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Journal articles on the topic 'Dichotomy of law'

Author: Grafiati

Published: 7 June 2025

Last updated: 2 August 2025

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1

Khan, V. V. "«LEGAL LAW»: THE IRRATIONAL/RATIONAL DICHOTOMY IN LAW." Bulletin of Academy of Law Enforcement Agencies, no. 4 (2021): 10–16. http://dx.doi.org/10.52425/25187252_2021_22_10.

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2

Александр Николаевич, Сухарев,. "DICHOTOMY METHOD IN THE CONSTRUCTION OF LAW." Вестник Тверского государственного университета. Серия: Право, no. 4(72) (December 16, 2022): 67–74. http://dx.doi.org/10.26456/vtpravo/2022.4.067.

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Показана роль дихотомии в науке и построении права. Дихотомия может рассматриваться как способ логического мышления и как реально существующие и взаимосвязанные друг с другом части единого целого. Кроме дихотомии можно выделить трихотомию и полихотомию как более сложные формы организации мышления и построения реального мира. Выделены три центральные дихотомии в юриспруденции: частного и публичного права, субъекта и объекта, прав и обязанностей, а также иные дихотомии. The role of dichotomy in science and in the construction of law is shown. Dichotomy can be viewed as a way of logical thinking

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3

Muhtamar, Syafruddin, and Muhammad Ashri. "Dikotomi Moral dan Hukum sebagai Problem Epistemologis dalam Konstitusi Modern." Jurnal Filsafat 30, no. 1 (2020): 123. http://dx.doi.org/10.22146/jf.42562.

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This article discusses dichotomy between moral and legal consideration occuring in the modern constitutions that can be traced back in the thoughts of Thomas Aquinas and Niccolo Machiavelli. The analysis focuses on the epistemological aspects of this dichotomy that are rooted for long in the moral and legal concepts in the modern constitution.Through epistemological analysis, the authors conclude that the epistemic root of the dichotomy lie in the contrasting paradigm between supernatural law and modern positivism. While modern constitutionalism constructs moral concepts that presummes Divine

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4

Buana, Mirza Satria. "KELINDAN ANTARA ‘HAK NEGATIF’ DENGAN ‘HAK POSITIF’ DALAM DISKURSUS HAK ASASI MANUSIA." Veritas et Justitia 9, no. 1 (2023): 34–57. http://dx.doi.org/10.25123/vej.v9i1.6042.

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This paper examines the conceptual dichotomy between ‘negative right’ and ‘positive right’ in the current discourse of human rights. The dichotomy has been embedded due to the historical description of generations of human rights, encompassing the civil and political rights that have liberalism influences, to the economic, social, and cultural rights that have socialist influences, and the last generation of rights being the collective and solidarity rights. This paper analyses the dichotomy from the standpoint of the right to development, with some pivotal approaches, including conceptual, ca

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5

Sefriani, Sefriani. "The Dichotomy of Jus Ad Bellum and Jus Ad Bello in the 21st Century: Its Relevance and Reconstruction." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 9, no. 2 (2022): 210–30. http://dx.doi.org/10.22304/pjih.v9n2.a4.

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Classical international law recognizes a rigid, autonomous, and independent dichotomy between jus ad bellum and jus in bello, which can result in the possibility of a just war being carried out illegally or vice versa. The dichotomy is considered a paradox. This study aims to analyze the relevance of the jus ad bellum and jus in bello dichotomy in the 21st century and to offer a more precise reconstruction of the relationship between the two. The results show that the rigid dichotomy between jus ad bellum and jus in bello is no longer relevant since the boundaries between war and peace are inc

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6

Ferreira, Gerrit, and Anel Ferreira-Snyman. "The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 4 (2017): 1496. http://dx.doi.org/10.17159/1727-3781/2014/v17i4a2171.

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Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between publi

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7

Weber, Rolf. "Overcoming the hard law/soft law dichotomy in times of (financial) crises." Journal of Governance and Regulation 1, no. 1 (2012): 8–14. http://dx.doi.org/10.22495/jgr_v1_i1_p1.

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Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are orga

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8

Heidemann, Maren. "Private Law in Europe – The Public/Private Dichotomy Revisited." European Business Law Review 20, Issue 1 (2009): 119–39. http://dx.doi.org/10.54648/eulr2009004.

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9

MacLean, James. "Transcending the Discovery—Justification Dichotomy." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 25, no. 1 (2011): 123–41. http://dx.doi.org/10.1007/s11196-011-9244-7.

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10

Scholtz, Werner. "Injecting Compassion into International Wildlife Law: From Conservation to Protection?" Transnational Environmental Law 6, no. 3 (2017): 463–83. http://dx.doi.org/10.1017/s2047102517000103.

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AbstractInternational wildlife law is concerned with the conservation of sentient species, but generally ignores the welfare of individual animals. It therefore does not reflect a recognition of the moral worth of animals and perpetuates the dichotomy between conservation and welfare. It is the primary goal of this article to ascertain how welfare concerns may be incorporated into international wildlife law in order to ensure that it takes cognizance of the moral worth of animals. The article advocates an injection of ethics, via a welfare-centric approach, into wildlife law in order to escape

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11

Aziz, Jamal Abdul, та Uus Uswatusolihah. "The Dichotomy Between Tabarru’ and Mu’âwaḍah Contracts: Perspective of Indonesian Law of Obligation". Al-Manahij: Jurnal Kajian Hukum Islam 16, № 1 (2022): 103–14. http://dx.doi.org/10.24090/mnh.v16i1.6426.

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Among many divisions of contract (‘aqd) in mu’âmalah shar’iyyah, the dichotomy between tabarru’ and mu’âwaḍah contracts is the most influential paradigm in getting to know the jungle of classical and contemporary mu’âmalah contracts. Tabarru’ contract (tabarru’ât) means contracts of virtue as if it should be free from material self-interest or any other profane benefit. Meanwhile, mu’âwaḍah contract (mu’âwaḍât) means business contracts as if it is laden with material calculation and other various forms of self-interest. The dichotomic paradigm of these contracts is quite urgent that it is ofte

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12

Morss, John. "Governance, Representation and the 'Monstrous Regiment': Is the Collective Feminine?" Deakin Law Review 19, no. 1 (2014): 163. http://dx.doi.org/10.21153/dlr2014vol19no1art211.

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Alternatives to the individualistic emphasis of liberal theory focus attention on collective dimensions of social life with implications for legal and political analysis of the state, of representation, and of international law. In this context, relationships between the individual–collective dichotomy and the dichotomy of gender demand attention because of the claimed affiliations of individualism with social understandings of masculinity.

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13

Meyers, Jeffrey B. "Rethinking ‘Constitutional Design’ and the Integration/Accommodation Dichotomy." Modern Law Review 73, no. 4 (2010): 656–78. http://dx.doi.org/10.1111/j.1468-2230.2010.00813.x.

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14

Vergara Blanco, Alejandro. "La summa divisio iuris público/privado de las disciplinas jurídicas." Revista de derecho (Coquimbo) 17, no. 1 (2015): 115–28. https://doi.org/10.22199/issn.0718-9753-2064.

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This article analyzes the old dichotomy between public and private Law, summa divisio of the juridical discipline and involves referring to the epistemology of the juridical disciplines, where we find the other dichotomy that deals with the opening and closing of the juridical phenomena: lex and ius. Not only does a useful bipolarity arise from this fundamental classification of subject matters that jurists are dedicated to, but also the basis and juridical principles transmitted to the corresponding norms; and these basis and principles can be amended by means of the supplementary technique i

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15

Lokot, Michelle. "Gendered Power Struggles beyond the Male-Female Dichotomy." Anthropology of the Middle East 18, no. 1 (2023): 35–55. http://dx.doi.org/10.3167/ame.2023.180104.

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Abstract Analysis of gendered power struggles often describes men's use of power over women. In some academic research, as well as analysis by development and humanitarian agencies who seek to promote gender equality, power may be framed narrowly. Such analysis may neglect how family relationships are shaped not only by gender but also by intersections between gender and age. This article is based on feminist ethnographic research among Syrian refugees in Jordan as well as interviews with humanitarian workers. It uses accounts of power struggles between Syrian mothers-in-law and daughters-in-l

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16

Górecki, Olgierd. "Komu służy prawo? Libertariańska koncepcja Alberta Jaya Nocka." Studia Iuridica Lublinensia 30, no. 4 (2021): 225. http://dx.doi.org/10.17951/sil.2021.30.4.225-239.

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<p>Albert Jay Nock (1870–1945) was a prominent opinion journalist of the first half of the 20<sup>th</sup> century, considered a representative of the first generation of libertarianism. The article is aimed at finding an answer to the question: Whom – according to Nock – does law serve? A key element of the problem is the internal dichotomy of the concept of law, which not only can be seen through the prism of the positivist-legal paradigm, but also constitutes the pillar of the jusnaturalistic concept. To properly arrange the object of study, the thesis was used according t

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17

Tan, Xiaowen. "Presumptions in EU Competition Law: Blurring the Substantive-Procedural Dichotomy." International Journal of Law and Society 4, no. 1 (2021): 1. http://dx.doi.org/10.11648/j.ijls.20210401.11.

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18

Blattner, Charlotte E. "Beyond the Goods/Resources Dichotomy: Animal Labor and Trade Law." Journal of International Wildlife Law & Policy 22, no. 2 (2019): 63–89. http://dx.doi.org/10.1080/13880292.2019.1658379.

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19

Coons, Michael, Mumtaz Hussain, and Bao-Wei Wang. "A DICHOTOMY LAW FOR THE DIOPHANTINE PROPERTIES IN ‐DYNAMICAL SYSTEMS." Mathematika 62, no. 3 (2016): 884–97. http://dx.doi.org/10.1112/s0025579316000085.

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20

Lü, Fan, and Jun Wu. "On dichotomy law for beta-dynamical system in parameter space." Mathematische Zeitschrift 296, no. 1-2 (2019): 661–83. http://dx.doi.org/10.1007/s00209-019-02437-z.

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21

Jones, Richard H. "The Myth of the Idea/Expression Dichotomy in Copyright Law." Pace Law Review 10, no. 3 (1990): 551. http://dx.doi.org/10.58948/2331-3528.1475.

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22

Hutauruk, Appe. "The Dichotomy Between Legal Certainty and Overlapping Court Rulings." Jurnal Syntax Admiration 4, no. 4 (2023): 416–25. http://dx.doi.org/10.46799/jsa.v4i4.571.

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             Today there are indications of reduced public confidence in the formal law enforcement process through the trial process in the Court. Such conditions are generally due to the public considering the Court no longer a facility as the last bastion for justice seekers, but has a tendency as a means of accommodating the interests of certain parties, especially the interests of the ruler and groups of capital owners such as investors or developers called capitalists. This juridical – sociological phenomenon c

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23

Bailey, S. H., and M. J. Bowman. "The Policy/Operational Dichotomy—A Cuckoo In The Nest." Cambridge Law Journal 45, no. 3 (1986): 430–56. http://dx.doi.org/10.1017/s0008197300118446.

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In the case of Anns v. Merton London Borough Council,1 Lord Wilberforce, in considering the negligence liability of a local authority arising out of the exercise of its statutory powers to inspect buildings under construction, drew a distinction between the “policy” and “operational” aspects of the authority's functions and suggested that liability would more readily arise in respect of the latter. Since that time it has become common to consider the liability of public authorities generally in the tort of negligence by reference to this “policy/operational” dichotomy.

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24

Ondřejek, Pavel. "A Structural Approach to the Effects of Fundamental Rights on Legal Transactions in Private Law." European Constitutional Law Review 13, no. 2 (2017): 281–304. http://dx.doi.org/10.1017/s1574019617000062.

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Horizontal effect of fundamental rights – Legal principles – Dichotomy between private and public law – Systemic or anti-systemic elements in legal orders – Conflict between contractual autonomy and fundamental rights – Coherence in law – Balancing – Cases of permissibility of bank charges in the Czech and German legal systems – General clauses on good morals and good faith in private law

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25

Sutan, Arissy Jorgi. "Social media and collective identity on protest, analysis comparative of Omnibus Law protest and Hongkong 19-20 protest." Masyarakat, Kebudayaan dan Politik 37, no. 4 (2024): 403–17. https://doi.org/10.20473/mkp.v37i42024.403-417.

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The large protests against the New Amendment to the Extradition Bill in Hong Kong and the Omnibus Law 2020 Job Creation Bill in Indonesia are proof of the massive public movement through social media. This study aims to determine how social media is used in social movements in terms of dichotomy content, actor clusters, and collective identity formation in two cases: Indonesia (Rejection of the Omnibus Law Job Creation Bill) and Hong Kong (Rejection of the Extradition Bill Amendment). Differences and similarities are listed below. This research uses a Qualitative Method, with the analysis usin

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26

Ma'u, Dahlia Haliah. "The Harmonization of Polygamy Between Islamic Law and Legal Law in Indonesia." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, no. 2 (2023): 669. http://dx.doi.org/10.22373/sjhk.v7i2.8519.

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Polygamy as a solution for married couples who have certain problems still leaves a number of problems among Indonesian Muslims. The legal norms governing polygamy have become meaningless with the rise of unrecorded polygamy by certain people who find it difficult to practice polygamy formally in Indonesia. The dichotomy of Islamic law and legal law often triggers this problem, which is always up to date, even though these two norms can be synchronized by adopting the values of benefit which are not partial to husband and wife. This article aims to describe the harmonization of polygamy betwee

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27

Valiev, Rafail. "Legal regulation: positive and negative aspects." Gosudarstvo i pravo, no. 4 (2023): 50. http://dx.doi.org/10.31857/s102694520018448-3.

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The article is devoted to the actualization and substantiation of the dual nature of legal regulation. The methodological basis of the study is a pluralistic approach to law and dualistic dialectics. In the aspect of the conflict nature of social development as one of the determinants of the social nature of law, the author states the methodological significance of conflictological legal understanding for the actualization of the dualistic nature of legal regulation in the unity of its regulatory and protective principles. The author proceeds from the hypothesis that legal regulation has as it

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28

Lacroix, Jérôme J. "Dichotomy between heterotypic and homotypic interactions by a common chemical law." Physical Chemistry Chemical Physics 23, no. 33 (2021): 17761–65. http://dx.doi.org/10.1039/d1cp02171k.

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29

Agnihotri, Amit. "A Critical Review of the Idea/Expression Dichotomy in Copyright Law." Public Affairs And Governance 1, no. 2 (2013): 137. http://dx.doi.org/10.5958/j.2321-2136.1.2.013.

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30

Moore, Catherine. "Women and domestic violence: the public/private dichotomy in international law." International Journal of Human Rights 7, no. 4 (2003): 93–128. http://dx.doi.org/10.1080/13642980310001726236.

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31

Payne, Julien D. "The Dichotomy between Family Law and Family Crises on Marriage Breakdown." Revue générale de droit 20, no. 1 (2019): 109–28. http://dx.doi.org/10.7202/1058515ar.

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The following analysis focuses on three crises of marriage breakdown: the emotional crisis; the economic crisis; and the parenting crisis. The response of lawyers and of legal processes to these three crises that so frequently interact with each other is examined with a view to providing a broader perspective of family conflict resolution.

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32

Husak, Douglas. "Book review: Human Rights and Drug Control: The False Dichotomy." Criminology & Criminal Justice 18, no. 2 (2018): 247–51. http://dx.doi.org/10.1177/1748895817719798.

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33

Gorbunov, A. A. "THE IDEA/EXPRESSION DICHOTOMY IN THE LAW ENFORCEMENT PRACTICE OF THE COURTS OF THE UNITED STATES AND ENGLAND IN THE PERIOD FROM THE 19th TO THE MID-20th CENTURY." Ex jure, no. 3 (2018): 46–60. http://dx.doi.org/10.17072/2619-0648-2018-3-46-60.

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in the research the author observes the dichotomy development of the ideas and expressions that were formed during legal precedents in courts of England and the USA. It is established that the judicial procedures in the Anglo-Saxon legal system are based upon the law-regulating approach towards the concepts of the Fichte system. Based on the analysis of the law enforcement practice of the courts of the United States and England in the period from the 19th to the mid-20th century, it is noted that originally ideas and expressions were not delimited to just court cases but were indeed perceived

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34

Varano, Vincenzo. "Le Riforme Della Giustizia Civile Nel Quadro Dell’Evoluzione Del Rapporto Civil Law – Common Law." International Journal of Procedural Law 8, no. 2 (2018): 253–71. http://dx.doi.org/10.1163/30504856-00802008.

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The first part of the article stresses the need to avoid the dichotomy between civil law and common law, considering them instead as two sides of the same great Western legal tradition. The author begins by recalling some persistent differences that deeply characterise the two groups of legal systems: the continuity of the historical evolution of the common law, the different status and role of the judge, the persistent differences concerning the authority of precedent, and the rule of law. In the second part of the article, the author emphasises that the philosophy of convergence permeates ci

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35

Drassinower, Abraham. "A Rights-Based View of the Idea/ Expression Dichotomy in Copyright Law." Canadian Journal of Law & Jurisprudence 16, no. 1 (2003): 3–21. http://dx.doi.org/10.1017/s0841820900006603.

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The paper offers a rights-based, Kantian interpretation of the idea/expression dichotomy in the law of copyright. It demonstrates that the idea/expression dichotomy normatively structures the relation between the parties to a copyright action in terms of their equal rights to authorship. To the extent that the defendant has not copied the plaintiff’s expression but has instead expressed an idea anew, the defendant has exercised her own authorship. The limits of the plaintiff’s right (i.e. the law’s refusal to copyright ideas) are therefore the contours of a public domain that, as a matter of e

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36

Goldthwait, John T. "The Necessary Dichotomy of Fact and Value." Journal of Value Inquiry 39, no. 1 (2005): 105–13. http://dx.doi.org/10.1007/s10790-006-7255-5.

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37

Chamboredon, Anthony. "Form v Substance? An Ideological Venture Beyond the Dichotomy in European Law of Contract." European Review of Private Law 8, Issue 1 (2000): 237–47. http://dx.doi.org/10.54648/264262.

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It seems that the point of view that French law is more formal than English Common law, and consequently, is less capable of taking the expectations of business into account, misjudges the representation that French lawyers have of their own legal system. The interpretation of the Civil Code in French law is the outcome of a both formal and substantial analysis. In this sense, H. Collins' proposal to enhance European contract law with legislative provisions made of 'open textured rules' that are supposed to be more efficient for business than formal rules, does not constitute an heresy for a c

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38

Regan, Eugene. "Ireland in Europe: A Legal Perspective." International Journal of Legal Information 29, no. 2 (2001): 219–31. http://dx.doi.org/10.1017/s0731126500009392.

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The Member States of the European Union have diverse legal traditions explained in part by the dichotomy of common law and civil law systems. Yet notwithstanding this diversity all Member States have adjusted to the new legal order created by the European Community in accepting the primacy of EC law and the legal principles establishing by the European Court of Justice. This paper examines briefly the Irish experience in making that adjustment.

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39

Goddard, David. "The myth of subjectivity." Legal Studies 7, no. 3 (1987): 263–78. http://dx.doi.org/10.1111/j.1748-121x.1987.tb00366.x.

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Lawyers place great stress on the ‘objectivity’ of the law’s approach to agreements. Humpty-Dumpty may claim that ‘when I use a word it means just what I want it to mean, no more and no less’, but a lawyer would advise Humpty that the law, should it interest itself in any promise he made, would be interested not in what he meant by what he said, but in how a reasonable man would understand that which was said. This, the lawyer would explain, is the dichotomy between the subjective and the objective interpretation of words, and it is a dichotomy which has considerable influence on lawyers’ and

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40

MACGRATH, MICHAEL. "THE RECOVERY OF PURE ECONOMIC LOSS IN NEGLIGENCE—AN EMERGING DICHOTOMY." Oxford Journal of Legal Studies 5, no. 3 (1985): 350–77. http://dx.doi.org/10.1093/ojls/5.3.350.

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41

Bezverkhov, A. G., and A. V. Yudin. "Biometrics and law: issues of theory and practice." Juridical Journal of Samara University 7, no. 1 (2021): 7–9. http://dx.doi.org/10.18287/2542-047x-2021-7-1-7-9.

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This article is devoted to topical issues of biometrics and law, discussed during the inter-industry forum Biometrics and Law held on March 19, 2021 at the Samara National Research University. Information material about the past scientific and practical event is combined with analytical calculations related to this issue. Biometrics in this article is considered within the framework of the philosophical dichotomy of freedom and security. Attention is drawn to a number of ethical problems and promising problems of legal science and practice generated by biometrics.

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42

Sattorov, Shakhboz Shavkatovich. "Dichotomy of principles and rules in R. Alexy’s dual theory of law." SHS Web of Conferences 118 (2021): 01014. http://dx.doi.org/10.1051/shsconf/202111801014.

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The purpose of the study is a comparative legal analysis of approaches to principles and rules in R. Alexy’s dual theory of law. The methodological basis of the study are the following fundamental methods of scientific knowledge: general methods (analysis, synthesis, induction, deduction, analogy), as well as special methods (comparative-legal and formal-legal). The application of these methods allowed to subject R. Alexy’s theory of law to an in-depth comparative legal study and to reveal the dichotomy of the principles and rules operating in it. The result of the study was the author’s concl

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43

Mishchenko, Ilona. "PUBLIC AND PRIVATE DICHOTOMY OF CUSTOMS LAW: THEORETICAL, METHODOLOGICAL AND PRACTICAL ASPECTS." European Political and Law Discourse 9, no. 4 (2022): 52–59. http://dx.doi.org/10.46340/eppd.2022.9.4.5.

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44

Chevalier-Watts, Juliet. "Balancing Law and Belief: The Dichotomy of the Mortal and the Immortal." International Journal of Religion and Spirituality in Society 7, no. 1 (2016): 1–15. http://dx.doi.org/10.18848/2154-8633/cgp/v07i01/1-15.

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45

Wang, Wenya, and Zhongkai Guo. "Dichotomy Law for a Modified Shrinking Target Problem in Beta Dynamical System." Mathematics 12, no. 23 (2024): 3680. http://dx.doi.org/10.3390/math12233680.

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Let φ:N→(0,1] be a positive function. We consider the size of the set Ef(φ):={β>1:|Tβn(x)−f(β)|<φ(n)i.o.n}, where “i.o.n” stands for “infinitely often”, and f:(1,∞)→[0,1] is a Lipschitz function. For any x∈(0,1], it is proved that the Hausdorff measure of Ef(φ) fulfill a dichotomy law according to lim supn→∞logφ(n)n=−∞ or not, where Tβ is the β-transformation. In ergodic theory, the phenomenon of shrinking targets is crucial for understanding the long-term behavior of systems. By studying the shrinking target problem of the β dynamical system, we can reveal the relationship between rando

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46

Ott, Claus, and Hans-Bernd Schäfer. "The dichotomy between property rules and liability rules: experiences from german law." Erasmus Law Review 1, no. 4 (2008): 41–58. https://doi.org/10.5553/elr221026712008001004003.

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47

Nottage, Luke. "Comment on Civil Law and Common Law: Two Different Paths Leading to the Same Goal." Victoria University of Wellington Law Review 32, no. 3 (2001): 843. http://dx.doi.org/10.26686/vuwlr.v32i3.5875.

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This article discusses civil and common law in the context of Caslav Pejovic's article of the same name. Pejovic noticed a trend where common law was increasingly hemmed in by legislation while law jurisdictions were increasingly reliant on precedent set by the courts. Pejovic therefore called for the unification of private law globally. Nottage then explores how different academics approached a potential convergence/divergence dichotomy within civil and common law. The article suggests that a "middle ground" dimension between convergence and divergence is a possible development. The author ul

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Satie, Luis. "Law and aesthetics: critical note." Revista Direito GV 6, no. 2 (2010): 631–40. http://dx.doi.org/10.1590/s1808-24322010000200013.

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It is thought in the theory and philosophy of law, aimed at discussing the conditions of possibility of rapprochement between the art form and legal form. The text investigates, dialectically, the implications for the legal philosophy of the impossibility of such approximation, and the problems in a conservative approximation. It follows that: 1) would be a loss for a reason and therefore to legal philosophy, not to communicate between art and law; 2) the relationship between legal and aesthetic standards should be guided by the critical, especially in terms of Adorno's thought. It is by overc

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Mittleman, Alan. "Theorizing Jewish Ethics." Studia Humana 3, no. 2 (2014): 32–42. http://dx.doi.org/10.2478/sh-2014-0007.

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Abstract The concept of Jewish ethics is elusive. Law occupies a prominent place in the phenomenology of traditional Judaism. What room is left for ethics? This paper argues that the dichotomy between law and ethics, with regard to Judaism, is misleading. The fixity of these categories presumes too much, both about normativity per se and about Judaism. Rather than naming categories “law” and “ethics” should be seen as contrastive terms that play a role in fundamental arguments about how to characterize Judaism.

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VAN SLIEDREGT, ELIES. "Introduction: Common Civility – International Criminal Law as Cultural Hybrid." Leiden Journal of International Law 24, no. 2 (2011): 389–91. http://dx.doi.org/10.1017/s0922156511000069.

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On 28 and 29 October 2011, a conference was held in The Hague on International Criminal Law (ICL) as a cultural and legal hybrid. The aim of the conference convenors was to facilitate an exchange of thoughts between legal scholars, practitioners, and social scientists on the nature of ICL and to discuss the role (legal) culture plays in international criminal justice. The recent discussion is dominated by the adversarial (common law)–inquisitorial (civil law) dichotomy and centres on the hybrid nature of the procedure in international criminal law. The debate focuses on how a fair and efficien

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