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Methodology problems in international economic law and adjudication [PDF]
Jindal Global Law Review, 2016 This overview of “methodology problems” in international economic law (IEL) and adjudication defines “legal methodology” as the “best way” for identifying the “sources” of law, legitimate authority, the methods of legal interpretation, law-making and adjudication, the “primary rules of conduct” and “secondary rules of recognition, change and ...
Ernst Petersmann
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Classifications of “second-tier” cities in the context of creative reindustrialisation [PDF]
E3S Web of Conferences, 2023 The formation of a creative economy in Russia, which is becoming a trigger for the economic transformation of “second-tier cities” into integrated creative spaces, requires revision of the existing theoretical and methodological approaches to the ...
Turgel Irina +2 more
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MODELING IN LAW AS A WAY OF UNDERSTANDING LEGAL PHENOMENA
Теоретическая и прикладная юриспруденция, 2022 This article substantiates the need to apply such a scientific method as modeling in the legal sphere. The concept of modeling is revealed as a hypothetical construction used to build assumptions in law enforcement, as well as a post-event reflection of ...
D. G. Trinitka
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Empirical research of law: A revolution or mission impossible? [PDF]
Anali Pravnog Fakulteta u Beogradu, 2019 Empirical research of law seeks to address the issue of isolation of legal science and law from the social reality. It signifies a change in the approach to legal research. What is the quality of that change?
Milić Tatjana
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On the Central Case Methodology in Discrimination Law [PDF]
Oxford Journal of Legal Studies, 2021 Abstract The central case methodology captures the features that something must have in order for it to be that thing. As applied to the field of discrimination law, the methodology helps identify both the central cases of discrimination as well as the key features of discrimination law which address such discrimination.
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European Law Open, 2022 This comment discusses on how legal change can originate from society and the private sphere. It argues that Hesselink’s perspective is too strongly oriented on public sphere and ignores the societal sphere including its transformative potential.
Anna Beckers
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Us and Them: On the Motivational Force of Formal and Informal Lockdown Rules
LSE Public Policy Review, 2021 How do social norms and legal requirements combine to shape collective behaviour? A multi-wave ten-city panel study set during the first UK lockdown finds that compliance was a powerful in-group signalling device, driven by the expressive and ...
Jonathan Jackson, Ben Bradford
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Marxist International Law Methodology? [PDF]
SSRN Electronic Journal, 2020 Methodologies of international law often have their foundations in ideological positions. Positivism is the best known, and one of positivism’s leading competitors is the “New Haven” or policy-oriented approach , while another is social constructivism , to which a number of prominent international law scholars have subscribed .
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Conceptual foundations of the Western communicative theory of law: Nicholas Luhmann [PDF]
Известия Саратовского университета. Новая серия: Серия «Экономика. Управление. Право», 2022 Introduction. The article deals with the theory of law by Nicholas Luhmann as one of the most important conceptual and methodological sources of Western communicative theories of law developed in the context of post-metaphysical thinking in social theory.
Tikhonova, Sophia V.
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Methodology of research into constitutional subjective law [PDF]
Известия Саратовского университета. Новая серия: Серия «Экономика. Управление. Право», 2023 Introduction. Constitutional rights and freedoms of man and citizen are the subject of numerous studies. Various approaches are used to disclose the content of these rights.
Maly, Alexander Fedorovich
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