Results 1 to 10 of about 401 (77)

Jusnaturalism and idealism [PDF]

open access: yesFilozofija i Društvo, 2013
The paper reconstructs Modernity following two of its most important lines of philosophy of law: jusnaturalism and idealism.
Milović Miroslav
doaj   +4 more sources

Methodological directions of Latin American legal science [PDF]

open access: yesRUDN Journal of Law, 2023
The methodology of legal science in Latin America has common features with the global trends in the development of the methodology of legal research; at the same time, there are features of the development of legal thought and legal understanding that ...
Elena E. Rafalyuk
doaj   +2 more sources

A critical view on John Finnis’ subversive jusnaturalism

open access: yesAufklärung, 2016
Looking at the always renewed interest on the legitimation of Law theories, I expose part of the thought of whom is considered to be the new Natural Law caput scholae, John Finnis, whose axis lies on Doctor Angelicus postulates.
Miguel Régio Almeida
doaj   +3 more sources

O JUSPOSITIVISMO SOB A ÓTICA DE HEBERT HART E RONALD DWORKIN [PDF]

open access: yesLexCult, 2020
The discussion that evolve the Jusnaturalism and the Juspositivism is inspirated the reflections of jurists and philosophers. Although it is possible to affirm that many of the historical controversies associated with the confrontation
Reis Friede
doaj   +3 more sources

A critique of the jusnaturalist notion of marriage: A view from Italian legal practice [PDF]

open access: yesGlasnik Advokatske komore Vojvodine, 2020
This paper attempts to answer the following research question: What is modern marriage? The author combines the critical analysis of the jusnaturalist view, more precisely the notion of marriage in the work of Robert George, with a conceptual analysis of
Prelević-Paladino Aleksandra
doaj   +1 more source

Le jusnaturalisme en Europe et en outre-mer : Antonio Vieira face au droit naturel et à l’esclavage des Indiens de São Paulo (1694)

open access: yesClio@Themis, 2022
Although it is a commonplace to say that, in the first modernity, the debate between theologians, philosophers and jurists found in jusnaturalism one of its high moments, the decisive role of the American experience in the elaboration of the concepts ...
Antônio David, Carlos Zeron
doaj   +1 more source

Voltaire: liberty, tolerance and sense of the limit

open access: yesMontesquieu.it, 2022
The essay emphasizes three fundamental aspects of Voltaire’s thought: the aversion to modern jusnaturalism; the idea of “tolerance” as existential remedy to human weakness: “We are all full of weakness and errors; let us mutually pardon each other our ...
Riccardo Fubini
doaj   +1 more source

Legitimate expectations in civil proceedings: traditional legal understanding and synergetic approach

open access: yesLaw and Safety, 2021
The subject of the study is legitimate expectations as an object of judicial protection in civil proceedings, as well as the principle of law, due to the hope of a person for a procedure in which the state will ensure effective protection of the violated
O. H. Bortnik
doaj   +1 more source

KEY ASPECTS OF THE DEBATE ON THE ROLE OF THE STATE IN THE LEGAL SYSTEM IN THE LIBERAL LEGAL DISCOURSE

open access: yesПравовое государство: теория и практика, 2023
In foreign philosophical and legal discourse, a significant place is occupied by the issue of the role of the state in the normative system of society and its connection with law.
GORBUNOV Maxim Dmitrievich
doaj   +1 more source

Jusnaturalism as the foundation of the concept of international protection of human rights in H. Lauterpacht’s works

open access: yesUzhhorod National University Herald. Series: Law, 2021
Prominent international law scholar H. Lauterpacht devoted most of his exploratory work to the issue of human rights in international law.This article reveals H. Lauterpacht’s views on the role of international law in the recognition and consolidation of human rights and the role of jusnaturalism as the basis of international human rights law ...
openaire   +4 more sources

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