The article discusses the theory of law in terms of the extent to which it is part of jurisprudence, on the one hand, and a philosophical pursuit, on the other.
Jan Woleński
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The Normative Theory of Constitutional Proceedings: Re-reading the Legislative Capacity based on the Theory of Legal Sermons [PDF]
This study begins by focusing on the challenge of accurately understanding Islamic norms as a fundamental concept of the constitutional law to show how the lack of a precise approach to the normative theory of constitutional proceedings has plagued our ...
ehsan rafiealavy, Mohsen Nowrozi
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Hart-Devlin Debate; Critical Review of the Moral Reasoning Method in the Criminalization of Sextual Behaviors [PDF]
The purpose of the present research is to critically review the method of moral reasoning in criminalizing sextual behaviors. According to the research the direction of the aforementioned analysis in methodological aspect is general and can be converted ...
Mohammad Hosseini
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Martyr Sadr's "Citation Methodology" in "Eqtesadona" [PDF]
sources (books and traditions)or secondary sources(fatwas and concepts)or a combination of the two to discover school theories, while explaining the operation of discovery: Islamic theories based on Islamic law and Discover concepts.In the present ...
محمدجواد قاسمی اصل
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Hermeneutical and analytical jurisprudence [PDF]
The article examines the main strands of development in jurisprudence in the last few decades from the standpoint of the metatheoretical differentiation between analytical and hermeneutical perspective in the study of law.
Spaić Bojan
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THE WAR BETWEEN UKRAINE AND RUSSIA AS A HISTORICAL AND CIVILIZATIONAL ASPECT [PDF]
The war that Russia started against Ukraine in 2022 shook the whole world. However, it is worth noting that the conflict has been going on since 2014, when Russia annexed Crimea and supported terrorist groups in eastern Ukraine.
Olena Pavlova +4 more
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Pragmatic reconstruction in jurisprudence. Features of a realistic legal theory
A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths.
Brian Z. Tamanaha
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The Objectives of Problem-Solving Courts and the Transformative Potential of Mediation in Criminal Cases – Some Remarks from the Perspective of Comprehensive Law Movement [PDF]
Introduction – Research Goals The main goal of the article is, on the one hand, to introduce the basic assumptions, including the objectives of a particular type of courts, the so-called Problem-Solving Courts, implementing the postulates of the ...
Adam Zienkiewicz
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Philosophical Foundations of Criminalization: Analysis of Moral Vices from the Perspective of the Theory of Self-Government and the Principle of Harm [PDF]
As a normative ethics theory, virtue ethics theory can present a criterion for criminalization. The revival of this theory brought about a great new change in new ethics philosophy in the second half of the 20th century.
Kamran Mahmoudian Esfahani +2 more
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The General Theory of Law and Its Development in China
Study of the general theory of law, as an independent branch of legal research, originated in Germany in the mid to late 19th century, and thereafter became a widely propagated and well-developed subject in countries such as the UK and the US ...
Lei Lei
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