Results 1 to 10 of about 115,703 (312)

Theory or philosophy of law?

open access: yesRuch Prawniczy, Ekonomiczny i Socjologiczny, 2023
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
doaj   +2 more sources

The Normative Theory of Constitutional Proceedings: Re-reading the Legislative Capacity based on the Theory of Legal Sermons [PDF]

open access: yesفلسفه حقوق, 2022
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
doaj   +1 more source

Hart-Devlin Debate; Critical Review of the Moral Reasoning Method in the Criminalization of Sextual Behaviors [PDF]

open access: yesفلسفه حقوق, 2023
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
doaj   +1 more source

Martyr Sadr's "Citation Methodology" in "Eqtesadona" [PDF]

open access: yesروش شناسی علوم انسانی, 2020
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
doaj   +1 more source

Hermeneutical and analytical jurisprudence [PDF]

open access: yesAnali Pravnog Fakulteta u Beogradu, 2014
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
doaj   +1 more source

THE WAR BETWEEN UKRAINE AND RUSSIA AS A HISTORICAL AND CIVILIZATIONAL ASPECT [PDF]

open access: yesTrames, 2023
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
doaj   +1 more source

Pragmatic reconstruction in jurisprudence. Features of a realistic legal theory

open access: yesEunomia, 2020
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
doaj   +1 more source

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]

open access: yesProbacja, 2022
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
doaj   +1 more source

Philosophical Foundations of Criminalization: Analysis of Moral Vices from the Perspective of the Theory of Self-Government and the Principle of Harm [PDF]

open access: yesPizhūhish/hā-yi Falsafī- Kalāmī, 2022
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
doaj   +1 more source

The General Theory of Law and Its Development in China

open access: yesContemporary Social Sciences, 2020
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
doaj   +1 more source

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