Results 31 to 40 of about 102,720 (195)

Judicial Legislation: Examining the Relationship between the Iranian Legal System and the School of Legal Realism [PDF]

open access: yesپژوهش تطبیقی حقوق اسلام و غرب, 2023
Previous legal provisions cannot predict and regulate all possible future situations, and laws are composed of words that are open-textured, meaning that they are always susceptible to different interpretations.
Alireza Dabirnia, Adel Sheibani
doaj   +1 more source

Law and morality in contemporary philosophy of law [PDF]

open access: yesFilozofija i Društvo, 2002
In this paper, author tries to analyze complex character of the relation between law and morality in contemporary law philosophy. There are three approaches to the issue of relation between law and morality: natural law theory (identity thesis ...
Stanković Dejan Vuk
doaj   +1 more source

Towards Pluri-Perspectivism Bioethics [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2013
Why are we lawyers still dealing with Bioethics? Who has given us the opportunity to, out of our own self-sufficiency, which legal doctrine and practice have enabled, make a journey towards the field of Bioethics? The separation of the law from Bioethics,
Đurđić Vojislav, Trajković Marko
doaj   +1 more source

Is It Better to be Good than Lawful? A Critical Analysis of Austinian Legal Positivism in the Philippine Legal and Jurisprudential Systems

open access: yesScientia, 2021
The degree of dissonance in public opinion as regards the efficiency, or lack thereof, of the present administration has been growing by the day. From the most magnanimous of issues, like pandemic response, to the minutest, such as how the President has
Alden Reuben Luna
doaj   +1 more source

Jurisprudence as phronetic experience: formulation of the problem

open access: yesПроблеми Законності, 2016
The article is devoted to reactualization of Aristotelian idea of phronesis (practical wisdom as the capacity of situational judgment) in the framework of hermeneutical philosophy (M. Heidegger, G.-G. Gadamer, P. Ricoeur, F.-J. Mootz III, J.
Natalia Ivanivna Satokhina
doaj   +1 more source

Formalism in Commercial Documents and its Interaction with Will [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2023
Formalism in law has generally been manifested in three positions that are completely different from each other. The first type of formalism is formalism in the realm of legal rule, which is used from the topics of Law philosophy and the concept of ...
Majid Banaeioskoei, yosef Fazlijomir
doaj   +1 more source

The Bounds of Law

open access: yesPhilosophy of law and general theory of law, 2023
The article is dedicated to the reasoning of the bounds of law. The specificity of the chosen approach expresses itself as the attempt to clarify, what gives us a possibility to consider this or that entity as “Law.” It’s worth to remark, that any ...
O. Stovba
semanticscholar   +1 more source

Reflections on the cognitive purpose of comparative law (comparative jurisprudence)

open access: yesYearly journal of scientific articles "Pravova derzhava", 2023
The article showing that the highest goal of each autonomous general legal discourse is the construction and implementation of its vision and mission as a special picture of the world – a conceptualized and structured model of an aspect or fragment of ...
O. Kresin
semanticscholar   +1 more source

The Lack of Philosophical Knowledge in Che Guevara’s Pedagogy: Fetishizing Love for Justice and Rage against Imperialism at the Expense of Logos

open access: yesPhilosophies, 2022
Most research on Ernesto “Che” Guevara has been concerned with emphasizing his ideological Marxist commitments and anti-imperial material objectives. These scholarly concerns usually constellate recycled subjective themes highlighting the revolutionary ...
Khaled Al-Kassimi
doaj   +1 more source

The Nuremberg Trials and American Jurisprudence: The Decline of Legal Realism, the Revival of Natural Law, and the Development of Legal Process Theory

open access: yesThe Nuremberg War Crimes Trial and its Policy Consequences Today, 2020
More than sixty years ago, the most important trial of the twentieth century — the first Nuremberg war crimes trial of the leaders of Nazi Germany — began.
Rodger D. Citron
semanticscholar   +1 more source

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