The Formation of the Legal Facts Theory in the Context of the Development of Legal Science
This article reveals misconceptions in the study of the theory of legal facts in Roman law studies . The use of an institutional approach in Roman law studies led to the conclusion that there are no elements of the legal facts theory in Roman jurisprudence.
Hanna Shafalovich
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Methodological Aspect of the Legal Facts Theory
This article explores innovations in the methodology and methods in the research of the legal facts theory. It substantiates the historical and theoretical approach for studying the theoretical achievements of legal systems of the past and the methodology of “mechanical” and “quantum-physical” jurisprudence for studying the theoretical achievements of ...
Hanna Shafalovich
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Theory of the Legal Facts in the Context of Quantum Physics
It is considered that the theory of legal facts is one of the most conservative in jurisprudence, which is not confirmed on closer examination. This article is intended to draw parallels in the knowledge gained in law regarding legal substance and the knowledge gained in physics, primarily in quantum physics, regarding the structure of physical ...
Hanna Shafalovich
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Lawful and Unlawful Acts in the System of Legal Facts of Penal Law: Theory of the Issue [PDF]
Introduction: the article considers lawful and unlawful acts as major types of legal facts that influence the functioning of penal relations. In the theory of law, these legal phenomena have remained virtually outside the scope of scientific attention; such a situation is contrary to the needs of penal science and application practice.
EGOR E. NOVIKOV
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War as an Institutional Fact: Semiotics and Institutional Legal Theory [PDF]
In institutional legal theory, norms and facts are reciprocally operating elements: an interplay in which meaning construction is closely connected with acting: the pragmatic understanding of legal language in terms of its uses. With the semiotic elements of institutional theory, extended by the notion of ‘semiotic groups’, an analytical framework can ...
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The Question To Be Faced Is One of Fact: H.L.A. Hart’s Legal Theory Through His View of International Law [PDF]
H.L.A. Hart says that The Concept of Law is focused on municipal or domestic law because that is the “central case”1 for the usage of the word ‘law.’ At the beginning of the book he states that “at various points in this book the reader will find discussions of the borderline cases where legal theorists have felt doubts about the application of the ...
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Probability and Paternity: The Utility of Probability Theory in the Legal Determination of Facts in Issue with Particular Reference to the Resolution of Paternity Disputes [PDF]
In this thesis it is proposed to examine the forensic application of probability to judicial or curial decision making, both in general and with particular reference to the determination of parentage such as is required in a paternity suit.
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This article proposes to define the constituent elements of the Treaties on Human Rights harbored the notion of rule of law and the plans designed by Francisco Cavalcanti Pontes de Miranda. Checks how occurs Constitutional law via protection forecasting minority groups to incorporate Plans validity and Pontes de Miranda effectiveness.
WILSON ENGELMANN, ALINE ANDRIGHETTO
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The mechanism of right depriving in a context of the theory of the legal facts (the civil aspect)
The article is devoted to research of right depriving kind of jural facts, that is to possibilities to cause the consequence as depriving the rights, duties or legal relationships. An author examines all forms of actions and events from point of this kind and formulates suggestions concerning the legislative fixing of right depriving kind in the legal ...
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Стаття присвячена розгляду механізму правоприпинення та його елементів у сфері приватноправових відносин. Проаналізовано елементи механізму правоприпинення та їх взаємозв’язок, визначено місце механізму правоприпинення в механізмі правового регулювання майнових відносин.
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