Liberal Model Research Articles

The Blue Beret

The Blue Beret

Transnational Backlash and the Deinstitutionalization of Liberal Norms: LGBT+ Rights in a Contested World

Integration into the international community is typically used to explain liberal outcomes. However, is it possible that such integration can also explain rising illiberalism? Using the case of LGBT+ rights, I argue that backlash to liberal norms is increasingly organized transnationally and that exposure to global norms via integration explains both liberal and illiberal outcomes. I test this argument through extensive original data collection and by using time-series cross-section, multinomial, and cross-lagged panel models. Robust findings reveal how exposure to global norms spurs policy backlashes—not just expansions—depending on how countries are situated within pro- and anti-LGBT+ transnational networks. This study contributes to our understanding of the changing international system by revealing how illiberal actors use mechanisms built by the liberal international community to transnationally organize and advance illiberal norms—ultimately fueling the deinstitutionalization of once-dominant liberal models.

ПРОБЛЕМА КОНСЕНСУСА ГОСУДАРСТВА И ГРАЖДАНСКОГО ОБЩЕСТВА В РОССИИ: СОЦИАЛЬНЫЕ ПРОТИВОРЕЧИЯ И ПЕРСПЕКТИВЫ

Objective of the study is to consider social contradictions and prospects in the development of civil society in Russia. The methodological basis of the research consists of civilizational and neoinstitutional approaches, as well as the provisions of the theory of civil society. Research results. This article analyzes social contradictions and prospects for the development of civil society in Russia. For the successful innovative development of the country, both attempts to preserve the paternalistic model of state-society relations and to plant a Western liberal model that is historically alien to Russia are equally unsuitable. The path of Russia is the path of an uneasy dialogue between the government and society in order to achieve their long–term consensus. Prospects of the study. The problem of relations between the state and civil society is of scientific and practical interest in connection with the need to develop civil institutions in Russia.

Investigation of Liberation Properties and Mineral Fracture Mechanisms of Iron Ores with Different Mineral Grain Sizes at Different Grinding Degrees

ABSTRACT Understanding the liberation properties of minerals in ores with different grinding degrees is very important for establishing liberation models. However, a detailed study of the effect of grinding degree on the liberation properties of minerals in ores is still highly desirable. In this study, three types of iron ores with different mineral grain sizes were ground to different particle size distributions by locked-cycle grinding and batch grinding. The liberation properties of iron oxide minerals and quartz in each grinding method and the size fraction product were analyzed using Mineral Liberation Analyzer (MLA). Statistical methods were used to quantify the extent of the difference in liberation properties between the two grinding methods. Furthermore, the fracture mechanisms of iron oxide minerals and quartz were investigated. It was found that the liberation degrees of the products were higher in locked-cycle grinding with a lower grinding degree. For fine-grained iron oxide minerals, the iron oxide minerals distribution of 80–100% composition class differed by 22% at −75 + 53 μm size fraction with the two grinding methods, and its corresponding standardized mean differences (SMD) was 20.5, indicating that the difference was statistically significant. The significant change in the percentage of intergranular fracture with different grinding degrees is the reason for the obvious difference in the liberation properties of the products.

The classical liberal version of labor law: Beware of coercion dressed up as liberty

Abstract In this Article, I contest on both theoretical and empirical grounds the progressive agenda, as represented by Hanoch Dagan, that seeks to advance the unionization movement in the name of individual autonomy and property. Theoretically, the Article shows that the common-law account of autonomy, which stresses freedom of action from external constraints involving the use or threat of force, provides the best analytical framework, one that undermines the modern progressive case for collective bargaining by workers. The negative account of autonomy applies to all persons; its correlative duties are simple. It applies regardless of the overall level or distribution of wealth. It is scalable from small to large societies. And it forces employers to respect the full range of material and psychological needs in order to recruit and retain their workers. In contrast, the modern progressive alternative imposes no clear correlative duties on employers. It has no obvious way to constrain the dominance of union forces. And its commands are sufficiently complex that they are often not understood by the workers whom they are intended to protect. Empirically, this Article shows that the institutional rigidity of union structures in dynamic markets fails; and it rejects the claim that individual workers are wedded to their current employer, given competitive forces that allow for rapid entry and exit. Given the long-term systematic advantages of the classical liberal model, it is no surprise that unions are generally in decline in major industrial societies.

Конституционно-правовые ценности либерализма и консервативная политическая традиция: диалектика конкурирующих парадигм

The first decade of the XXI century saw an explosive growth of conservatism in Russian government and society. This process resulted in the scientific focus on the domestic and foreign theoretical heritage in this philosophical and political-legal aspect. The question remains whether the Russian conservatism is directive or only recommendatory. At this moment, it is the current political vocabulary that is conservative, not the actual activities. The gap between the proclaimed tasks and the liberal model of the current Constitution is growing wider. The dead-end nature of the Russian political system had been obvious long before its adoption in 1993. The present study substantiates the urgent need for the development of the scientific heritage accumulated by the domestic conservative tradition and its transformation into a program with a clear roadmap. The article focuses on the theoretical provisions, generalizations, and conclusions made by N. Ya. Danilevsky, which may be applied to the current state of Russian statehood and its prospects. The Russian state studies need a new scientific paradigm, primarily in the field of constitutional law.

Embodied Faith and the Limits of Female Agency in Randa Abdel-Fattah’s Does My Head Look Big in This?

The present essay discusses Randa Abdel-Fattah’s Does My Head Look Big in This? by focusing on the rendition of Islam as an axis of social agency in an environment that is excessively antagonistic of any version of Islam that falls outside the contours of the “liberal model” morphed by the Western creed of equality, liberty. Amal, the protagonist, embodies the dilemmas of choice and agency within an ideological rubric which disassociates such notions from faith-based convictions. The analysis relies on the notion of Muslim agency as theorized by Saba Mahmood, for whom the conscious formation of deeply rooted religious subjectivities is sidelined within the modern secular rubrics of self-formation. The article also draws on W.E.B Du Bois’s concept of double consciousness to highlight the extent to which Muslim female bodies are caught at the intersection between religion and nation. Hence, this essay discloses the challenges facing Muslim women whose exercise of agency is tied to their religious beliefs in a backdrop characterized by multicultural and secular economies. More particularly, it explores Amal’s religious tradition of habituated practices—such as wearing the veil in a hostile environment—as embodiments of autonomous agency.

Preventive turn in criminal law

ABSTRACT Preventive turn in criminal law has been an important discussion topic in recent years. In many significant scholarly contributions, the nature of criminal justice system has been seen to be in transition from reactive measures to various preventive measures and from rights-based approach to more effective measures. Also various legislative examples from many countries illustrate that many other, often also dubious, means than criminal law are used in preventing unwanted behaviour. This development conceivably affects the foundations of the criminal justice system since the state’s response to unwanted behaviour may be founded on different objectives than criminal justice system traditionally has endorsed. The concept of preventive turn of criminal law is, however, somewhat loose and ambiguous and it has been given different meaning in scholarly discussion. In this article, the concept of preventive turn of criminal law is examined in light of the different meanings given to it in the scholarly discussion. In addition, article discusses administrative sanctioning as an alternative to criminal legislation and legislative and other endeavours to recidivism of dangerous offenders. The article is founded on liberal model of criminal law, which has stressed the role of individual autonomy and dignity and also the importance of procedural safeguards. The examples of preventive turn may risk these traditional liberal foundations of criminal justice system when the states are searching for more effective means in preventing unwanted behaviour. Traditional liberal foundations of the criminal justice system may be at risk when more effective solutions are sought. This article, thus, also seeks to examine whether it is possible to construct a rights-based liberal approach towards preventive turn of criminal law in which the liberal foundations of criminal law are proportioned to preventive measures.

Development of the Russian Federation as a Social State in the Context of the 30th Anniversary of the Constitution of the Russian Federation

The article examines the issues of the formation of Russia as a social state. Attention is drawn to the special importance of the state social function at the current stage of the historical and political development of the country in connection with the growing external pressure on Russia. Giving examples of two main models of the social state, the author examines the specifics of its modern domestic model, which is the result of the merger of paternalistic and liberal models. The significant role of the norms of the Russian Constitution in the formation of conditions for the development of domestic socially oriented legislation, as well as the development of Russia as a social state, is emphasized. The role of the Constitutional Court of the Russian Federation as a national judicial body providing social justice — a guarantee of social stability is noted. Based on the results of the study of the speeches of the Russian President, the conclusion is formulated about the constant orientation of national policy towards compliance with the constitutional principle of the social state. The data on the state of individual institutions of the social sphere, as well as the goals of their qualitative improvement are presented. Attention is paid to the constitutional amendments adopted by the results of the all-Russian vote in 2020, which expanded the range of guarantees and obligations of the state to the person. It is noted that the level of constitutional guarantee of rights and freedoms of a social orientation is conditioned by the specifics of the development of domestic constitutionalism in the XX century. Conclusion: it is necessary to improve the social policy of the state in order to maintain the state of social justice and successfully confront any challenges and external threats.

PECULIARITIES OF THE FUNCTIONING OF THE ORGANIZATIONAL AND LEGAL MECHANISM OF PHYSICAL CULTURE AND SPORTS ACTIVITIES ABROAD

Foreign models of the functioning of the organizational mechanism of the state regulation of physical culture and sports activities have been identified. The first model involves the application of a liberal approach to the regulation of physical culture and sports activities in some countries of the world. It has been found that today there is an increase in the role of state influence in this sphere of relations. This is intended to provide conditions for the sustainable functioning of national and international systems of sports relations, protection of public and private legitimate interests of participants in sports relations, as well as generally recognized moral values. The complication of the interaction of public and private systems of regulation of physical culture and sports activities occurs within the second model of the functioning of the organizational mechanism of the state regulation of physical culture and sports activities abroad - the interventionist model. In Ukraine, a more liberal model is being implemented in the researched sphere of state regulation. This happens in view of the integration aspirations of Ukraine. In this context, the importance of implementing Recommendations of the Committee of Ministers of the Council of Europe No. CM/Rec (2011) "On the principle of the autonomy of sports in Europe" is recognized in the domestic territory. It is emphasized that all this determines the need for further scientific and practical research in order to find effective mechanisms of their interaction and criteria for their optimal combination.

Цивилизационные вызовы устойчивому развитию России

The liberal model of globalization, proceeding from the “naturalness” of the unipolar world, essentially personifies the “modern barbarism”: sustainable development of the Western civilization is a priori meant to be at the expense of other countries. Today, its functioning is running into the resistance from local civilizations, whose economic and political weight has increased significantly in the 21st century, allowing the non-Western countries to become important actors in international relations claiming to realize their national interests and own type of sustainable development. Alliances are emerging among these countries, based on an alternative type of globalization, which implies both mutually beneficial cooperation and national development outside anyone’s external dictate. In fact, a global-local reality is being formed in the context of the multipolar world formation. The reaction of the West is to maintain its dominance by all means, holding back the creation of new international poles. These processes demand “rediscovery” of the established “universalist” approaches to sustainable development of human civilization: the problem of its alternative type has an independent scientific and practical significance for Russia as well as for the countries of non-Western civilization. In this regard, the study on the mutual influence of global and local factors that produce complex risks to sustainable development is being updated. Their complex nature is manifested in the fact that under the influence of hybridization of socio-techno-natural realities and inter-civilizational confrontation, they simultaneously cover a number of life spheres, overlapping each other, thereby acquiring an interference character. The author sees the answer to the challenges of these risks in the actualization of long-term functioning factors of a humanistic nature, which should be included in Russia’s strategy of a global-local sustainable development.

Pozitivno vs. negativno shvatanje slobode - političke implikacije

The subject of this paper is the analysis of the political implications of the distinction between positive and negative understanding of liberty. The author first explains the relevance of this topic within the framework of contemporary theoretical and political discussions. The starting point of this paper is Berlin's distinction between the concepts of positive and negative liberty. In the first part of the paper, the author will deal with the implications of this difference regarding the type of socio-political system and political culture. In this sense, the author will try showing the democratic concept of liberty is positive liberty, while the classical liberal understanding of liberty is negative. In other words, the relationship between positive and negative liberty reflects on the relationship between democracy and liberalism; this relationship implies possible compatibility, but also potential opposition. In the second part of the paper, the author deals with the implications of the difference between the two concepts of liberty concerning distinctive models of democracy. Referring to Riker's thesis, the author's goal is to show how a positive understanding of liberty leads to a populist model of democracy. On the other hand, a negative understanding leads to a liberal model. The difference between these models of democracy is also reflected in the attitude about whether democracy has instrumental or intrinsic value.

The Concept of Global Conservatism

Russia belongs to the European cultural space. But contemporary Europe, which has found itself in a value civilizational crisis as a result of imposing the leftist liberal model, cannot serve as a guideline.

US positions in world economy: Current conditions and prospects

There are several indicators which reflect the level of economic development of each country. Among most important — GDP, GDP per capita, scientific and technological potential human resources, the country’s positions in the world trade and capital transactions. The author makes a conclusion that the US positions remain strong in the world economy and international economic relations. The article aims to show the evolution of the American model of capitalism and its opportunities to adapt to new challenges of the 21st century. The author reviews the basic characteristics of this model and its distinction from other market economy models. It is demonstrated that in the USA, the leading role in economic development is played by private sector, and the government occupies much more modest positions. The author demonstrates that due to the liberal model the country has reached significant economic and social results, including high economic growth and high living standards. The advantages of the American model are quite obvious: commitment to high economic efficiency, development of science and innovations, economic growth and high living standards. The shortcomings of the American model are also quite evident. Among them there are: a problem of social and income inequality, the emergence of new economic challenges, including those connected with pandemics and climate change, which test the American model for its sustainability and effectiveness. Another issue is new emerging markets that are not liberal at all. Especially we can talk about China which became the real rival to the American economy. The modern stage of globalization puts several new problems before the American capitalism, such as the is exacerbation of contradictions between old industrial countries and emerging economies, between strengthened multinational corporations and the governments of the countries they came from. The author makes a conclusion that despite both internal and external challenges the existing potential of the American economic model is still not exhausted. At the same time, it is evident that the question of its adaption to all existing issues is quite real and demands solution.

Некоторые вопросы противодействия преступности в условиях информационной войны (часть 2)

The relevance of countering information attacks against Russia in modern conditions is gaining undoubted relevance, especially in light of the emergence of methods and tactics of cognitive attacks. Among the effective means of combating the negative illegal impact on the consciousness of the Russian population is the comprehensive use of the full potential of criminal legislation. An integral part of a competent information barrier policy is the timely improvement of regulatory regulation, which, first of all, should be aimed at stimulating socially useful behavior, counteracting factors that negatively affect the formation of personality and the deformation of consciousness. The article, taking into account a brief analysis of the transformation of the grounds for criminalization, in the light of a justified gradual rejection of the liberal model of criminal policy, identifies the directions of individual legislative changes, taking into account both the historical experience of Russian criminal law and the criminal legal regulation of similar legal relations in the legislation of states friendly to Russia. The authors, within the framework of the formation of effective criminal legal means of protecting national security from asocial information influence, formulated specific proposals for amending and supplementing the criminal legislation of Russia. Special attention is paid to improving criminal law prohibitions in relation to actions committed using social networks, the possible qualification of actions to involve persons unaware of the ultimate purpose of the acts committed in crimes against national security, strengthening criminal liability for discrediting, undermining the authority of government bodies.

АНАЛІЗ МЕТОДІВ ЦІНОУТВОРЕННЯ ТА ОСОБЛИВОСТЕЙ ЇХ ЗАСТОСУВАННЯ НА ЕЛЕКТРОПОСТАЧАЛЬНИХ ПІДПРИЄМСТВАХ

The article examines the peculiarities of the liberal model of the electricity market in Ukraine. The dynamics of the number of enterprises that perform the functions of electricity suppliers on the domestic electricity market during 2019–2022 were determined. It is justified that special attention should be paid to the systematization of existing pricing methods in order to determine the possibility of their application at electricity supply enterprises in the conditions of market liberalization. The specific features of the application of pricing methods at electricity supply enterprises are characterized. The division into three groups of pricing methods, including the following: cost, parametric and market. The specifics of the electricity market products were determined in order to choose pricing methods that are suitable directly for electricity supply enterprises. A critical analysis of the following pricing methods was carried out: the full cost method, the direct cost method, the target pricing method, the specific rate method, the marginal cost method, the break-even method, the method of three estimates, the method of following market prices, the method of following firm prices – market leader, method of calculation based on accepted prices, method of regression analysis, method of price premium, method of prestigious prices, method of competition, method of targeting competitors, tender method (sealed envelope method) of pricing, method of estimating the maximum acceptable price, method of experience curve, method of zonal pricing, method of exchange pricing. It was determined that not all pricing methods can be applied at electricity supply enterprises, taking into account the difference in the specifics of the work of each of their types. It was established that the least number of recommended methods are available to electricity suppliers who sell electricity at free prices, which is due to the specifics of their work in terms of sensitivity to price changes on the electricity market, therefore, when pricing, they cannot afford to neglect forecasting of future periods and market conditions.

ИДЕЯ ОБЩЕСТВЕННОГО ДОГОВОРА В ТРУДАХ ТОМАСА ГОББСА

The article considers the theory of the social contract by T. Hobbes, based on the ideas of achieving and maintaining social order through, in fact, the absolute power of the state in the person of the sovereign. Hobbes’ ideas have regained relevance in conditions of extreme uncertainty of the further development of mankind, in conditions of declining popularity of the liberal model of governance, democratic institutions of power, the diminished efficiency of which is clearly demonstrated in emergency situations. Social order arises from the situation of appointing the sovereign as an arbitrator, not only for the balance of private interests, but also because citizens should perceive him as an instance of truth. In addition, Hobbes’ idea of achieving and ensuring security through the state becomes extremely suitable for the implementation of modern concepts of state security related to the possibility of total citizen control, with the degree of tolerance for the interference in the lives of citizens.

Orígenes y evolución del movimiento liberal en España. El Iberismo

Worthy of note within the Spanish history is the role of the 1808 Generation. Its main task is to start up the substitution of the absolutist regime for a liberal model. In the political arena, the ability shown by the Spanish people to self-govern is surprising. In less than a trimester, a new government is formed: The Supreme Central Board. The freedom of the press and the elaboration of the first Constitution (1812) is good proof of the efficiency achieved, given the critical situation. On military affairs the movement resorts to “total war”: to the peasants especially, base of the “guerrilla” volunteering; also on weaponry: each one fights with what is at hand. The economic, social, political and even psychological consequences are very high, which will be latent for at least half a century of instability between liberal and absolutist governments. The Iberism will gain strength as an alternative, both in Portugal and Spain, against England and France respectively.

Methodology of criminal law forecasting

The subject. Criminal law forecasting is a scientifically based analysis of the prospects for the development of criminal law in order to optimize criminal legislation and the practice of its application. Its subject includes: foreseeing the needs of society in the criminal law regulation of public relations, their criminalization and decriminalization; the dynamics of the development of criminal law relations in society, the development of a criminal law concept of combating socially dangerous phenomena for the foreseeable period; foreseeing the consequences of changes in criminal legislation; the presence of real prerequisites for its application; prognostic assessments of the effectiveness of criminal law norms in the process of law-making and law-realization activities; scenarios and models for the implementation of criminal law institutions and norms; technologies for combating criminality in the application of criminal law norms; prospectsfor the development of the science of criminal law itself, taking into account its scientific potential.The purpose of the article is to establish the ideology and main trends in the development of criminal legislation and the practice of its application in post-Soviet Russia, to determine the methodology for the modernization of criminal policy in the new geopolitical conditions.The methodology of research includes axiological and system approaches, determinative analysis, search and normative forecasting, extrapolation, expert assessments, modeling.The main results, scope of application. There are two diametrically opposed ideologies that are of fundamental importance for criminal law and criminal law forecasting: 1) liberal and 2) conservative. The criminal law policy of the Russian Federation has so far developed in line with liberal ideology. Its main goal is to modernize criminal legislation in terms of decriminalizing economic crimes and humanizing the treatment of white-collar criminals. Conservative criminal law policy is based on the methodology of normative forecasting, which is aimed at achieving the desired (for the state and society) results. This methodology is based on a systematic approach. From the standpoint of this approach, the object of criminal law forecasting is an organized system with an extremely complex structure consisting of three subsystems: managing, managed and criminal law norms. The content of each of these subsystems requires corrective action in order to achieve compliance with the traditional axiological scale and common sense. It is also necessary to solve the problem of coordinating criminal law and criminological legislation.Conclusions. Criminal law forecasting allows us to formulate a number of theses that should be the basis for the concept of optimizing the criminal policy of the Russian Federation: (a) rejection of the liberal model of criminal law regulation of public relations, the transition to a conservative model, which should be dominated by state and public, not private interests; (b) recognition of organized economic and official crime as priority objects of criminallegal influence; (c) coordination of criminal-legal and criminological legislation; (d) adoption of the Federal Law "On Combating Organized Crime".

ZAKAT IN THE ISLAMIC CONSCIOUSNESS OF DAGESTANIS: HISTORY AND CURRENT TRENDS

The article deals with the study of Islamic consciousness in terms of the institution of zakat in its historical development and the prospects for its development in the modern historical process. Islamic spiritual leaders set the goal of implementing the ideas of the Islamic economy in countries and regions with a Muslim population and demonstrating the benefits of the Islamic economic model. This idea manifested itself rather strongly in the Volga region, in the North Caucasus, including Dagestan. There are ongoing processes of formation of Islamic economic thinking. The significance of the institute of zakat in the implementation of the Islamic economic model determines the relevancy of the study. This model claims to be competitive with the liberal model that dominates the modern world. The article shows the main provisions of the institute of zakat, determined by the fundamental Islamic sacred texts. The controversial issues of a legal nature are discussed, caused by external factors of a social nature. At the same time, we note that external factors are essential in changing the socially significant functions of zakat. The author concludes that the introduction of legal innovations in the institution of zakat did not affect its essential characteristics, defined by sacred texts. In determining the importance of zakat in the religious life of a modern Dagestan Muslim, the results of a sociological survey conducted by the author in 2021 have been used. The survey shows, firstly, that an ordinary Muslim does not have the necessary knowledge regarding zakat. In particular, under which circumstances and which property tax he is obliged to pay, designated as one of the pillars of Islam. Secondly, this tax is paid by an insignificant part of those who call themselves Muslims. The results of the survey lead to the conclusion that the institution of zakat, as the most important component of Islamic economic activity, is not sufficiently covered in the life of ordinary Muslims of Dagestan.