38
Oleg Bresky and Olga Breskaja
7
Compare: “As a result of the collapse of two multinational states - Russia and Austria-
Hungary new population groups appeared made by the new logic of history the irst col-
lective victims. They were non-state nationalities and minority. They did not simply lose
some social rights, they lost the rights which were thought of and even deined as inalien-
able, namely human rights. One shocking fact was disclosed: the idea of human rights»,
not recorded in a speciic national-civil form, is only declared, but actually it is empty
and lifeless iction. Non-state people and minorities understood very well that the loss of
national rights meant the loss of human rights. The protective reaction of group conscious-
ness found its expression in the demand to guarantee rights of Poles, Jews or Germans.
«All organizations, formed for the protection of human rights, all attempts to achieve the
acceptance of the new bill about the rights were supported by marginal igures, e.g., by a
few international lawyers without any political experience or by professional philanthro-
pists moved by uncertain feelings of inveterate idealists» / Arendt H. / Quoted: Oznobkina
E. Nachalo svershilos, chelovek sotvorjon byl. Novy mir. 1997. # 5.
8
See the review of this research problematics: http://www.ollusa.edu/border/LINKS html.
We shall not go into detail describing the differentiation of the subject of the Borderland
theory and border-studies due to their obvious difference. However, the Borderland theory
can be viewed as meta-theory in relation to the research of frontier and cross-boundary
interaction, having,
as a rule, an applied character.
9
Compare: “Inhabitants of the Borderland constantly walk from one culture to another, and
it turns out that it is not so important to them to belong to this or that culture; that is why
a special frontier culture with the ambivalence of identities is created... “(Brednikova O.
Interpretiruja prigranichije: metafory “okna”, “zerkala” i “vitriny” // Posle imperii: issle-
dovanija vostochnoevropejskogo Pogranichija. Vilnius: EHU-International, 2005. S. 20).
10
During last decades the setting by structuralists of the problem of a different understand-
ing of an individual gave cause for a boisterous debate about the parity of «an individual»
and «society» or «an action» and «a structure». Earlier these different directions coexisted
in parallel, now the question about their interaction is raised more and more often. When
applying the above used metaphors it becomes possible to make a conclusion that modern
sociology has almost stopped viewing society as a structured «park» or as “an unrufled
surface of the sea with ships loating on it”. Pictures were appreciably imposed one upon
another, and studying of society turns into studying of the model of “boats on park ave-
nues”. This is the title of P. Monson’s famous research “Boat on Park Avenues” [Electronic
resource] / http: //www.politnauka.org/iles/monson.rar.
11
Weil Simone. The need for roots. Prelude to a Declaration of Duties Toward Mankind. NY.
1992.
12
Kelzen G. Chistoe uchenije o prave. . 2., 1988. S. 37.
13
Kelzen G. Ibid. S. 38.
14
See: Habermas J. Vovlechenie drugogo. Ocherki politicheskoj teorii. SPb.: Nauka. 2001.
15
“... Legal anthropology, using together with evolutionism a historical-normative approach
moved to law in its most «obvious» displays, later due to functionalism and procedural
analysis began to study the behavior of people more than codes. Sometime later, having
recognized pluralism, it discovered the existence alongside with state law of a set of legal
systems” (Rulan Norber. Yuridicheskaja antropologija. .: Norm,
2000
S. 50).
16
See the concept of extralegal bases of law of R. Dworkin (Dworkin R. Taking Rights Seri-
ously.
Harvard University Press, 1977).
39
2B-Model of the Borderland
17
Kant states that pure reason “is present and remains identical in all actions of a human
being during all time circumstances, but it did not exist in time and does not acquire, for
example, a new condition in which it has not been earlier, it deines the condition, but is
not deined by it” (Kant I. Sochinenija. . 6. S. 541).
18
The whole complex of philosophy of the New times, from Descartes up to Husserl is based
on the idea of methodological solipsism, on the model of a subject-object relation putting
aside the belonging of the subject to certain society. Philosophy of the XX century, irst of
all in the form of “a linguistic turn”, made an attempt to withdraw from such understand-
ing... A similar process can be observed in the theory of law. J. Habermas wrote: “Not
only the knowledge and use of the objective nature is the phenomenon to be explained, it
is also intersubjectivity of possible understanding... Thus, the focus of research is moved
from cognitive-instrumental to communicative rationality. For it paradigmatical is not
the attitude of the isolated subject towards something in the objective world that can be
imagined (presented) and manipulated, but intersubjective communication established by
the subjects possessing language competence and competence of action, agreeing about
something with each other” (Nazarchuk A.V. Yazyk v transtsendentalnoj pragmatike
K. Apelja. [Electronic resource] / http://i-e.ru/biblio/archive/nasarchukja).
19
Simona Cherutti in the work about the formation of modern judicial institutions writes:
“The problem of the parity between practice and status (a special case of which is the
problem of the parity between personal rights and property law) penetrated societies... It
concerned all social layers. When facing important changes made in those times, it was
vital to deine, what social identiication should be based on. Is the status appropriated by
authority (through a title, a rank or a post) or is it the result of certain actions? If somebody
is engaged in trade, does he turn into a businessman (this is the basis of disputes about
derogeance)! Is a nobleman the one who lives like a nobleman? Or is it the one who can
decorate himself with the title appropriated to him? Is a citizen someone who lives in the
city or the one who possesses a patent for belonging to petty bourgeoisie (letteredibor-
ghesia)? The society studied by us has been immersed into alternative systems of values
and systems of legitimacy. It is impossible to say that one of versions corresponds to the
national and the other to the elite view. Both have received its scientiic statement. During
different times both versions were used by merchants and handicraftsmen, lawyers and
attorneys” (Cherutti Simona. Skoryj sud // Neprikosnovenny zapas. 2005. # 5).
20
See: Posle imperii: issledovanija vostochnoevropejskogo Pogranichija. Vilnius, EHU-
International, 2005.
21
Shparaga O. O neobhodimosti subjektivatsii Pogranichija / Posle imperii: issledovanija
vostochnoevropejskogo Pogranichija / pod red. I.Bobkova, S.Naumovoj, P. Tereshkovi-
cha. Vilnius: EHU-International, 2005.
22
Quoted: Shmatko N.A. “Sotsialnoje prostranstvo” Pierre Bourdieu / Bourdieu P. Sotsial-
noje prostranstvo: polya i praktiki. SPb.: Aleteja. 2005. S. 560.
23
Mamardashvili M. “Kak ja ponimaju ilosoiju”. .: Izdatelskaja gruppa “Progress”,
1992. S. 168.
24
Such communities are more likely inclined to resort not to the norm but to the taboo (See:
Geertz Wiedza okalna. Dalsze eseje z zakresu antropologii interpretatywnej. Krakow:
Wydawnictwo
Uniwersytetu Jagiellonskiego, 2004).
25
Arendt, Hanna. Istoki totalitarisma / per. s anglijskogo I. Borisovoj, J. Kimeleva, A. Kova-
leva, L. Sedova, J. Mishkenene. .: TsentrKom, 1996.