The Institutionalization of Military Law as a Branch of Law in Post-non Classical Scientific Rationality (review of the monograph «Military Law»)
Abstract
A review of the monograph «Military Law» in three volumes, and a brief overview of already published reviews and reviews of it in academic publications are presented here. Military law is a unique area of research and a specific phenomenon in the structure of social and humanitarian knowledge. The dynamic variability of society, crises and leaps in social stability clearly reveal the undoubted research interest in such branches of law. Three-volume of monograph under review are written by legal scholars and practitioners with extensive experience in military legal research and the application of military legal norms, including in the context of internal and international armed conflicts. So far in domestic legal science there have not been such extensive theoretical studies that would be devoted to military law. The appearance of commented monograph fills that gap. The book under consideration was written with an academic scope and the theoretical breadth of the issues resolved in it. The authors formulated, substantiated and conceptualized an approach to military law as a separate branch of law. The results of the author’s collective research, which together can be assessed as a fundamental achievement and a platform for understanding military law as a military and legal science at the present stage of social and humanitarian knowledge. Since the monograph under consideration, in its subject matter, content and structure, is made at the junction of several areas of knowledge, the heuristic value is that it opens up a wide field for their further systematization, the implementation of multidirectional theoretical generalizations of military legal information and empirical studies of the attitude to military legislation of various social subjects and the military personnel themselves.References
Aseev A.G. et al. (2020) Established spheres of national guard of Russian Federation service: complex approach to legislative gaps of legal regulation. Pravo v Vooruzhennyh Silah=Law in Armed Forces, no. 1, pp. 83-89 (in Russ.)
Frolova E.A. (2018) Issues of theory and philosophy of law. Moscow: Jurlitinform, 304 p. (in Russ.)
Gavrilov S.O. et al. (2022) Law at the point of bifurcation: conceptual study of international law military aspects. Gosudarstvo i pravo=State and Law, no. 12, pp. 59-67 (in Russ.) DOI: https://doi.org/10.31857/S102694520023301-2
Guseynov A.A. (2018) Moral and law: lines of delimitation. Lex russica, no. 8, pp. 7-22 (in Russ.)
Ismagilov R.F. (2020) Fyodor Dostoevsky's philosophy as a source of the Russian legal philosophy. In: Papers of a conference. Ufa: University, pp. 83-92 (in Russ.)
Habrieva T. Ja. (2022) Jurisprudence of pandemy: territory of emergency. Zhurnal zarubezhnogo zakonodatel'stva i sravnitel'nogo pravovedenia=Journal of Foreign Legislation and Comparative Law, no. 1, pp. 5-9 (in Russ.)
Holikov I.V. (2021) The history and theory of military law: the first basic study. Voennoe pravo=Military Law, no. 5, pp. 222-228 (in Russ.)
Holikov I.V. et al. (2022) Values and reason of the chief judicial act of 20th century: axiological concept of a book Nurnberg: verdict for peace by A.N. Savenkov. Gosudarstvo i pravo =State and Law, no. 10, pp. 51-62 (in Russ.) DOI: https://doi.org/10.31857/S102694520021788-7
Holikov I.V. et al. (2022) Dynamics of international law development in the current era of world order transformation: post classical approach. Zhurnal rossiyskogo prava=Journal of Russian Law, no. 11, pp. 132-148 (in Russ.)
Homchik V.V. (2022) Breakthrough un the field of basic researches of contemporary military law. Gosudarstvo i pravo=State and Law, no. 3, pp. 199-203 (in Russ.) DOI: https://doi.org/10.31857/S102694520019175-3
Kerimov A.D. (2019) Petersburg's lawyers in the field of philosophy of law. Monitoring pravoprimeneniya=Studies in the Legal Practice, no. 4, pp. 14-18 (in Russ.)
Kerimov A.D. (2020) Hegel's philosophy as basics of modern legal philosophy. In: The Legacy of Hegel: papers of conference. Saint Petersburg: RHGA press, pp. 284-290 (in Russ.)
Kuman'kov A.D. et al. (2022) Dialogue about sense of military law and its value. Pravo v Vooruzhennyh Silah= Law in Armed Forces, no. 7, pp. 2-12 (in Russ.)
Koryakin V.M. (2021) Military law in 21th century: fundamental study in modern issues. Pravo v Vooruzhennyh Silah=Law in Armed Forces, no. 10, pp. 2-10 (in Russ.)
Koryakin V.M. (2022) Most recent fundamental research in modern military law. Gosudarstvo i pravo=State and Law, no. 1, pp. 207-210 (in Russ.) DOI: https://doi.org/10.31857/S102694520018195-5
Lektorskiy V.I. (2016) Postclassical studies in sociocultural context. Vestnik Rossiyskoy akademii nauk=Bulletin of Russian Academy of Sciences, no. 8, pp. 745753 (in Russ.)
Naumov P. Yu. et al. (2021) Conceptual aspects of the production of medical examinations when appealing in court the conclusions based on the results of a military medical examination. Siberian Journal of Life Sciences and Agriculture, no. 6, pp. 283-306. DOI: https://doi.org/10.12731/2658-6649-2021-13-6-283-306
Pashencev D.A. (2017) Law and order in context of postclassical method. Juridicheskaya nauka=Legal Science, no. 1, pp. 21-25 (in Russ.)
Savenkov A.N., Kudashkin A.V. (2021) Military law: statement of issue and ways to decision. Gosudarstvo i pravo=State and Law, no. 4, pp. 7-34 (in Russ.) DOI: https://doi.org/10.31857/S102694520014362-9
Stepin V.S. (2013) The cognition and criteria of rationality types. Jepistemologija i filosofija nauki=Epistomologia and Philosophy of Science, no. 2, pp. 78-91 (in Russ.)
Voennoe pravo (2022) In 3 vols. A.N. Savenkov, A.V. Kudashkin (eds.). Vol. I: History and theory of military law, 560 p. Vol. II. Modern military law. Institutes of military law, 888 p. Vol. 3. Main issues and prospects of military legal studies, 712 p. Moscow: Center of Legal Communications, 2021-2022 (in Russ.)
Zemlin A.I. (2022) Development of military law studies in context of national security of Russian Federation. Voennoe pravo=Military Law, no. 5, pp. 8-14 (in Russ.)
Zemlin A.I. (2022) Issues of state‘s military functioning: legal dimension. Voennoe pravo=Military Law, no. 6, pp. 233-237 (in Russ.)
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