Justification of the One Hundred and Sixty-Seventh Article of the Constitution Based on the Legal Theory of Ronald Dworkin [PDF]
فلسفه حقوق, 2023 Article 167 of the Constitution obliges the judge to refer to valid fatwas (judicial decrees) and religious sources if there is an insufficiency in the law.
Ahmad Rahdar, Mehdi Nikbin
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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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An Evaluation of Methodologies for Legal Formalization
, 2022 peer ...
Tereza Novotná, Tomer Libal
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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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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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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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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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Sweden: Non-binding Rules against the Pandemic – Formalism, Pragmatism and Some Legal Realism
European Journal of Risk Regulation, 2021 Swedish measures to fight the spread of COVID-19 differ from the strategies used in other comparable countries. In contrast to the lockdown approach that has been applied in many European countries, the Swedish strategy has been based to a substantial ...
Henrik Wenander
semanticscholar +1 more source
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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Thought experiment in the history of political and legal doctrines: Lon Fuller’s “The Case of the Speluncean Explorers” [PDF]
Известия Саратовского университета. Новая серия: Серия «Экономика. Управление. Право»Introduction. In modern scientific research, the thought experiment remains relevant in both natural and social sciences. Its use in theoretical legal science is particularly significant, as it compensates for the impossibility of practical verification ...
Tikhonova, Sophia Vladimirovna +1 more
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