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Journal articles on the topic 'Legal idea'

Author: Grafiati

Published: 28 May 2022

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1

López Zaldívar, Marisela. "The infraspace. (il)legal and a-legal spaces as producers of subjectivity." Idea. Studia nad strukturą i rozwojem pojęć filozoficznych 28, no. 1 (2016): 370–85. http://dx.doi.org/10.15290/idea.2016.28.1.19.

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2

Jansen, N. "The Idea of Legal Responsibility." Oxford Journal of Legal Studies 34, no. 2 (November 26, 2013): 221–52. http://dx.doi.org/10.1093/ojls/gqt031.

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3

Smith, S. C. "The Idea of a Legal Science." Law and Critique 5, no. 1 (1994): 53–68. http://dx.doi.org/10.1007/bf01129730.

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4

Shugurov, M. V. "Idea of law for XXI century (on some tasks of the modern philosophy of law." Russian Journal of Legal Studies 3, no. 2 (June 15, 2016): 78–86. http://dx.doi.org/10.17816/rjls18140.

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The article is devoted to understanding and updating the methodological approaches to analysis of the idea of law as a phenomenon of the legal reality. The author pays an increased attention to justification of the idea in a kind of the tool for cognition and change of the positive law. A decisive importance is given to examining some perspectives of considering the idea of law as the paradigm and the fundamental image combining the axiological and logical moments of legal reality. In the article there is conducted the thought on that elaborating the Idea of law for XXI century suppose modernizing the agenda of modern legal philosophy as well as implementation of practical steps concerning forming the dialogue between adherents of different models of understanding the law so long as the idea of law is integrated unity of fundamental legal ideas not reduced fully to each of such ideas.

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Seung Heum Hwang. "The Idea and Reality of the Civil Legal Aid System in Korean Society." KOOKMIN LAW REVIEW 21, no. 2 (February 2009): 247–80. http://dx.doi.org/10.17251/legal.2009.21.2.247.

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6

Fiala, Andrew. "Legal But Rare." International Journal of Applied Philosophy 33, no. 2 (2019): 203–20. http://dx.doi.org/10.5840/ijap2020227124.

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This paper argues that it is not incoherent to think that abortion should be “legal but rare.” The argument draws upon virtue ethics, feminism, critical theory, and the theory of biopolitics to argue that the idea that abortion should be legal but rare is best understood as aiming at the elimination of unwanted pregnancies. Some pro-choice defenders of abortion rights worry that the “legal but rare” idea stigmatizes women who choose abortion. But when this idea is unpacked using the tools of intersectional analysis, biopolitical theory, and virtue ethics it can be understood as pointing toward a transformation of social reality that empowers women.

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7

Savenkov, D. A. "The idea of legal feeling in the history of legal thought." Аграрное и земельное право, no. 2 (2022): 62–65. http://dx.doi.org/10.47643/1815-1329_2022_2_62.

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8

Stone, Martin. "LEGAL POSITIVISM AS AN IDEA ABOUT MORALITY." University of Toronto Law Journal 61, no. 2 (April 2011): 313–41. http://dx.doi.org/10.3138/utlj.61.2.313.

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9

Salter, Michael. "On the idea of a legal world." International Journal of the Legal Profession 1, no. 3 (January 1994): 283–310. http://dx.doi.org/10.1080/09695958.1994.9960383.

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10

Bredikhin, Aleksey L. "National Idea: A State and Legal Aspect." State power and local self-government 3 (April 1, 2021): 18–21. http://dx.doi.org/10.18572/1813-1247-2021-3-18-21.

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In this article, the author considers the concept of a national idea, correlates it with the concept of state ideology. Further, he defines the main features of the Russian state legal reality, which determine the content of the national idea. The article formulates conclusions regarding the understanding of the national idea, the prospects and the need for its formation.

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Sidorenko, Mariya. "LEGAL CERTAINTY AS A FUNDAMENTAL GENERAL LEGAL IDEA: NOTION, ESSENCE AND PURPOSE." Bulletin of the South Ural State University series "LAW" 16, no. 3 (2016): 45–51. http://dx.doi.org/10.14529/law160308.

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Fauzia, Ana, Fathul Hamdani, and Deva Octavia. "THE REVITALIZATION OF THE INDONESIAN LEGAL SYSTEM IN THE ORDER OF REALIZING THE IDEAL STATE LAW." Progressive Law Review 3, no. 01 (April 1, 2021): 12–25. http://dx.doi.org/10.36448/plr.v3i01.46.

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It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and historical approaches. The results of the research present an idea which is divided into three according to the three elements in the formation of a rule of law according to Lawrance Friedman, namely legal substance, legal structure, and legal culture. With regard to legal substance, the author provides the idea of a judicial preview as a method of validating the constitutionality of laws. Then related to the legal structure, the author provides ideas related to efforts to build morality and professionalism of law enforcement officials. Meanwhile, in terms of legal culture, the author provides ideas related to efforts to build a legal culture in society that is aware of the law and the constitution.

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Charny, David, and J. M. Balkin. "Farewell to an Idea? Ideology in Legal Theory." Michigan Law Review 97, no. 6 (May 1999): 1596. http://dx.doi.org/10.2307/1290221.

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MUNTHE, CHRISTIAN, and MORTEN EBBE JUUL NIELSEN. "The Legal Ethical Backbone of Conscientious Refusal." Cambridge Quarterly of Healthcare Ethics 26, no. 1 (December 9, 2016): 59–68. http://dx.doi.org/10.1017/s0963180116000645.

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Abstract:This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

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Sipilä, Jorma. "Cash for Childcare as a Policy Instrument – advantages and limitations." Legal Culture 1, no. 1 (December 12, 2018): 86–97. http://dx.doi.org/10.37873/legal.2018.1.1.12.

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The presented article is an attempt to draw attention to the economiccontexts of the functioning of families in Europe. The author presentsvarious types of financial support for families using the examples fromselected European countries. The idea of paying the mother for lookingafter her children at home is analysed in detail.

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Mykhailiuk, Galyna, and Larry A. DiMatteo. "Creating a comprehensive peaceful assembly law for Ukraine: Idea and ideal." New Perspectives 29, no. 1 (January 29, 2021): 45–68. http://dx.doi.org/10.1177/2336825x20983743.

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The right to freedom of peaceful assembly is guaranteed by Article 39 of the Ukrainian Constitution. However, there is no stand-alone law or case law that defines, regulates and supports the process of organizing and conducting peaceful assemblies. This is largely due to the fact that until the 2014 Maidan Revolution (Euromaidan), Ukraine’s history was one of autocratic rule. This article argues that given this historical context, secondary legislation is needed to safeguard this freedom and entrench it into Ukrainian legal culture. The idea of the right to peaceful assembly is sacrosanct. This article analyses the key elements needed to transform this idea into an ideal law. For example, any such legislation should follow the spirit of the European Convention of Human Rights (ECHR), especially in the area of limitations of the personal freedom. Ukraine has moved forward on a broad reform agenda including reforms of the judiciary in order to create an independent and competent court system. It is widely recognized that such a system is needed to fight widespread corruption. The article argues that now is the time to enact a law on peaceful assembly in order to elevate Ukraine’s legal system to EU and international standards.

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Wroński, Lucjan. "Konserwatywna obrona nierówności i krytyka politycznych konsekwencji idei braterstwa w myśli politycznej Jamesa Fitzjamesa Stephena." Idea. Studia nad strukturą i rozwojem pojęć filozoficznych 30, no. 1 (2018): 69–82. http://dx.doi.org/10.15290/idea.2018.30.1.05.

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In his paper, the author analyses some premises of liberal concept of equality and its philosophical origins. He attempted to show affinities and differences between liberal and conservative approaches to legal equality. He argues that economic inequality is compatible with political and legal liberties within conservative political philosophy. Victorian lawyer James Fitzjames Stephen proved that fraternity is an ambiguous ideal conceived from utilitarian perspective mainly because that it would be political naïvete to expect love from our citizens instead of justice and respect.

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Widłak, Tomasz. "Kelsen’s Idea of a World State (Weltstaat)." Politeja 18, no. 3(72) (June 5, 2021): 175–91. http://dx.doi.org/10.12797/politeja.18.2021.72.09.

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This article offers an analysis of the meaning of the term ‘world state’ (Weltstaat) as used by Hans Kelsen in his work on international legal theory. The author argues that Kelsen understands the term solely as a legal concept. Reconstruction of Kelsen’s understanding of the notion of world state begins with a summary of Kelsen’s reductionist doctrine of the state and its identity with law. Secondly, the analysis moves to Kelsen’s radical deconstruction of sovereignty. Thirdly, Kelsen’s doctrine of evolution of legal orders along the axis of centralization is considered. These considerations lead to the assertion that Kelsen’s Weltstaat shows in fact more affinity with the concept of the international community rather than a fully-fledged state. The article concludes that Kelsen’s world state is only a theoretical possibility, a stage in the evolution of legal orders and a common point of imputation rather than a manifestation of any cosmopolitan agenda.

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Taras, Wojciech, and Wojciech Zakrzewski. "An Idea of Information Society and Publication of Legal Acts in Poland." Annales Universitatis Mariae Curie-Skłodowska, sectio G, (Ius) 64, no. 1 (December 1, 2017): 209. http://dx.doi.org/10.17951/g.2017.64.1.209.

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20

Rakov, Kirill. "The idea of democracy as a substantial foundation of the legal order of the modern state." Advances in Law Studies 9, no. 1 (April 25, 2021): 11–15. http://dx.doi.org/10.29039/2409-5087-2021-9-1-11-15.

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The article considers the role of one of the most popular modern political and legal ideas-the idea of democracy in the formation of the rule of law of the modern state. Exploring the genesis of ideas about democracy, the author attempts to determine its meaning and place in the system of ideas that determine the modern political and legal discourse. The author, within the framework of the concept of formal and substantive foundations of the rule of law, defines the idea of democracy as an important substantive foundation of the rule of law of the modern state, describes the key characteristics of modern democracy.

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21

Kociołek-Pęksa, Anna. "Problematyka aksjologiczna jako uwarunkowanie procesów prawodawstwa gospodarczego oraz jego limitacji. Zagadnienia filozoficzno-prawne." Kwartalnik Kolegium Ekonomiczno-Społecznego. Studia i Prace, no. 1 (November 23, 2013): 37–72. http://dx.doi.org/10.33119/kkessip.2013.1.2.

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The dissertation substantiates the possibility of applying the idea of law as a tool for defining the limits of legal interference in an economic system. Adopting the concept of law based on the Economical Analysis of Law it advocates the belief that the implementation of the idea of law consisting of three values – advisability, justice and legal safety – is the most optimal and effective instrument in determining the limits of legal regulations with regard to a liberal market economy. One can conclude then, that the idea of law can very well be described as a general cultural axiological system, especially with regard to the economic and legal culture. It is a system of values that determines the processes of internalization and institutionalization of norms and above all legal and moral ones. The law is a factor that determines and organizes the social life and it determines for the same reason the art and limits of economic activities. It cannot therefore be enacted in isolation from economic and axiological questions. As Gustav Radbruch observes, the law, as well positive as the natural law is a cultural phenomenon and can be looked into only in connection with values and always with reference to them. The positive law must embody and implement the idea of law. And although it is indisputable that no ideal legal or economic system can be completely fulfilled, the striving toward those ideals is an obligation for any society. Resigning and giving up the ideal does not simply mean the preservation of the status quo, but it results in regression and in repeating of former dysfunctions and/or other negative solutions.

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22

Šlapkauskas, Vytautas. "Features of Modern Lithuanian Society’s Legal Identity Development: from Closed to Holed Society." Security Dimensions 26, no. 26 (June 29, 2018): 62–99. http://dx.doi.org/10.5604/01.3001.0012.7241.

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During the last three decades, few essential transformations of Lithuanian society took place – from a closed (according to the terminology of H. Bergman and K. Popper) soviet society during a short period of open society functioning it evolved into a holed (according to P. Aleksandravičius) society. The Republic of Lithuania becoming the rule of law and creation of liberal democracy was a favourable context of the transformations mentioned. These transformations were ensured not only by establishment of free market economy but also by corresponding legislation and implementation of legal norms. The article analyses inter-directional methodological possibilities to reveal a legal identity of Lithuanian society. Creation of such possibilities is based on three ideas of Western civilisation: 1. The idea of compliance with the rules of common or social (now – public) behaviour. 2. The idea of legitimate powers of sovereign to create common (social or public) behaviour rules and to organize and control their implementation. It evolved into the idea of the rule of law. 3. The idea of natural rights and freedom. It evolved into the protection of human rights and freedom. Based on these ideas and analysis of peculiarities of the process of the Republic of Lithuania becoming the rule of law, there are justified five stages of Lithuanian society’s legal identity development.

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23

Sójka-Zielińska, Katarzyna. "IDEA „KODYFIKACJI” W KULTURZE PRAWNEJ EUROPEJSKIEGO OŚWIECENIA." Zeszyty Prawnicze 10, no. 1 (December 23, 2016): 7. http://dx.doi.org/10.21697/zp.2010.10.1.01.

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Idea of the Codification in the Legal Culture of the European Enlightenment Summary In XVIII century’s Enlightenment the program of the general law reform was expressed by the idea of codification, i.e. a replacement all existing particular sources of law by a complete, all-comprehensive, uniform body of law. The formal legal code should be an ius certum providing legal security of citizens. Language of code should be clear, simple, universally understood. The code should cover all possible practical cases in order to restrict judges and prevent abuse of power. The greats works of the “enlightened” Philosophers: Montesquieu’s De l’esprit des lois, Filangieri’s La scienza della legislazione, Bentham’s Introduction to the principles of Morals and Legislation, pointed out the methods and techniques of the elaboration of a perfect set of laws.

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Sibani, Clifford Meesua, and Emmanuel Asia. "The right to property in Nigeria: a reflection on the legal and Biblical laws." Idea. Studia nad strukturą i rozwojem pojęć filozoficznych 28, no. 2 (2016): 233–45. http://dx.doi.org/10.15290/idea.2016.28.2.12.

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Majewski, Jarosław. "Czy idea tak zwanej wtórnej legalności się broni?" Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 401–20. http://dx.doi.org/10.19195/2084-5065.43.22.

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Is the idea of so-called “secondary legality” defensible?The aim of the study is critical analysis of the idea of so-called “secondary legality” of an act used by some jurists to explain types of behaviour falling into the category of circumstances excluding lawlessness of an act justification, namely to define the relation between such types of behaviour and the legal system as a whole, and the various sanctioned norms that are part of the system. First, the author examines the relation between the assumption that a type of behaviour which falls within the category of circumstances excluding lawlessness of an act constitutes a legal transgression of the sanctioned norm, and the basic assumptions made in the Polish legal culture concerning the process of creation and application of the law as well as its systematic analysis. He demonstrates that consistent use of the secondary legality category would require a considerable remodelling of these assumptions, above all, rejection of the assumption that legal norms are introduced to be met as well as all consequences stemming from this assumption as well as abandonment of the approach to the law as a set of legal norms that is internally cohesive. Next, the author analyses the internal aspects of the idea of secondary legality of an act. He demonstrates that it encompasses contradictory statements: on the one hand that justifi able behaviour constitutes socially harmful, negative and thus a typical attack on legal interest, and on the other hand that the social benefits ultimately outweigh losses in the case of justifiable behaviour. All the above justifies the author’s final conclusion that the category of secondary legality of an act is not useful.

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Zajadło, Jerzy. "Idea of solidarity in contemporary legal and political philosophy." Polish Law Review 2, no. 2 (December 30, 2016): 114–24. http://dx.doi.org/10.5604/01.3001.0009.8001.

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In contemporary philosophy of law and political philosophy, relatively little pace is devoted to the problem of solidarity. In Anglo-Saxon jurisprudence and political philosophy, this concept barely makes an appearance. In the relevant European literature, including that in Polish, references usually have a historical focus, and deal with the sociological concepts of Emil Durkheim (the division into mechanical and organic solidarity) and Ferdinand Tönnies (the distinction of Gesellschaft and Gemeinschaft), and their legal application by Leon Duguit (socialization of law as an expression of social soldarization). But if solidarity appears in contemporary philosophical-legal analyses, this is most frequently not expressis verbis, but in a manner that is concealed in one way or another by justice, especially in considerations of broadly conceived social justice.

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HOKIM. "A Study of Chongyakyong's Critics on Namguman's Legal Idea." Korean Studies ll, no. 19 (December 2011): 665–98. http://dx.doi.org/10.36093/ks.2011..19.020.

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28

Platsas, Antonios E. "The idea of legal convergence and international economic law." International Journal of Private Law 2, no. 4 (2009): 385. http://dx.doi.org/10.1504/ijpl.2009.024479.

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Walshe, K. "Legal safeguards for audit process are a bad idea." BMJ 319, no. 7223 (December 4, 1999): 1499. http://dx.doi.org/10.1136/bmj.319.7223.1499a.

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30

Kudryashova, Ekaterina, and Mikele Kazetti. "Wine: Idea Behind the Legal Definition and Legislator’s Goals." Journal of Foreign Legislation and Comparative Law 17, no. 4 (March 14, 2022): 1. http://dx.doi.org/10.12737/jflcl.2021.039.

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31

Nazmutdinov, Bulat. "Critical Dimensions of the ‘Legal Culture’ Approach: The Case of Classical Eurasianism and Eurasia’s Legal Union." Acta Universitatis Lodziensis. Folia Iuridica 89 (December 31, 2019): 81–93. http://dx.doi.org/10.18778/0208-6069.89.06.

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This paper refers to the accurate usage of the word “Eurasian”, which is tightly connected with Russian Eurasianism, an intellectual movement that existed in the Interwar period, in the years 1921–1939. Nowadays, the concept of “Legal Culture” is rendered banal by comparative legal thinkers, who reduce it to legal tradition or even the legal system as a social system. In contrast to these theories, the Eurasianist jural project was mostly culture-oriented. For instance, the Eurasianist idea of Language Union, provided by Nikolai Trubetzkoy and the famous linguist Roman Jakobson, could be useful for developing a new concept of Legal Union instead of the idea of legal family. Piotr Savitzky’s notion of “Mestorazvitie”, Jakobson’s “method of linking”, and Nickolai Alekseev’s idea of “Right-Duty” could be very fruitful concepts for establishing cultural jurisprudence.

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Mazzocca, Marco. "Guilty of not doing that!" Bratislava Law Review 4, no. 2 (December 31, 2020): 71–80. http://dx.doi.org/10.46282/blr.2020.4.2.185.

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Since ancient times, many legal constructions regarding blame or responsibility require subjects to be deemed accountable for their actions as well as for their omissions. The primary purpose of this work is to account for some legal and philosophical issues regarding the so-called negative events (i.e., events that have not occurred) through the development of two simple ideas. The first idea is to consider that, in most cases, a negative event is simply a normal positive event described negatively. The other idea is to distinguish the causal explanations of an event from the causal reports of an event. In this sense, it is shown how these two ideas not only clarify some fundamental philosophical issues, but they are also an excellent starting point for the interpretation and the application of some legal rules concerning omission.

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Bogucki, Olgierd. "The Derivational Theory of Legal Interpretation in Polish Legal Theory." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 33, no. 3 (June 18, 2019): 617–36. http://dx.doi.org/10.1007/s11196-019-09628-1.

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Abstract The article presents so-called “derivational” theory of legal interpretation and analyzes its basic assumptions. The derivational theory of legal interpretation is still little known outside of Poland (in contrast to the clarificative theory which was popularized in many English-language publications by Jerzy Wróblewski). The article is divided into two parts. The first part is presenting the normative model of legal interpretation according to the derivational theory. In the second part, the basic assumptions and features of the theory are analysed in context of some other approaches to legal interpretation. The author argues that there are two levels (or aspects) of the derivational theory: local and universal. The local level of theory is related to the fact that it was designed for Polish legal system and legal culture. However, beyond its local features, the derivational theory is presenting strong theoretical framework and some significant universal ideas about legal interpretation. This creates universal level that can be called the “hard core” of the theory. The author characterizes the elements of this hard core, and in particular the most important element: the idea that the legal interpretation consists in the reconstruction of legal norms from legal provisions.

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Etinski, Rodoljub. "Redefining the idea of human rights." Zbornik Matice srpske za drustvene nauke, no. 144 (2013): 483–96. http://dx.doi.org/10.2298/zmsdn1344483e.

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Human Rights are complex social phenomenon that includes political, legal, cultural and economic dimensions and escapes a simple definition. Concise retrospective of human rights documents of historic value as well as natural law doctrine was used as a frame for determination of political importance and function of human rights. Natural law definition of human rights was completed by positivist critique. Human rights are seen as a legal expression of interactions of individual needs and expectations on the one hand, and readiness and capabilities of a state to satisfy these needs and expectations and to create social framework for their satisfaction on the other. The relationship between human rights and culture was discussed. A thesis on equality of human rights in all different jurisdictions was qualified by recognition of certain space - a margin of appreciation - left to states for adaptation of international standards of human rights to local culture in a process of implementation of abstract and general provisions of human right treaties in domestic law. An appearance of international organizations that interfere in human rights as well as an increase of extraterritorial effects of state activities is a challenge to classic legal understanding of a human right as the legal relationship between a state and individuals under its territorial jurisdiction. International humanitarian law protects certain human rights of individual outside territorial jurisdiction of states in war. The UN Committee on Economic, Social and Cultural Rights has started to consider extraterritorial effects of state activities in respect of economic, social and cultural rights. International environmental law obliges states to take care of extraterritorial effects of activities undertaken under their jurisdictions. The time has come for recognition of an obligation of a state to respect human rights of individuals outside its territorial jurisdiction who are affected by its extraterritorial activities or by extraterritorial effects of activities undertaken on its territory. It seems that an obligation of international organization to respect human rights of individual affected by its acts is not disputable.

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Алексей Игоревич, Овчинников, and Фетисов Тимофей Анатольевич. "THE NATURE OF STATE POWER IN THE FOCUS OF THEOLOGICAL THINKING." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (March 2022): 27–34. http://dx.doi.org/10.22394/2074-7306-2022-1-1-27-34.

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The article examines the unity of rational and irrational in understanding the idea of the state. The importance of values and sacred ideas in substantiating the idea of the state is revealed. It establishes the role of an irrational beginning in understanding the main problems of the state and state power, reveals the relationship of concepts in the context of state-legal ideas of religious thinkers: faith, trust, legitimacy.

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Алексей Игоревич, Овчинников, and Фетисов Тимофей Анатольевич. "THE NATURE OF STATE POWER IN THE FOCUS OF THEOLOGICAL THINKING." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (March 2022): 27–34. http://dx.doi.org/10.22394/2074-7306-2022-1-1-27-34.

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The article examines the unity of rational and irrational in understanding the idea of the state. The importance of values and sacred ideas in substantiating the idea of the state is revealed. It establishes the role of an irrational beginning in understanding the main problems of the state and state power, reveals the relationship of concepts in the context of state-legal ideas of religious thinkers: faith, trust, legitimacy.

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37

Jamie Rebecca, Rowen. "“We Don't Believe in Transitional Justice:” Peace and the Politics of Legal Ideas in Colombia." Law & Social Inquiry 42, no. 03 (2017): 622–47. http://dx.doi.org/10.1111/lsi.12262.

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This article draws on law and society theories on the circulation of legal ideas to explain the instrumentalization of transitional justice in Colombia. Most scholarship explains transitional justice as a theoretical framework or as a set of instruments that helps redress mass violence. In contrast, this study reveals that the idea serves as a placeholder for different political actors to promote their respective interests. Drawing on over fifty interviews, the study suggests that the power of transitional justice lies in its malleability, which is both its strength and its weakness, as those with different political agendas can appropriate the idea in contradictory ways. The findings emphasize that understanding transitional justice requires a turn from abstract analyses that either take the idea for granted or try to define its meaning toward examining how people on the ground understand the idea, and how they translate those understandings into political action.

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Adamczewski, Bartosz. "The Function of the Allusion to Aristophanes’ Birds in the Parable of the Unjust Steward (Lk 16:1–8)." Collectanea Theologica 91, no. 2 (July 20, 2021): 21–36. http://dx.doi.org/10.21697/ct.2021.91.2.02.

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The allusion to Aristophanes’ Birds plays an important role in the intertextual-illustrative rhetoric of the Lucan parable of the unjust steward (Lk 16:1–8). People generally assume that good legal systems promote moral honesty and legal justice. Against this background, the Pauline idea of the presence of the law, but also its ineffectiveness in giving righteousness (Gal 3:19b; cf. 3:21), is quite difficult to explain. In order to illustrate this Pauline idea in his sequential hypertextual reworking of the Letter to the Galatians, Luke used the allusion to Aristophanes’ comedy, which presented the classical Athenian legal system as likewise ineffective against the activity of the morally corrupt legal agent, the sycophant. The Lucan unjust steward not only uses the language of the Athenian sycophant, but also engages in similar, apparently legal but morally unjust activity, thus questioning the effectiveness of the whole legal system in promoting righteousness. The reworking of the sequence of Pauline ideas explains the meaning of the enigmatic parable of the unjust steward (Lk 16:1–8).

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Đurđić, Sanja. "The idea of justice in the Antique time." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 508–17. http://dx.doi.org/10.5937/gakv0609508d.

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Philosophers and lawyers have been dealing with the idea of justice for centuries. Justice is one of the most brilliant ideas of our spiritual universe. It has been considered as a domina et regina virtutum - mistress and queen of virtues. Many people think of it as the best civilizational social and legal value. The paper deals with the development of the idea of justice in the Antique time.

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Березина, Елена. "LEGAL TECHNOLOGIES AND THE IMPLEMENTATION OF THE IDEA OF THE RULE OF LAW." Rule-of-law state: theory and practice 16, no. 3 (March 1, 2020): 126–37. http://dx.doi.org/10.33184/pravgos-2020.3.14.

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The article analyzes such a principle of the rule-of-law state as the rule of law, which is reflected both in the legal doctrine and in the legislation of many states of the world, as well as in international law, becoming an international legal standard. The content of this principle differs depending on the specifics of society legal system and a type of legal understanding. For uniform understanding and application of this principle, it is necessary to enshrine this principle in the Russian Constitution. The paper substantiates the following statement: while implementing the idea of the rule of law, a special role is played by legal technologies that allow the synthesis of legal science, legal practice and legal education in order to transform and improve the legal system of society.

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Schlegel, John Henry. "American Legal Theory and American Legal Education: A Snake Swallowing its Tail?" German Law Journal 12, no. 1 (January 1, 2011): 67–95. http://dx.doi.org/10.1017/s2071832200016746.

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My story is a story about American Legal Realism. It is part of an attempt to understand what Realism was by addressing the question, “Why is the study of Realism a subject of legal history and not of current events?” Of course, the “answer” to such a question is made up of several partial answers, of which what follows is but one. Others would talk about the relationship between legal doctrine and capitalist economic development or about legal theory and political philosophy or about legal theory and legal practice, to name a few examples. However, this partial answer can best be approached by examining how a simple idea about law - the liberal idea of the rule of law in its guise as the “rule theory of law” - has had in its rise and in its demise an impact on legal education and to attempt to understand why that is so. My attempt however, requires that I start my story back aways with Christopher Columbus Langdell and the Harvard Law School.

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Dmitriev, Oleg N. "Conceptual idea to optimize institutional typological series of organization and legal forms of legal entities." Revista Amazonia Investiga 9, no. 26 (February 21, 2020): 432–41. http://dx.doi.org/10.34069/ai/2020.26.02.50.

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The concept of a legal entity’s organization and form is introduced in a meaningful aspect. The existing typology of Russian enterprises/firms as legal entities in its organization and forms’ context with an emphasis on commercial organizations is given. There are defined priority discriminatory aspects of the Russian enterprises’ organization and legal form, that means for commercial organization. An assessment is made regarding the applied intuitive-empirical method of these subjects of juridical relations’ organization and legal forms existing typology forming and, accordingly, its non-optimization by the set and institutional characteristics. The conceptual idea to transit in the direction to optimized institutional series of the enterprises’ organization and legal forms is formulated. A general methodological scheme for forming of the optimized institutional series of them is proposed.

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KORZHENYAK, ANASTASIA, and ANTON MIKHAILOV. "THE LEGAL DOCTRINE OF JOHN WILLIAM SALMOND AS THE EVOLUTION OF THE ANGLO-AMERICAN LEGAL POSITIVIST TRADITION." Sociopolitical Sciences 11, no. 5 (October 28, 2021): 73–78. http://dx.doi.org/10.33693/2223-0092-2021-11-5-73-78.

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The purpose of the research. This article examines the key ideas underlying the legal teachings of the New Zealand lawyer, civil servant and judge John William Salmond (1862-1924), who, as the authors of this study demonstrate, was one of the first critics of the “command theory of law” of the founder of the school of analytical jurisprudence John Austin (1790-1859). By analyzing and interpreting Salmond’s legal doctrine the authors refute the view, entrenched in Russian jurisprudence, that the central representative of the 20th century neo-positivism Herbert Lionel Adolphus Hart (1907-1992) is considered a pioneer in this field who initiated the criticism of Austin’s legal understanding. The authors advocate the position that Hart’s critique of the command conception and understanding of law in his teachings is largely based on Salmond’s ideas. As a result of this study the authors conclude that there are certain similarities between J.W. Salmond’s idea of “ultimate legal principles” and H.L.A. Hart’s legal doctrine on the “rule of recognition”.

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Fedyk, Lidiia. "State and legal views of L. Lukyanenko." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 47–54. http://dx.doi.org/10.33098/2078-6670.2021.11.23.47-54.

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The purpose of the study is to identify the features of state and legal views of L. Lukyanenko through the prism of modern state formation. Methods. The priority research methods were: historical and legal - used to understand the evolution of L. Lukyanenko's ideas about the state and law and the connection of ideas with state-building and law-making activities, specifically-search - in analyzing, updating and classifying archival and printed sources, formally -legal method was used in the study of theoretical and legal heritage of L. Lukyanenko. Results. The main provisions of the state and legal views of L. Lukyanenko are revealed. Determinants among them are the idea of the priority of man over the state and the limitation of the functions of the state to resolve disputes in the field of human rights, democracy is a balance between the people and the government. Democracy is a necessary condition for the formation of civil society. The latter is formed on the basis of structuring society. Especially in a democracy, there are strong political parties that represent the interests of different social groups and to some extent limit power. Scientific novelty. The article examines L. Lukyanenko’s views on the state and law. Determinants of state and legal views are the idea of national elite, democracy and civil society, based on the concept of limited role of the state in favor of natural human rights, and the priority of international human rights law over national. The study shows L. Lukyanenko’s views on the formation of civil society and a democratic state. Practical significance. The problems considered in the work can contribute to the further study of state and legal views of L. Lukyanenko, will help to fill the "Ukrainian historical content" of such categories of legal science as "state", "democracy", "civil society".

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Feres, Marcos Vinício Chein. "Law as Integrity and Law as Identity: Legal Reasoning, State Intervention, and Public Policies." German Law Journal 14, no. 8 (August 1, 2013): 1147–62. http://dx.doi.org/10.1017/s2071832200002194.

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Taking both ordinary regulations and constitutional principles in account, is state intervention in the market through public policies legitimate? The legitimate use of public policies, as far as state intervention is concerned, will be analyzed taking into consideration legal procedures and the necessary legal interpretation. Methodologically, the theoretical object of this research is to conciliate the idea of law as integrity, developed by Dworkin, with the idea of law as identity, complemented by Taylor's idea of identity and Bankowski's idea of living lawfully. In fact, the methodological approach consists of reconstructing a system of analytical concepts based on a moral reading of legal rules and constitutional principles rooted within contemporary legal theory. The final object is to figure out new means of interpreting legal economic regulations and finding new ground for the legitimate evaluation of public policies.

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Qadir, Hemin Ibrahim, and Najmadeen Ahmed Muhamad. "Legal Morality in Fullerian Jurisprudence." Journal of University of Raparin 8, no. 3 (September 29, 2021): 151–69. http://dx.doi.org/10.26750/vol(8).no(3).paper8.

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The American legal philosopher Lon L. Fuller profoundly advanced a sophisticated morality conception of law through his argument for thesis of Legal Morality (LM). In particular, he adumbrated a novelist idea of “ internal morality of law” that would enable the transformation of the sophisticated morality conception of law into a conception idea of law and morality connection while simultaneously providing an explanation of the new and fresh thesis of legal morality. Contrary to the common (and mostly legal positivism) view, Fuller argues that it is not only the case that the (external) morality determines what the level of any connection between law and morality, rather it is also the idea of law in itself regenerates the idea of morality (internally). However, it is argued that in spite of the fact that Fuller suggested a sophisticated account of interconnection between law and morality, he fails to develop the complexities of the (morality) connection to the law in systemic way. What does he miss in his argument of the connection between law and morality? This study will advance the view that there are more than one way to make a connection between law and morality. Some of these connections can be named here: the morality of duty, the morality of legal subject, the morality of legal official, the morality of legal end, the morality of legal content and the internal and external morality of law. This study argues that each type of these connections between law and morality importantly has many effective outcomes in term of conception and implication of law, which Fuller did not tell us. In Fuller’s work, one can grasp the soundness of this connection in a variety levels. Yet, surprisingly to Fuller’s own works, this study will show that Fuller’s thesis of legal molarity must be expanded and justified on the different ground. In doing so, this study argues not only to make sense of Fuller’s legal morality, but it also redirects the systemic way to bring all pieces of Fuller’s claim of legal morality together and to seek the rationality beyond the legal.

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Yell, Mitchell L., and Antonis Katsiyannis. "Functional Behavioral Assessment and IDEA '97: Legal and Practice Considerations." Preventing School Failure: Alternative Education for Children and Youth 44, no. 4 (January 2000): 158–62. http://dx.doi.org/10.1080/10459880009599800.

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Serediuk, V. V. "THE GENESIS OF THE IDEA OF RESPONSIBILITY IN LEGAL PHILOSOPHY." SOCIOLOGY OF LAW, no. 2 (2021): 104–10. http://dx.doi.org/10.37687/2413-6433.2021-2.16.

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Heirbaut, Dirk. "A source of inspiration for legal historians: Raoul van Caenegem’s views on legal history." Tijdschrift voor Rechtsgeschiedenis 88, no. 1-2 (June 25, 2020): 24–41. http://dx.doi.org/10.1163/15718190-00880a09.

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Summary Although Raoul van Caenegem claimed otherwise, he had very strong views on what legal history should be. In his opinion, legal history belonged to the disciplinary field of history, not to law. The legal historian should not only chronicle past evolutions of the law, but also explain them. To this purpose, van Caenegem himself turned to sociology, trying to work with types and models in order to generalise. Van Caenegem rejected the idea of a Volksgeist and advocated to look at the European context in a comparative legal history. Nevertheless, his ‘Europe’ was limited to the founding members of the European Union, joined by England. He constructed legal history as a history of power and preferred to study groups of law makers instead of individuals. In his legal history, the European ‘Second Middle Ages’, from 1100 until 1750, stand out as the cradle of the modern rule of law, with a special role for the cities of medieval Flanders. Although well-known for a leading handbook promoting the idea of the ius commune, the common law of Europe, van Caenegem actually deemed custom to have been the primary source of law in medieval Europe, whereas the role of the ius commune had been, in his opinion, overestimated. As he showed many times during his distinguished career, van Caenegem wanted legal historians to take part in current debates. In the end, his main lesson from legal history was a plea for moderation, as taking a sound idea to its extreme leads to absurd or unintended consequences.

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Andersen, Astrid Nonbo. "The Greenland Reconciliation Commission: Moving Away from a Legal Framework." Yearbook of Polar Law Online 11, no. 1 (April 3, 2020): 214–44. http://dx.doi.org/10.1163/22116427_011010012.

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This article aims to show to what extent ideas and models from the fields of restorative and transitional justice informed the work of the Greenland Reconciliation Commission. The article demonstrates that the idea of processing the past by articulating experiences of both colonialism and neocolonialism dominated the approach taken, and that consequently the legal aspects were only occasionally touched upon. This sets the Greenland Reconciliation Commission somewhat apart from previous truth and reconciliation commissions.

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