«Society & Man» № 4(6) — 2013

Social sciences

Robert C. Hauhart
Some Principles of Stratification Revisited

In 1945 two young, Harvard trained sociologists, Kingsley Davis and Wilbert Moore, published an article in the American Sociological Review entitled “Some Principles of Stratification”. Briefly, they proposed a theory intended to relate social inequality to the rest of the social order based on the proposition there was a “roughly uniform distribution of prestige as between the major types of positions in every society”. In so doing, they undertook an examination of both the stratification of the “system of positions” within society and the question of how certain individuals are placed within those positions.

Davis and Moore’s article, after a period of silent public display, elicited widespread criticism, analysis, and debate during the 1950’s — 1970’s in the United States. Although little discussed by professional sociologists today, their theory remains the ‘classic’ American contribution to stratification theory. The Davis and Moore theory, while clearly deficient in its formulation, offers a platform for new theory generation regarding the nature of stratified inequality. In Part I of this two-part paper, the Davis-Moore theory is re-analyzed for the purpose of noting points that guide new insights.

Khairullina, N.G. Saifullina, F.F.
Attitudes toward intermarriage: Cross-Cultural Analysis

This paper examines the relationship of students to the inter-ethnic marriages through analysis essay. Analysis essay showed that three-quarters of students in inter-ethnic marriages are positively or agree to such a marriage under certain conditions. The trends in the estimates and opinions of students according to gender , age and ethnicity. Are formulated at the conclusion that in the future the number of mixed marriages will increase, which will contribute to ethnic and cultural convergence and simultaneously deepening assimilation processes.

Keywords: marriage, ethnicity, nationality, spouse (s), an inter-ethnic marriage, narrative essay.

Comlev, Y.Y.
Deviantologicheskogo tree of knowledge: from positivism to postmodern synthesis

Harugov, T.A.
The problem of evil in the science and philosophy of the twentieth century

History sciences

Gella, T.N.
Pan-europen identitiy of the europea security and defence policy

The article investigates the formation of European identity in the context of security and defense policy of the EU. The focus of the analysis of the current state of the formation of a European identity based on sociological data presented analytical group of the European Commission.

Keywords: security policy, political actor, national identity, common European identity, national mentality, European culture.

Filonov, V.I.
Aggravation of contradictions between the Vatican and the Russian Orthodox Church in 1941-1945

This article features gain aggravation of contradictions between the Vatican and the Russian Orthodox Church in 1941-1945.

Key words: Vatican, Russian Orthodox Church, the Greek Catholic Church, the World Council of Churches.

Legal sciences

Ando Leps

Philosophy, as all social sciences base on experience. The matters, primary in science are also primary in history. Philosophy, incl. philosophy of right cannot be started with «I» and «population» due to absence of relation, as objective movement, although it looks like being correct — to start from the things tangible and concrete. The point of reference of empiricism in any of its variations has been, is and will remain man as such* (*Ильенков Э.В. (Il’enkov E.V.) Диалектическая логика. Москва (Il’enkov E.V. Dialectic logic. Moscow), 1984. p. 218.). In order to research wrong as infringement of law (crime), one must first make it clear, what sort of a «thing», phenomenon or value is right or legal relation, in the first place. The famous German philosopher Georg Wilhelm Friedrich Hegel views everything as «things», often evidently also man. Jurisprudence has been studied at universities of Europe for centuries, however until now there is no clarity in what sort of «thing» right and even legal relation eventually is. It looks somewhat queer, however this is how the matters stand. It is usually maintained that the «right is right». However is it plausible to surmise that we are unable to understand what right is?

Today we can talk of infringements of law (crimes) as a form of some other phenomenon, or in other words, of crimes as a semblance. But let us make it clear that crime cannot be researched through itself, although this is how it is ubiquitously done today. Knowingly crime as a fundamental concept of science of law, especially criminal law, is actually — contrary to the prevailing belief — a social fact, on the one hand, and on the other hand a totally abstract phenomenon.

The categories of being: quality, quantity and measure as states of abstract and positive right, according to Hegel, represent different states of a certain substrate. They do not exist for themselves, but constitute determinations, attributed to or belonging to another — a substrate. Therefore the sequences of relations of measures (quality, quantity, measure) must be cognizable as states, overlying a substrate, as their carrier. Unluckily nobody has managed to show, until now what specifically is that substrate. Therefore we will make an endevour to accomplish what the world science of law, even sociology and other social sciences have not as yet even attempted to tackle — notably proving on points of fact the essence of that substrate. The said substrate is nothing else but surplus value, as new knowledge, as truth* (*Here and hereafter the author of this article goes beyond the confines of the logical category «being»). This unveils conclusively the mystery of wrong (infringements of law and crimes) and punishments.

Author of this article is very grateful to his teachers, Professors Helmut Kadari* (*A pupil of Professor of Criminal Law of the University of Tartu Sören Andreas Bjerre (1879-1925), of Swedish nationality, who in his turn was pupil of Professor of Criminal Law of the Berlin University F. von Lizst (1851-1919) // Ando Leps. Kui Eestit valitsesid juristid. Välismaise professuuri panus eesti rahvusest juristide kasvatamisel Tartu ülikooli õigusteaduskonnas aastatel 1889-1938. Eesti juristid poliitikas 1917-1940 ja nende hilisem saatus. (When Lawyers Ruled Estonia. Foreign Professors’ Contribution to Educating Ethnic Estonian Lawyers at the University of Tartu, Department of Law in the Years 1889-1938. Estonian Lawyers in Politics in 1917-40 and their Later Fate).Tallinn, 2009. p. 46.) (1903-1976) of Tartu, Ilmar Rebane (1912-1995) of Tartu, Inga Borisovna Mikhailovskaya (1930) of Moscow and in particular to Lev Ivanovič Spiridonov (1929–1999) of St. Petersburg, who made their best efforts to inculcate knowledge in him.

Any new theory only arises through critical superseding of the existing theory, considering the same phenomenon. It never sprouts in an empty spot, without theoretical premises that one accepts as being true and uses as a base for developing other ideas, and «settling a critical score» with predecessors* (*Ильенков Э.В. (Il’enkov E.V.) Ibid.
p. 241). Therefore, prompted by deep respect to his teachers and scientists-predecessors, author of this article will use throughout the text «we» instead of «I».

Keywords: philosophy of right and wrong, crime, punishment, surplus value.

Abakanova, V.A.
Subject of a crime as one of elements of criminalistic system of legalization of the criminal income of other persons

Data on the subject of a crime are one of elements of criminalistic structure of legalization.

Establishment of the subject of legalization of the criminal income of other persons are of great importance for investigation of crimes.

It allows to receive criminalistic significant information on motives of deeds, means and the ways of criminal encroachment used for this purpose of economic and financial operations, a place of commission of crime, etc.

Axenovich, O.A.
On the issue of delegated legislation as formal — legal means of monitoring and regulation of environmental conflicts

«The question on delegated legislation, as a formal legal means for monitoring and regulation of the environmental conflicts». Article discusses the problems of environmental conflicts. It presented the characteristic of the contentious factors in the sphere of nature. The author has carried out analysis of judicial practice in the sphere of use of natural resources. There is formulated the concept of eco-human conflict situations.

Keywords: delegated legislation, the conflict situation, management of natural resources, anthropogenic impact.

Izumov, I.V.
Criminal liability for violating the law on mineral resources

Specificity of legal responsibility is considered, analyzed features of criminal-law liability of infringement of the legislation in sphere oil and gas, efficiency of the given kind of responsibility taking into account the developed judiciary practice is proved.

Key words. Legal responsibility, bowels, offence, criminal law.

Isaev, N.A.
Crime as an act of transgression

The article deals with criminal behavior as an act of transgression. Given a detailed presentation about the concept of transgression and its application to criminological category of crime with reduced threshold motivation. The notion of transgression associated with understanding and constructing boundaries and above all borders of identity — boundaries itself.

Keywords: criminal behavior, transgression, identity of the perpetrator, borders, identity.

Komarnitsky, A.V.
About need of improvement of system viktimologichesky protection of minors from crimes in Russia

According to the author, crisis of the state and civil institutes of socialization of the personality is the direct precondition of victimization of minors. In Russia there is no effective system viktimologichesky protection of minors from crimes.

Package of measures on protection of minor victims against crimes, increase of ability to a deviktimization, prevention and elimination of circumstances, situations, the reasons — makes an essence viktimologichesky protection of minors from criminal encroachments and demand reforming and perfection.

Key words: viktimologichesky protection, minor victim of a crime, viktimnost of minors, victimization of minors, viktimologichesky prevention.

Molchanov, B.A., Koshelev, N.N.
Doctrinal ideas and criminal liability for causing harm to human health in the nineteenth century Russian legislation

In this paper we analyzed in detail and thoroughly Russian criminal legislation of the nineteenth century on criminal liability for causing harm to human health

Keywords: Conciliar The Code, Military Products, the Legislative Commission, Complete Collection of Laws, the Penal Code and Criminal Corrections.

Olkov, S.G.
The field strength of legal liability

The aim of the article is to define the field strength of legal responsibility and the measurement of its discrete and continuous variables; building a matrix of States consistency of accurate, objective and subjective assessments in the system of legal responsibility as well as measurement of the probability of finding solutions in the system of judges in absolutely fair or unfair condition.

Research methods: 1) differential and integral calculus; 2) mathematical modeling; 3) construction and analysis of matrix algebraic layout elements; 4) calculation of probabilities; 5) introspection; 6)monitoring; 7) comparison;
8) deduction; 9) induction; 10) analysis; 11) synthesis; 12) the use of formal logic.

Scientific results obtained by the author: 1) the matrix of States consistency of accurate, objective and subjective assessments in the system of legal liability; 2) the probability of finding the system of judges in absolutely fair condition: 0,132981; 3) the likelihood of the system of judges in an unjust condition:0,867; 4) the probability of finding solutions of a system of judges in an unjust condition 6.5 times higher than the probability of finding solutions of a system of judges in fair condition; 5) common definitions of the field strength of legal responsibility and the field strength of legal liability in point; 6) we obtain a formula tension stationary continuous field of legal liability:
U = x2 – 12x + 66, where U — module tension legal field at a point in jupax, x — module deviations coordinates the evaluation of the line of justice; 7) we obtain a formula tension stationary discrete field of legal liability; 8) is measured by the amount of maximum tension stationary continuous field of legal liability; 9) is measured by the amount of maximum tension stationary discrete field of legal responsibility.

Scientific novelty: is the newly received scientific results. Practical value consists in the possibility of implementation of research results in the development of the theory of legal liability, and improve the judicial practice of sentencing, the resolution of civil, administrative and arbitration cases.

Chestnov, I.L.
Post-classical rationality rights

The article is considering the classical guidelines of law rationality. The author criticizes classical laws rationality as its sense and suggests many ways of postclassical law rationality formulation.

Key words: law, law rationality, postclassical law rationality.

Philology sciences

Izotov, V.P.
Retroskriptsiya and inversion

The article discusses the relation retroskriptsii and inversion analyzes the ratio of different types of species inversion retroskriptsionnyh proposals.

Key words: Inversion of partial and complete, retroskriptsiya proposal.

Nakostoev, H.A.
A few words about translations

In a critical article discusses some retreat and open inaccuracies translators when working with text Ingush authors.

Keywords: translations of fiction, reference nouns and adjectives, modal words, meaning and spirit of the original, ferrets, amphibrach emotional picture poem dimension Scansion narrator, A. Oziev, Lermontov, I. Mintyak.

Kоsтоеvа F.М.
Names of parts home mountain Ingushetia in the Ingush language

The article deals with construction terminology related to one of the thematic groups of the Ingush language — the names of different parts of a residential house and their details.

Keywords: terms, Terminology, special vocabulary.

Ethnological Sciences

Dzarahova, Z. M.-T.
Folk Art Ingush: food production (extraction of salt syrodelanii, manufacturing oils)

Retseznii and reviews

Muromtsev G.I.
Review monograph on J.B. Ivanova «Religious and customary legal views on the conservation of North Russia»