Interpretation Of Doctrine Research Articles

Relationship Stability in a Polish Cultural Setting: A Moderated Mediation Model of Acceptance of Transcendence, Sanctification, and Religious Literalism

This cross-sectional study involved 470 Polish, Catholic (90%), married (67%), or unmarried cohabiting (33%) individuals (237 women and 233 men) and is the first to examine whether and how two dimensions of individual religiousness (inclusion vs. exclusion of transcendence (IT) and symbolic vs. literal interpretation (SI)) as assessed by the Post-Critical Beliefs Scale are associated with the participants’ perceived stability of their marriages/intimate unions. As expected, greater affirmation of God’s existence as real (i.e., higher inclusion of transcendence) and greater literal interpretation of religious doctrines (i.e., lower symbolic interpretation) were each associated with greater perceived stability of marital/cohabiting unions. Also as expected, the former pathway was mediated by sanctification for both types of couples. However, the mediation pathway from the IT and from sanctification to relationship stability was markedly stronger for those with more literal views of religious doctrine only for married couples, and this complex moderator effect was not found for cohabiting couples. The findings imply that Polish individuals with a firmer belief that God exists and a more literal belief in Catholic teachings are more likely to view their intimate partnership as sanctified, which, in turn, is associated with a lower risk of union dissolution.

Sharing a Stage in the Arena of Agency

Abstract Exactly five hundred years ago today, Erasmus engaged with Martin Luther in a debate on free will that continues to inspire, even if it evokes a notion of freedom that is no longer ours in every respect. Emphasising the need for a common-sense reading of Holy Scripture that did not require making conjectures about the existence of hidden forms of divine justice inconsistent with our own, Erasmus confronted Luther with the fact that his “necessitating” notion of grace was not in any way representative of earlier theological positions acknowledging the notion of free will. Refusing to be drawn towards an interpretation of grace that denied human beings the ability to activate the full spectrum of their natural reaction patterns, Erasmus stayed clear of translating earlier theological positions on grace in terms of an overruling of human agency. His theology continued to inspire later generations to work on their moral development rather than to act out of fear for divine retribution. Despite his name as a sceptic and a rhetorician, Erasmus’ decidedly this-worldly interpretation of religious doctrine not only reveals his argumentative agility and deep theoretical insight; it also prompts a universalist approach in theology that consistently favours a predisposition towards the humane.

The role of administrative courts in ensuring legal security for marriage and family: comments in the context of article 18 of the Constitution of the Republic of Poland

The article is devoted to the role of administrative courts in ensuring the legal security of an individual in the area of family law. The aim of the analysis is to demonstrate the guarantee of the preservation by the Polish constitutional legislator of the traditional form of marriage as a union of a woman and a man and the family created on this basis (Article 18 of the Constitution of the Republic of Poland). The article discusses the essence of legal security and the role of administrative courts in ensuring it, as well as the guarantee nature of the regulations of Article 18 of the Constitution of the Republic of Poland. Against this outlined background, the thesis on the inadmissibility of institutionalization of same-sex unions is argued. Problems resulting from the judicial practice of administrative courts related to the transcription of a child's birth certificate are also discussed. The scientific research was conducted by using traditional methods of jurisprudence, primarily the formal-dogmatic method. The linguistic, systemic and teleological interpretation of Article 18 of the Constitution of the Republic of Poland was applied. The directions of operational interpretation resulting from the case law of administrative courts were discussed. The views found in the literature on the subject (doctrinal interpretation) were taken into account, too. According to the author, the perspective of legal security strengthens the arguments stemming from the linguistic and historical interpretation of Article 18 of the Constitution and allows for a better justification of the inadmissibility of institutionalizing same-sex unions by means of a statute. Such a procedure seems particularly useful in the face of the growing tendencies in the law of other countries to eliminate the traditional form of marriage as a union of a woman and a man.

Queering the Rome Statute: Searching for the International Criminal Court’s Potential to Do Justice to Queer People

ABSTRACT The Rome Statute of the International Criminal Court (ICC) is tasked with holding individuals accountable for the perpetration of the most heinous international crimes. However, the Rome Statute does not provide express grounds for protecting queer people. This article examines to what extent the ICC can protect queer people, by adding a queer reading to doctrinal interpretations to trouble and problematise uncritical legal protection. The crime of genocide and the crime against humanity of persecution serve as the main sources of study, in addition to international human rights law due to its connection with the Rome Statute. The queer reading demonstrates that despite the ICC’s ability to protect queer people in some ways, the interpretations of the Rome Statute are limited in their potential to do justice to queer people. As such, this article ventures out into a discussion on the possibility for the ICC to ever provide justice for queer people by navigating queer abolitionist critiques. It argues for an approach that de-centres the ICC, thereby creating space for legal transformation to resist queer erasure, whilst simultaneously looking for alternative (re)imaginings that queer abolitionism creates.

What we talk about when we talk about ‘human shields’: Reading international law through images

Abstract This article advocates a turn to the visual in legal scholarship. The phenomenon used to elucidate this methodological proposition is the figure of the ‘human shields’ under international humanitarian law, viewed from within the lived history of the peoples of the Global South. Today, the ‘human shields’ notion profoundly shapes how international law operates in scenes of intense organized violence. Once deployed, the human shields claim triggers a radical shift in the applicable international legal framework. After this point, harm to the civilian population and space can be legally authorized and justified. This article challenges the ways in which the ‘human shields’ notion continues to be debated in mainstream legal scholarship and discourse in terms of doctrinal interpretation, examination of evidence, or analyses of ‘asymmetricity’ and ‘urbanization’ as ‘challenges’ in ‘contemporary’ war. Before any such inquiries, I argue, it is crucial to pay attention to the visual and the lived history of the peoples of the Global South. Images that exist in the cultural realm – of and about war and crime, the human shielding spectacle and its actors, and Global South societies – structure and delimit the legal conversation and predetermine its possible outcomes. I propose, in sum, an attention to the visual as a site of the legal inquiry that can inform our understanding and critique of the law and politics of human shields. Images enable, rationalize and provoke the emotions necessary for an ‘exceptional’ operation of international law that authorizes massive violence against Global South spaces and peoples.

Exploring the Economic, Social, and Moral Justice Ramifications of the Warhol Decision

Beyond rectifying the interplay of the derivative work right and fair use, Justice Sotomayor’s vigorous, direct, and, at times, combative parrying with the dissent in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith drove a dagger into the free culture movement’s critique of copyright law. The resulting decision repudiates the movement’s campaign to undermine the derivative work right through a simplistic transformativeness shortcut for applying the fair use doctrine. As this Article explains, the Copyright Act’s drafters enhanced the financial rewards to, economic power of, and control of copyrighted works by authors through the grant of a bundle of exclusive rights, including a broad exclusive right to prepare derivative works. The Act tempered those rights through limiting doctrines, express recognition and codification of the fair use doctrine, and a series of statutory limitations, exemptions, and compulsory licenses. The codification of fair use, however, was not intended to “change, narrow, or enlarge” the doctrine outside of its traditional bounds—criticism, commentary, news reporting, educational, and research uses—“in any way.” The legislative history further noted courts’ freedom “to adapt the doctrine to particular situations on a case-by-case basis,” “especially during a period of rapid technological change.” Congress saw licensing as a principal vehicle for supporting cumulative creativity and ensuring fair compensation to and control of derivative uses by authors. Notwithstanding this foundation and the Supreme Court’s faithful interpretation of the fair use doctrine in Campbell v. Acuff-Rose Music, Inc., the fair use doctrine veered off course as lower courts collapsed Campbell’s nuanced framework into a simplistic transformativeness analysis. The collision of this approach with the derivative work right prompted the Supreme Court’s intervention. The resulting Warhol decision reinforced the economic and social empowerment undergirding the 1976 Act. After tracing the emergence of the free culture movement and the devolution of the fair use doctrine, this Article explores the economic, social justice, and moral right dimensions of the copyright regime reflected in the Warhol decision.

CRIMINAL ANALYSIS OF PREMEDITATED BANKRUPTCY: ESSENTIAL CHARACTERISTICS OF THE CRIME

The article examines theoretical and applied problems of criminal liability for deliberate bankruptcy (Article 196 of the Criminal Code of the Russian Federation) with an emphasis on the features of doctrinal interpretation and regulatory regulation. Scientific understanding of the stated problem pursued the goal of expanding the extensive fundamental knowledge already achieved by criminal legal thought about the essential features of the elements of its composition. Within the framework of the research objectives, through systemic, functional and logical-legal analysis, a systemic relationship between intentional bankruptcy in its contradiction and unity with the categories of bankruptcy legislation was identified. The conclusion is substantiated that those provided for in Art. 196 of the Criminal Code of the Russian Federation, a socially dangerous act is a crime committed with the aim of illegally obtaining benefits in the form of the final liquidation of an organization, or avoiding liability for non-payment of debt.

Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline

AbstractIn this introductory essay to the special issue of Law & Policy, “Global Perspectives on Judicial Politics and Democratic Backsliding,” we critically examine the paradoxical role of courts during episodes of democratic backsliding. Despite operating without direct democratic accountability—relying instead on legal precedents and doctrinal interpretations—courts are pivotal in defending democratic integrity during episodes of backsliding. This issue, featuring 10 articles by 15 scholars, offers a comprehensive and nuanced analysis of judicial politics of autocratization. Half of the articles deal directly with the U.S. judiciary, highlighting its unique standing that allows it to both enable and resist democratic backsliding. The other half of the issue explores case studies from Europe, Southeast Asia, and Latin America, highlighting a great deal of variability of tactics, approaches and outcomes. Published during a critical electoral year in 2024, this collection emphasizes the need for ongoing research into the judiciaries' dual capacity to both safeguard and undermine democratic norms.

ON EQUALITY OF THE PARTIES WHEN RETURNING A CRIMINAL CASE FROM THE MAIN TRIAL STAGE TO THE PRELIMINARY HEARING STAGE

The author of the article, who took part in the constitutional proceedings as an expert, sets out the key provisions of her conclusion at the preliminary stage of consideration of the appeal to the Constitutional Court of the Republic of Kazakhstan by citizen R.A. Naushabayeva. Reasoned provisions, conclusions and recommendations of the expert opinion prepared by him are presented, based on the analysis of relevant international and national regulatory legal sources of legislation, the study of special literature and the doctrinal interpretation of the relevant norms of legislation in the field of criminal and criminal procedural law.

On the value orientations of the Russian version of human rights

The article proposes several ideas that make up the ideological, legal, and ethical prerequisites, which, in the author’s opinion, have a significant impact on the formatting and reformatting of the construction of human rights in the modern Russian version. Regulatory and law enforcement decisions are used as demonstration samples of the results of this impact, mainly from the field of family and work, including their doctrinal interpretation. Among these guidelines are the ideas of national sovereignty of approaches to human rights, their constitutional and judicial interpretation based on discretion, «weighing» public and private interests, as well as the actual development of ambiguous rights and freedoms, strengthening the role of the duty structure, subtle interaction of formal legal, ethical and religious principles.

The Concept of the Intermarium and the Confessional Issue: Geopolitical Challenges to Belarusian Orthodoxy in ХХ – early ХХI century

The article discusses the problems of merging geopolitics and religion. Using the example of Belarusian Orthodoxy, the author shows how religious institutions can become instruments for the implementation of geopolitical strategies, in particular the Polish foreign policy doctrine of the Intermarium. The influence of this doctrine on the position of the Orthodox Church in the Baltic-Black Sea region, including on the territory of Belarus, is analyzed. The author examines the specific historical conditions of the periodic actualization of Polish geopolitical projects in relation to Belarus. Using some examples, he shows the technologies of the United States working with the Belarusian anti-Soviet emigration and the technologies of using religious institutions to implement geopolitical strategies. It is concluded that modern interpretations of the Intermarium doctrine are directly related to the policy of the Patriarchate of Constantinople in relation to the East Slavic territories associated with the Kiev Metropolis of the XV–XVII centuries. The assessment of the activities of the primate of the Orthodox Church in Poland on the Ukrainian-Belarusian lands in the first half of the 1940s is new for domestic and foreign historiography as an attempt to build a “church Intermarium”. The article contains unique materials about the anti-Soviet activities of the Belarusian emigration, its contradictions and splits. The findings actualize the issue of developing mechanisms to counteract manipulative influence against the Orthodox Church, carried out in order to achieve political benefits. Based on the results of the consideration of the problem, a recommendation is proposed regarding the need for planned systematic work to strengthen church immunity against external manipulative influence, fraught with disruption of social and confessional balance in the Republic of Belarus.

Процессуальные возможности для заключения между сторонами оспоримой сделки реституционного соглашения об «иных последствиях» ее недействительности

The author considers the rules of paragraph 3, Art. 431.1 of the Civil Code of the Russian Federation in the context of its doctrinal interpretation and judicial enforcement. At present, neither in science nor in practice there is a uniform view as to what procedural mechanism should be used for exercising the rights of the parties to a voidable transaction to conclude an agreement on other consequences of its invalidity (restitution agreement). The author has made an attempt to derive an alternative formula for the procedural implementation of the norm of paragraph 3 of Art. 431.1 by referring to the background of the emergence of the norm in civil legislation, the specifics of the restitutionary legal relationship and the transformational features of the decision to invalidate a voidable transaction, and has developed specific proposals. For instance, based on the experience of German civil procedure, the concept of “partial solutions” is proposed for being introduced into procedural legislation.

An Original Synthesis of the Teaching of the Second Vatican Council. 50th Anniversary of the Publication of Card. Karol Wojtyła’s “Sources of Renewal”

The article shows that monograph “Sources of Renewal. The Implementation of Vatican II” by Karol Wojtyła is an innovative interpretation of the conciliar doctrine, aimed at deepening the awareness of faith and forming a Christian attitude of responsibility for the revealed truth and for the community of the Church. In presenting this issue, reference is made to reviews of the book published in Poland and abroad, noting also the genesis of the monograph and the history of its editions and translations into foreign languages. Such a perspective, without entering into a substantive analysis of the book’s content, nevertheless entitles one to conclude that Wojtyła’s monograph is an undervalued position in the contemporary discussion about Vatican II, as well as for understanding John Paul II’s pontificate as an intellectual and pastoral process of conciliar reception. Therefore, in-depth studies on the monograph are needed, as well as further editions of the monograph with an appropriate introduction and indexes to facilitate its reading.

Criminal Liability for Assisting in the Execution of Decisions of International Organizations in which the Russian Federation does not Participate

In May 2023, Article 284.3 of the Criminal Code of the Russian Federation came into force that declared criminal offense for «assistance in the execution of decisions of international organizations in which the Russian Federation does not participate, or foreign government bodies.” The syntactic construction chosen by the legislator does not make it possible, using a literal interpretation, to unambiguously determine the range of actions the commission of which entails criminal punishment. The history of the emergence and approval of the initiative to include Art. 284.3 demonstrates a serious problem in modern lawmaking: the unexpected appearance and hasty adoption of projects that are not discussed in the legal community and do not receive proper expert assessment.Goals and objectives of the study: to substantiate the doctrinal interpretation of the objective side of the act described in Art. 284.3 of the Criminal Code of the Russian Federation, as well as formulate proposals aimed at limiting the manifestations of so-called hasty lawmaking in the criminal legal sphere. During the research, the author was guided by the principles of the dialectical method of cognition (objectivity and comprehensiveness of consideration of the object of study, historicism, the universal connection of phenomena, systematicity), used general scientific (analysis, synthesis, induction, deduction, description, generalization, classification, analogy) and special scientific (historical) legal, sociological, legal forecasting) methods, and at the same time historical, functional and systematic ways of interpreting the law.The assumption is substantiated that the emergence of the official interpretation of Art. 284.3 of the Criminal Code of the Russian Federation in the near future is unlikely, and a doctrinal interpretation is proposed, which may be in demand in criminal proceedings and investigative activities, as well as in preparing explanations of the Plenum of the Supreme Court of the Russian Federation, relevant acts of the Constitutional Court of the Russian Federation and a bill aimed at clarifying the text of the recently adopted criminal law. A number of proposals have been argued to introduce amendments and additions to the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation, aimed at limiting the passage of poorly substantiated bills with significant legal and technical flaws in the criminal legal field.

Электронная демократия в России: юридическая форма и доктринальная интерпретация

Электронная демократия в России: юридическая форма и доктринальная интерпретация

Конституционное право на пересмотр судебных решений по уголовным делам: содержание, новые реалии

The article attempts a doctrinal interpretation of the provisions of Part 3 of Article 50 of the Constitution of the Russian Federation on the right of everyone to have a sentence revised by a higher court. The key properties of this subjective right, arising from the meaning of the Basic Law of the country, are given, and numerous legal positions of the Constitutional Court are analyzed, aimed at its consistent implementation in current legislation and law enforcement practice. The authors point to the obvious achievements of the domestic judicial system in ensuring the legality and fairness of acts of justice in criminal cases, and reflect on the current challenges of the current stage of development of constitutional and legal relations in the area under consideration.

Proust on the Subconscious: Psychic Splitting, Half-sleep, and Metempsychosis

Abstract This contribution explores the concept of the unconscious as articulated by Proust in his À la recherche du temps perdu (Proust ([1913–1927] 1998–1999) and in a series of documents and texts that preceded it. It aims at understanding whether and to what extent Proust can be placed in a line of French thought that begins with the work of Maine de Biran and culminates in the reception in the second half of the nineteenth century of Biranism by French alienists: doctors specialized in the study of mental alienation. This type of interpretation of Biran’s doctrine is attuned to the increasing attention which, at the time of Proust’s education, was given to the unconscious and to the idea that, alongside the conscious self, there is an unconscious self, understood as a secondary personality that can manifest itself in the life of the individual in both normal and pathological ways. Following the interpretative path pursued in Piazza (1997, 2017), Bizub (2006), and Fraisse (2013), this article takes into account both Proust’s secondary and university education and his familiarity with experimental psychology, to which he was introduced by his father.

Le sentiment dans les Pensées de Pascal: son origine, ses fonctions, son statut

Pascal founds his interpretation of the Augustinian doctrine of the corruption of human nature on a philosophy of faith inherited from Montaigne: « we are Christians in just the same way as we are Périgordians or Germans » (Essais, II, 12) : this conception of « human faith » is analysed, in turn, by means of concepts drawn from Descartes (passion) and Gassendi (imagination). He thus leads us to a very modern conception of « human faith » – without grace – as being the product of education and habit, a « sentiment » like so many others.

Constitution and Development of Constitutional Analysis

The implementation of the Constitution as a whole, its principles and individual norms is preceded by their awareness by the subjects of constitutional legal relations. In most cases, it has a stereotypical character, which is based on the repeatability of these legal relations, established traditions in the sphere of exercising power. However, in connection with the development of new legislative solutions, the identification of serious, socially significant problems in law enforcement practice, “semantic forks” inevitably arise, which require turning to the search for non-trivial constitutional solutions, justifications and assessments of the constitutional meaning of legal norms. In these situations, it is not enough to rely on the customs that have developed in the course of legislative and law enforcement practice. A systematic analysis is required aimed at clarifying how fully, consistently and consistently constitutional principles and norms are implemented, and whether the proposed solutions create a legal reality incompatible with the requirements of the Constitution and its doctrinal interpretation. These tasks are solved within the framework of constitutional analysis, a mental activity involving a combination of scientific and practical knowledge. Constitutional analysis is a comprehensive scientific method that combines both the beginnings of formal legal, doctrinal analysis, and concrete historical, comparative legal and political analysis. A critical constitutional analysis makes it possible to correct deviant law-making and law enforcement practices. Thus, constitutional analysis is a necessary element of the mechanism for the implementation of the Constitution and, in general, the development of the country's legal system.

ТЕРРОРИСТИЧЕСКИЕ ПРЕСТУПЛЕНИЯ В ПРИГРАНИЧЬЕ НА ПРИМЕРЕ КУРСКОЙ, БРЯНСКОЙ, БЕЛГОРОДСКОЙ ОБЛАСТЕЙ

The article focuses on the problem of committing terrorist acts in the border area. The concept of terrorist crimes and legislation (both international and national) in this area are defined. Some ways of preventing such crimes are noted. A study is being conducted on the specifics of terrorist crimes in modern conditions in the border area (using the example of the Kursk, Belgorod, and Bryansk regions) due to the fact that since the beginning of the Russian military special operation, Ukrainian militants have repeatedly staged sabotage in the border regions of Russia, including in the Kursk, Belgorod, and Bryansk regions. The concept of terrorism has been the subject of both doctrinal interpretations and legislative regulation for a long time. As a result of the study, some terrorist crimes are considered on the example of the Kursk, Bryansk and Belgorod regions. The topic of terrorist acts in the Russian border area is incredibly relevant, and also requires serious attention. It has many aspects that make it not only relevant, but also disturbing. To prevent terrorism, it is necessary to fulfill the following conditions, namely, strengthen border control, wage an ideological struggle against extremism, and solve socio-economic problems. It is important to cooperate with international organizations, as well as strengthen international security. But the inaction of international organizations in the fight against terrorism is quite an urgent topic and causes serious concern. To solve this problem, it is necessary to increase the effectiveness and coherence of international cooperation, expand the powers and resources of relevant structures, as well as develop common approaches to defining and countering terrorism.