Chronology of Conflict between Consent Principle and Formalism in Legal Jurisprudential Literature
مطالعات تطبیقی فقه و اصول مذاهب, 2023 Formalism and the consent principle have been open to discussion in law for a long time. When speaking about the principle of consensualism encountering with formalism in law, it is usually concluded that the principle of consensualism is ranked as first
samira chami +2 more
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FILSAFAT HUKUM: Aktualisasi Critical Legal Studies Di Indonesia
Al-Manhaj, 2022 This paper discusses Critical Legal Studies as a critical study of law that opposes the school of legal formalism. As a critical study, Critical Legal Studies accommodates not only Marxist legal ideas, but also liberal-radical and postmodernism.
Dudang Gojali
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Interpretative Approach of the Supreme Court in Protecting Rights and Freedoms in Light of Its Case Laws [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2019 The high role of the judicial interpretation in the legal system is not overlooked. This research attempts to find the approach of interpretation that Supreme Court obtains in the role and supervisory position of judiciary in interpretation procedure ...
Reza Najafi +2 more
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Cognitio, 2021 This work analyses the «Unbreakable Vow» as developed in the plot of the novel Harry Potter and the Half-Blood Prince from a legal and ontological perspective.
Marco Mazzocca
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From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice [PDF]
Social Science Chronicle, 2022 This scholarly exposition endeavors to furnish a succinct panorama of the prominent theoretical frameworks that have wielded substantial influence upon the intricate tapestry of legal systems pervading global jurisprudence.
Rosa Baiona
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Features of Justice in the First Article of the Iranian Civil Liability Act in Comparison with of John Rawls's Distributive Justice Theory [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2019 Since 1971, and concurrent with the dissemination of John Rawls’s theory of justice, his views on the concept of justice and its execution in the society has been at the forefront of the recent theories in the twentieth century.
Habibollah Rahimi, Fatemeh Torof
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Autonomy of Volition in Shiite Jurisprudence, The Roman - Germanic and Iran's Legal System, an Basic -Philosophic Introduction [PDF]
پژوهشنامه حقوق اسلامی, 2015 The Principle of Autonomy of volition (Will Authority) in Modern Roman – Germanic legal system Means as a Originality of Human will (The parties of agreement) for the legitimacy of the obligations and contracts.
Ataollah Bigdeli
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Juridification of Politics – Contradictory Results of the Justice Sector Reforms in Georgia [PDF]
Journal of Constitutional Law, 2023 The interrelation between the law and politics permeates contemporary discussions of constitutional and statehood issues. Law and legal formalism have penetrated many areas, which were traditionally considered political, which has created a trend of ...
Sopho Verdzeuli
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Revista Eletrônica de Direito Processual, 2021 There is a relationship between justice, rational argument and deliberative democracy. Neoconstitutionalism and evaluative formalism demonstrate the importance of effective protection of fundamental rights.
Sandoval Alves da Silva +2 more
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Legal formalism: a comparison between Jori and Schauer
Derecho PUCP, 2017 This essay examines and juxtaposes Mario Jori’s and Frederick Schauer’s ideas on legal formalism. Although developed independently of each other, these ideas show remarkable similarities: both focus on the notion of norm or rule as a tool for clarifying ...
Anna Pintore
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