doctrines will require making intrusive and controversial policy decisions, but also because there is no rush. The classic tax shelters were developed in secret and often took years to come to the attention of the IRS, and still longer before legislation could prospectively reduce their benefits. Promoters could be three shelters down the road before an earlier one was uncovered. If shelters worked until they were legislated against, there would always be shelters that worked, and new shelters in development. Application of backup common law doctrines was, as a practical matter, a necessity. That is not the case here; Congress is clearly aware of the issue and can make distinctions between different programs and beneficiaries as it sees fit. Authors’ Note: This Essay was written before the promulgation of regulations in connection with state responses to the capping of the SALT deduction.

Passion, Impulse, and Action in Stoicism

Abstract A familiar interpretation of the Stoic doctrine of the πάθη runs as follows: The Stoics claim the πάθη are impulses (ὁρμαί). The Stoics take impulses to be causes of action. So, the Stoics think the πάθη are causes of action Premise (1) is uncontroversial, but the evidence for (2) needs to be reconsidered. I argue that the Stoics have two distinct but related conceptions of ὁρμή – a psychological construal and a behavioural construal. On the psychological construal (2) is true, but there is strong evidence that (1) is true only on the behavioural construal. That is, when the Stoics classify πάθη as impulses they are thinking of them not as impulses to act, but as cases of action in their own right.

El Documental y la historia de los vencidos: la década perdida en Ecuador a través de los documentales sobre Alfaro Vive Carajo.

La utilización del documental como un testimonio histórico ayuda a la construcción de un relato histórico más amplio. Esto es especialmente interesante a la vista de la creación de una “historia de los vencidos” que aporta visiones que chocan con la interpretación doctrinaria del pasado. Para ello nos basaremos en los documentales de “Alfaro vive, del sueño al caos “(sabel Dávalos, 2007) y "Alfaro Vive Carajo" (Mauricio Samaniego, 2015) como ejemplos del rescate de otras miradas referentes al conflicto guerrillero de Alfaro Vive Carajo (AVC) durante el Ecuador de la década de los 80. 
 Abstract
 The use of the documentary as a historical testimony helps to build a larger historical narration. This is especially interesting in view of the creation of a history of the defeated that brings visions against the doctrinal interpretation of the past. For this we will be based on the documentaries of Isabel Dávalos Alfaro vive, del sueño al caos (2007) and Mauricio Samaniego Alfaro Vive Carajo (2015) as examples of the rescue of other glances referring to the guerrilla conflict of Alfaro Vive Carajo (AVC ) at ecuador during the 80’s. Ending with a criticism of the topic of binary “East-West” speeches during the Cold War era.

The Problem of Gender and Women's Ordination: Variability of Interpretation in Different Concepts of Feminist Theology

The article offers an overview of the concepts of prominent representatives of feminist theology devoted to the gender problem in religion, and also analyzes the key features of Protestantism as a basis for the formation of women's ordination. The purpose of this article is to study the relation between the key principles of feminist theology, events within the Protestant denomination - Anglicanism and the emergence of women's ordination of the late of the twentieth century.The author found that the emergence of feminist movements gave impetus to reassess the existing patriarchal traditions in Christianity, which assigns women only a minor role in the church and in the most radical reading reduces her essence to sin. The victory of the feminist movement in the secular sphere also had a significant influence in religious directions. Feminist theorists began exposing sexism in Christianity since the 1960s. At the same time there was the formation of separate direction of theology - feminist. Among the prominent representatives are S. Beauvoir, M. Daley, L. Irigarey, and others. Their works laid the new paradigm and the foundation for understanding the need for equality of gender relations in the religious sphere. Thanks to the efforts of activists of religious women's movements, such a denomination of Protestantism as the Anglican Church first revised its rules and allowed women to ranks of the hierarchy. Protestantism is the most loyal on the issue of the ordination of women from the three branches of the Christian tradition. This is due to the fact that a number of Protestant churches are characterized by the egalitarian tendency (position of equality).In 1994, the Church of England finally approved at the canonical level the women's right to the priesthood, and in the same year the first women were ordained priests. The conclusion comes by the issue of female priesthood arises as a synthesis of feminism and original interpretation of the theological doctrine of the priesthood in Protestantism: the priesthood for Protestants is not a san, but a post. In this connection, they consider that an obstacle to the ordination of women in ancient times was only a socio-cultural tradition of those times and today only need to restore justice and equal rights for women and men. In addition, the actualization of the question of the ordination of women in the holy ward is due to the absence of direct prohibitions in the Scriptures.

Abstract C03: Reducing Muslim mammography disparities: Outcomes from a religiously tailored mosque-based intervention

Abstract Objective: To describe the design of, and participant-level outcomes related to, a religiously tailored peer-led group education program that addressed mammography-related barrier beliefs of American Muslims. Methods: Using community-engaged research methods including a multidisciplinary community advisory board, we identified and then intervened upon barrier beliefs impeding mammography screening among American Muslim women. Phase 1 of the project involved focus groups and interviews with an ethnically diverse group of women aged 40 and older sampled from Muslim organizations to identify salient behavioral, normative, and control beliefs regarding mammography. Phase 2 entailed interviews with the same target population to elicit ideas about intervention design. CAB members and staff used these data to design the curriculum and messaging for a religiously tailored mosque-based intervention involving peer-led group education classes. Peer educators were recruited and trained from mosques and were religious and ethnically concordant with the target intervention population. The classes involved facilitated discussions and guest-led didactics covering religion and health and mammography. Survey data from group education participants were collected pre-intervention, post-intervention, 6 months post-intervention, and one year post-intervention. Survey instruments recorded changes in mammography intention, likelihood, confidence, and resonance with barrier and facilitator beliefs. The structural elements and messages of the classes tackled barrier beliefs in at least one of 3 ways: (i) Reprioritizing--introducing another religious belief that has greater resonance with participants such that the barrier belief is marginalized; (ii) Reframing the belief within a religious worldview such that it is consistent with the health behavior desired; and (iii) Reforming--using a religious scholar to provide “correct” interpretations of religious doctrine. Results: 52 Muslim women (mean age = 50 yrs) who had not had a mammogram in the past two years, of whom 18 were of Arab descent and 27 South Asian, participated in the two-session course. The pre- and post-self-reported likelihood of obtaining a mammogram increased significantly following the intervention (p=0.03), as did breast cancer screening knowledge (p=0.0002). Greater resonance with facilitator beliefs significantly predicted positive likelihood changes (OR 1.31, p=.003). Participants with higher negative religious coping (OR = 1.33, p=0.04) and greater resonance with facilitator beliefs (OR = 1.44, p = 0.00) had higher odds for having an intention to get a mammogram post the class, while those with higher religiosity (DUREL, OR = 0.72, p= 0.01), and more resonance with barrier beliefs (OR= 0.72, p= 0.01) had significantly lower intentions. At six months' follow-up, 42% (n= 20/47) of participants had obtained a mammogram and 7.7% (n=4) were lost to follow-up. Conclusion: Our pilot mosque-based intervention involving religiously tailored messages delivered through peer-led classes demonstrated efficacy in improving Muslim women's self-reported likelihood of obtaining mammograms post-class, and over 40% of participants eventually obtained a mammogram within 6 months of the classes. Citation Format: Aasim Padela, Sana Malik, Shaheen Nageeb, Monica Peek, Michael Quinn. Reducing Muslim mammography disparities: Outcomes from a religiously tailored mosque-based intervention [abstract]. In: Proceedings of the Tenth AACR Conference on the Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved; 2017 Sep 25-28; Atlanta, GA. Philadelphia (PA): AACR; Cancer Epidemiol Biomarkers Prev 2018;27(7 Suppl):Abstract nr C03.

The ‘Ratio Legis’ of Article 177 of the Russian Criminal Code

In the article the authors examine intersystem relations and problems of deliberate evasion of the repayment of debts of a large size, or from the payment for securities, after the entry into legal force of an appropriate court judgment. The author pay attention to the construction of the crime, actus reusand its characteristics and to the main categories: accounts payable, organization, organization's manager and malignance. The analysis of judicial practice and the theory is carried out too.
 The phrase ‘accounts payable’ has some blurry boundaries, and as a result, it causes considerable difficulties in the qualification of the act.
 It is concluded that that the criminological characteristics of accounts payable are much narrower in comparison with the generally accepted in the civil doctrine interpretation of an obligation. A similar situation is with the treatment of the notion ‘organization's manager’. The specific of the legal status of the manager is in the civil and employment law relationships, that indicates its complex nature.
 In this regard, at least two elements of the corpus delictiprovided by Article 177 of the Criminal Code of the Russian Federation relating to the object and to the subject of the crime contain private-law characteristics. These characteristics have legal content and meanings which remain controversial, for theoretical and practical reasons. The civilized category ‘conscientiousness’ is the cornerstone of the concept ‘malignance’ in the civil law. The category ‘conscientiousness’ or ‘good conscience’ (‘bona fides’) is, in turn, of an evaluative nature and has the highest form of abstraction. In the opinion of the authors, the ‘ratio legis’ of the criminal structure of Article 177 of the Criminal Code, hidden behind evaluative categories, should be reflected in the real possibility to enforce the judicial act. The disposition of the norm implies that the implementation of final rulings should be taken into account. Therefore, malignance in the behavior of the debtor cannot be judged without taking into account the entire procedure to be followed in enforcement proceedings.

Verdad, Vida y Camino del bodisatva: lectura inter-confesional del Sutra del Loto

Tres ideas básicas del Sutra del Loto son: el Vehículo Único hacia la Verdad Última; la Vida Eterna del Buda Originario; y el Camino de la Compasión Universal de los Bodisatvas. Dejando para los estudios históricos la tarea de interpretación filológica y doctrinal de este texto clásico religioso, aquí intentaremos presentar la posibilidad de una lectura que lo descontextualice y recontextualice para destacarlo que nos hace pensar al leerlo en el marco de un diálogo intercultural e interconfesional. Tanto una filosofía o espiritualidad no teista como otra teista, sin renunciar cada una a su identidad, podrían encontrarse al enfocar algunos aspectos principales del Sutra del Loto como, por ejemplo, la verdad unificadora del universo y el auténtico aspecto de todas las realidades; la vida eterna del Buda Shakamuni y su presencia en la interioridad humana como naturaleza búdica o capacidad de alcanzar la iluminación; y en la acción compasiva universal de los bodisatvas.

The Interpretation of the Doctrine of Binary Form of Information Network Crime

In the network information era, it is necessary to set partial pre-prevention behavior of the crime of illegal use of information network to respond to virtuality, technical transcendence and stakeholder-based order of network risk society. Crime of illegal use of information network, should not be determined as a ready behavior of principal offender as a whole, and from a perspective of precise language norms of criminal law, there exists a dual qualitative standard in behavioral form of information network crime, namely ‘preparation act of principal offender’ and ‘pure perpetrating act’. The practice of ‘pure perpetrating act’ as a criminal form in crime of illegal use of information network considers the technological rules of network risk society, and applies technological changes in the network information age to coping direction, content structure and discourse cohesion of network criminal law system. The technological rules of cyber criminal law include the proportion principle of technical specification setting, the allowable risk principle in technical specifications, and the typed principle of technical specification arrangement. In view of this, the virtual nature of cyberspace is regarded as the reality of technological changes and its dual form construction remains in double space. The transcendence of network technology is seen as the advance trend of technological changes, and its dual form construction has the prospectiveness of regulation. The stakeholder of network order is regarded as the hazard evaluation of technological changes, and its dual form construction corresponds to pluralistic behavior prevention. Complying with the doctrine interpretation of normalized practice of Article 22 of the ‘criminal law’, ‘in order to crime’ should place emphasis on the correspondence between criminal purpose and preparatory act, ‘the preparation of the instruments’ must be limited to direct tool preparatory behavior, and ‘creation of conditions’ do not have specific patterns of preparatory using behavior. Under the basic guidance of the dualism of behavioral form of information network crime, a ‘website’ set up should include space types under ‘three-network integration’; the issued ‘information’ evaluation should be interpreted in terms of ‘time, nature and type’. Firstly, based on the time-dimension analysis of information release, the distribution is restricted to illegal information when the behavior is restricted. Secondly, in view of the substantive interpretation of the multiple types of publication, disguised information release act also provides a punishment basis. Finally, as for the nature judgment of the published information, it is necessary to avoid confusion with information types of release preparation act. While legislation trend towards preparation act of principal offender suffers a lot of criticism by the theoretical circle, crime of illegal use of information network as a type of network tool crime shall timely reverse the determination of discourse form and fact structure concerning an expansion of its transformation from preparation act to pure perpetrating act. In order to overcome uncertain infringement of legal interests resulting from the potential factors of network risk society, the establishment of a dual qualitative standard in behavioral form of information network crime, namely ‘preparation act of principal offender’ and ‘pure perpetrating act’, has reality feasibility, norm dredging and theoretical extension.

Securities Law in the Sixties: The Supreme Court, the Second Circuit, and the Triumph of Purpose Over Text

This articles analyzes the Supreme Court’s leading securities cases from 1962 to 1972—Capital Gains, J.I. Case v. Borak, Mills v. Electric Auto-Lite Co., Bankers Life, and Affiliated Ute—relying not just on the published opinions, but also the justices’ internal letters, memos, and conference notes. The Sixties Court did not simply apply the text as enacted by Congress, but instead invoked the securities laws’ purposes as a guide to interpretation. The Court became a partner of Congress in shaping the securities laws, rather than a mere agent. The interpretive space opened by the Court’s invocation of purpose allowed a dramatic expansion in the law of securities fraud. Encouraged by the high court’s dynamic statutory interpretation doctrine, the Second Circuit—the “Mother Court” for securities law—developed new causes of action that transformed both public and private enforcement of the securities laws. The insider trading prohibition found a new home in the flexible confines of Rule 10b-5. Implied private rights of action encouraged class actions to flourish. The growth of fiduciary duty in the 1960s created a blueprint for “federal corporation law.” The Supreme Court’s “counter-revolutionary” turn in the 1970s cut back on purposivism and the doctrinal innovations of the Sixties, but the approaches to insider trading and private rights of action survived, remaining pillars of securities regulation today.

Naturalizing the subjective side of the crime

Advancements in neuroscience cast new light on the functioning of the human mind. This is especially important within the context of criminal law, wherein consciousness plays a crucial role in determining criminal responsibility. Yet, there are some caveats in the direct application of these new findings, most of which are related to the specific conceptual framework of law based upon commonsense knowledge and (sometimes) outdated psychology. This framework has also produced different doctrines of interpretation in the systems of common and civil law. Moreover, the goals of the law are to some extent different from scientific research on the brain. The aim of this study is to assess to what extent and under what interpretation scientific knowledge concerning consciousness might be useful for legal purposes, especially for the criminal law. Our assessment is that most of the current concepts of criminal law are directly related to outdated psychological and neuroscientific theories, and that the content of those concepts should be updated according to the newest scientific findings while remaining in accordance with the primary functions of criminal law.

УЗУФРУКТ В РИМСКОМ, ФРАНЦУЗСКОМ И ГЕРМАНСКОМ ПРАВЕ: СРАВНИТЕЛЬНО-ПРАВОВОЕ ИССЛЕДОВАНИЕ

Usufruct is considered to be a truly universal mean of using someone else’s thing by agreement with its owner. The institution of usufruct, thus, allows the user, without buying a thing to use all (or some) of its advantages (or fruits) without taking any responsibility for it. In the course of its historical development (and in particular under the impact of Germanisation of this institution) usufruct (its structure, purpose, social functions and, what is even more important, its place in the system of modern legal institutions) underwent considerable changes. To answer the question what particular transformations usufruct has suffered the author analyzed in a comparative way its legal constructions and doctrinal interpretations (social and economic conceptions) in Roman, French, and German law. The article defines the regularities in forming an institution of usufruct in the Roman-Germanic legal family.

Higher Education at the Brink of Modernization

Higher Education at the Brink of Modernization Clay Cooper (bio) Thomas W. Simpson. American Universities and the Birth of Modern Mormonism, 1867–1940. Chapel Hill: University of North Carolina Press, 2016. xiv + 229 pp. Halftones, maps, tables, chronology, appendices, notes, bibliography, and index. $29.95. Andrea L. Turpin. A New Moral Vision: Gender, Religion, and the Changing Purposes of American Higher Education, 1837–1917. Ithaca and London: Cornell University Press, 2016. xi + 339 pp. Notes and index. $49.95. Historians of religion and higher education have naturally gravitated to the nineteenth century as a period that helps explain how an essentially medieval institution available mostly to a small number of elite men in 1800 became a common experience for many Americans, especially women, in the twentieth century. Since the establishment of higher education in North America, colleges had been contending with a secularizing society with increasingly liberal interpretations of religious doctrines. In response, administrators at Protestant colleges generally relaxed requirements for religious participation on campus in the late nineteenth century and began to focus on cultivating a service ethic among their graduates instead of instilling conversion-based religious orthodoxy. This coincided with a broader transition away from classical models of a liberal arts college to a coeducational, utilitarian, German-inspired university system where faculty conducted research instead of monitoring student behavior. Two recent works examine the impact of modernist religious thought on American colleges and universities while highlighting the stories and contributions of often-overlooked groups. Andrea L. Turpin's book, A New Moral Vision: Gender, Religion, and the Changing Purposes of American Higher Education, 1837–1917, surveys institutional changes at mostly northern and midwestern colleges, highlighting the role of women as educators, administrators, and students in liberalizing and repurposing higher education. In American Universities and the Birth of Modern Mormonism, 1867–1940, Thomas W. Simpson explains how the exiled Mormon population remained conflicted about secularized [End Page 253] education. While some Mormon men and women embraced the new educational and religious model as students and educators, many religious elders balked at the growing heterodoxy. Collectively, Simpson's and Turpin's books illustrate the challenges of questioning traditional religious authority. Both accentuate, to varying degrees, the contributions that women have made in modernizing the academy and society. Between the two, Simpson more thoroughly documents the direct impact of students on the operation and ideology of college campuses in the half-century after the Civil War. Turpin's meticulously researched monograph, A New Moral Vision, concentrates on the responses to modernization of ten "nationally influential institutions" and "representatives of leading women's colleges": Mount Holyoke, Oberlin, Princeton, Harvard, Evelyn, Radcliffe, Wellesley, Bryn Mawr, Michigan, and California (p. 6). Turpin's scope represents a balance of extensively studied elite colleges and women's colleges in order to show "what we [historians] have missed in plain sight" (p. 6). Therefore, she admittedly excludes "southern, Catholic, historically black" institutions, and those "that retained an evangelical (or, later, fundamentalist) identity long into the twentieth century" (p. 7). A New Moral Vision contains several main arguments surrounding the intersection of gender, religion, and higher education. Turpin fashions an alternative vocabulary for thinking of the changes to religion and educational policy beginning in the late nineteenth century. In this idea of "relational spirituality," an older, stricter, conversion-based understanding of Christianity is dubbed "vertical spirituality" since the focus of religion is between the individual and a deity above in heaven, and the newer service-oriented Christianity is "horizontal spirituality" since the emphasis is on altruism and relationships between people (pp. 17–18). She argues persuasively that this terminology helps prevent readers from fallaciously assuming that modernist Christianity entailed a total lack of religious belief and practice among students. Turpin also argues that modernist, horizontally focused institutions arranged their curricula and broader moral messages according to gender roles more specifically than traditional schools. Turpin maintains that the elite male colleges that refused to accept women after the Civil War, such as Princeton and Harvard, insisted that their purpose was to train highly successful people, who just happened to be men. This argument suffers from a dearth of evidence in analyzing the language of masculinity in only a small...