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Journal articles on the topic 'Legal Rationalism'

Author: Grafiati

Published: 4 June 2021

Last updated: 5 February 2022

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1

Mikhailov, Anton Mikhailovich. "To the question on philosophical-methodological foundations of English legal positivism of the XIX century (legal teachings of J. Bentham and J. Austin)." Право и политика, no. 11 (November 2020): 57–73. http://dx.doi.org/10.7256/2454-0706.2020.11.34429.

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The subject of this research is the&nbsp; aggregate of philosophical ideas and methodological paradigms that underlie the concepts of the &ldquo;first&rdquo; legal (statist) positivism in England of the XIX century. The author traces the impact of certain philosophical trends and legal concepts of the XVIII &ndash; early XIX centuries upon the philosophical and methodological foundations of the positivist concepts of J. Bentham and J. Austin. The article describes the influence of social atomism, and exploratory rationality of Modern Age upon the &ldquo;first&rdquo; leg

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2

Сырых, Владимир, and Vladimir Syrykh. "Russian Jurists at the Crossroads: Materialistic Rationalism or Subjective Idealism?" Journal of Russian Law 4, no. 1 (January 25, 2016): 0. http://dx.doi.org/10.12737/17233.

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The expansion of its methodological arsenal of techniques developed from the standpoint of subjective idealism: synergy, hermeneutics, phenomenology, metaphysics, and others are inherent to the modern methodology of legal research. According to Russian lawyers who advertise them, methods are so efficient that they can be used successfully to solve a significant part of the tasks that were previously unaffordable by traditionally used method of knowledge of the state and law. At the same time, the specificity of these methods use in jurisprudence are hardly developed. As a result, practices are

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3

Zhang, Peilin. "Changes in Modern Urban Planning Teaching and Theory." Open House International 44, no. 3 (September 1, 2019): 40–43. http://dx.doi.org/10.1108/ohi-03-2019-b0011.

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In order to further optimize the methods of modern urban planning, the philosophical basis, planning theory, planning measures and practice are analyzed, and some discussions are made in connection with China's planning practice. The research results show that the core of modern urban planning is constructed by traditional rationalism with classical physics as its core. Urban planning is both a technology and a social science. Whether it is traditional or modern urban planning, it has been closely linked with the legal system since its birth. It is an important direction to promote the develop

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4

Tushnet, Mark. "Some Current Controversies in Critical Legal Studies." German Law Journal 12, no. 1 (January 1, 2011): 290–99. http://dx.doi.org/10.1017/s2071832200016874.

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The first few years in the development of critical legal studies (CLS) saw an ongoing discussion of an issue that was framed as “rationalism v. irrationalism”. The labels, it now appears, were misleading, for the discussion can be better understood as concerning the utility - for purposes of orienting strategic action as well as of understanding the social order - of relatively large-scale social theories in the traditions of Marx and Weber. The distinctive contribution of CLS to leftist social thought, and the embodiment of the fact that one side in the earlier discussion more or less prevail

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5

Charlesworth, Hilary, Christine Chinkin, and Shelley Wright. "Feminist Approaches to International Law." American Journal of International Law 85, no. 4 (October 1991): 613–45. http://dx.doi.org/10.2307/2203269.

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The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates. A legal system is regarded as different from a political or economic system, for example, because it operates on the basis of abstract rationality, and is thus universally applicable and capable of achie

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6

Mårtensson, Ulrika. "Al-Ṭabarī's Concept of the Qur'an: A Systemic Analysis". Journal of Qur'anic Studies 18, № 2 (червень 2016): 9–57. http://dx.doi.org/10.3366/jqs.2016.0238.

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This article seeks to define al-Ṭabarī’s concept of the Qur'an by exploring the systemic nature of al-Ṭabarī’s whole scholarly oeuvre, with reference to the political and scholarly context of debates between rationalism and traditionalism, and the development of uṣūl al-fiqh. Drawing on recent research on uṣūl al-fiqh (Vishanoff 2011) and al-Ṭabarī’s own madhhab (Stewart 2004; 2013), it is argued that al-Ṭabarī on the one hand politically agreed with the traditionalist camp regarding the need for written and publicly accessible law, and on the other hand developed his own independent legal met

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7

Jowitt, Joshua. "Legal rights for animals: aspiration or logical necessity?" Journal of Human Rights and the Environment 11, no. 2 (September 30, 2020): 173–98. http://dx.doi.org/10.4337/jhre.2020.02.02.

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Whereas regulation relating to minimum standards of animal welfare is increasingly uncontroversial in contemporary popular discourse, the same cannot be said of viewing animals as legal persons possessing legally enforceable rights in and of themselves. The purpose of this article will be to explore this reticence and ask whether the continued anthropocentricity of legally enforceable rights is compatible with the very concept of law itself. The article will draw heavily on the moral writing of Alan Gewirth, engaging with his justification for why human beings themselves can make philosophical

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8

Grözinger, Karl E. "»Jüdische Philosophie«." Zeitschrift für Kulturphilosophie 2017, no. 2 (2017): 297–322. http://dx.doi.org/10.28937/1000107993.

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The beginning of a universal culture of rationality in Judaism did not begin in the so called »Medieval Jewish philosophy« but had its precedents in the Biblical Wisdom Literature and in Rabbinic legal rationality. The Medieval Jewish authors, therefore, did not regard the medieval Philosophy propounded by Jewish authors as »Jewish philosophy« but as a participation of Jews in just another specific phase of universal rationalism. The reason why Jewish authors in the 19th century nevertheless alleged that there existed a specific »Jewish philosophy« at the side of a German, Christian or English

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9

Thompson, Lauren Macivor. "“The Reasonable (Wo)man”: Physicians, Freedom of Contract, and Women's Rights, 1870–1930." Law and History Review 36, no. 4 (November 2018): 771–809. http://dx.doi.org/10.1017/s073824801800041x.

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This article examines how ideals of contract freedom within the women's rights movement challenged medical and medical jurisprudence theories about women between 1870 and 1930. Throughout this period, medicine linked women's intellectual incapacity with problems rooted in their physical bodies. Doctors opined that reproductive diseases and conditions of pregnancy, childbirth, menstruation, and menopause rendered women disabled, irrational, and inherently dependent. Yet at the same moment, the elimination of the legal disability of coverture, and new laws that expanded women's property and earn

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10

Jabłoński, Andrzej Wojciech. "Teoretyczne ujęcia konfliktu politycznego." Wrocławskie Studia Politologiczne 22 (October 17, 2017): 21–34. http://dx.doi.org/10.19195/1643-0328.22.2.

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Theoretical approaches to political conflictThis article reconstructs and develops theoretical approaches to analysis of political conflicts in the disciplines of political science, political philosophy and sociology. In the consecutive sections of the article the author develops theoretical assumptions of liberal rationalism, agonism, political realism, structuralism and constitutional theory. These theoretical approaches differ in the attitudes towards the causes of conflict and the role of conflict in the modern political system. Liberal rationalism is a normative theory of consensus with

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11

Abernathy, Charles F. "The Lost European Aspirations of U.S. Constitutional Law." German Law Journal 4, no. 6 (June 1, 2003): 595–611. http://dx.doi.org/10.1017/s2071832200016254.

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Most European and American attorneys and judges think the U.S.A. has its legal roots in English common law, and that is probably true for the many areas of U.S. law that are still controlled by the traditional common-law process of simultaneously making and applying law. Yet, with respect to constitutional law – America's greatest legal contribution to modern respect for the rule of law, the roots of the U.S. legal system are firmly planted in Europe, not England. The U.S. Constitution was inspired by French revolutionary ideas of rationalism in law; it was intended as an integrated document j

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12

Rogalla, Barbara. "Legal Rationalism as a Tool to Politicise the Law, with Reference to Refugee Policy in Australia." International Journal of Diversity in Organizations, Communities, and Nations: Annual Review 4, no. 1 (2006): 0. http://dx.doi.org/10.18848/1447-9532/cgp/v04/39043.

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13

Kwiatkowski, Paweł. "Soft Law in International Governance." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 7 (December 15, 2017): 93–103. http://dx.doi.org/10.14746/ppuam.2017.7.06.

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The purpose of the article is to assess how the provisions resulting from international programmatic norms in the field of human genetic data are implemented. The presented study, adopting the perspective of institutional rationalism extended to the paradigm of legalism, considers examples of the implementation of these standards in selected legal systems – Germany, the United States of America and France. The selection of the research paradigm is preceded by a theoretical introduction, which presents three ways of conceptualizing the notion of soft law in the legal sciences. Following an outl

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Jowitt, Joshua. "The Desirability of Legal Rights for Novel Beings." Cambridge Quarterly of Healthcare Ethics 30, no. 3 (June 10, 2021): 504–16. http://dx.doi.org/10.1017/s096318012000105x.

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AbstractThe debate around whether novel beings should be legally recognized as legitimate rights holders is one that has produced a vast amount of commentary. This paper contributes to this discourse by shifting the normative focus of moral rights away from criteria possessed by the novel beings in question, and back toward the criterion upon which we ourselves are able to make legitimate rights claims. It draws heavily on the moral writing of Alan Gewirth’s identification of noumenal agency as the source of all legitimate rights claims. Taking Gewirthian ethical rationalism as providing a uni

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15

Findley, Michael G., Daniel L. Nielson, and J. C. Sharman. "Using Field Experiments in International Relations: A Randomized Study of Anonymous Incorporation1." International Organization 67, no. 4 (October 2013): 657–93. http://dx.doi.org/10.1017/s0020818313000271.

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AbstractEfforts to fight international money laundering, corruption, and terrorist financing depend crucially on the prohibition barring the formation of anonymous shell companies. To study the effectiveness of this prohibition, we perform the first international relations (IR) field experiment on a global scale. With university institutional review board (IRB) clearance, we posed as consultants requesting confidential incorporation from 1,264 firms in 182 countries. Testing arguments drawn from IR theory, we probe the treatment effects of specifying (1) the international standards (managerial

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16

Sadooghiasl, Afsaneh, Soroor Parvizy, and Abbas Ebadi. "Concept analysis of moral courage in nursing: A hybrid model." Nursing Ethics 25, no. 1 (April 20, 2016): 6–19. http://dx.doi.org/10.1177/0969733016638146.

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Background: Moral courage is one of the most fundamental virtues in the nursing profession, however, little attention has been paid to it. As a result, no exact and clear definition of moral courage has ever been accessible. Objective: This study is carried out for the purposes of defining and clarifying its concept in the nursing profession. Methods: This study used a hybrid model of concept analysis comprising three phases, namely, a theoretical phase, field work phase, and a final analysis phase. To find relevant literature, electronic search of valid databases was utilized using keywords r

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17

Pardede, Josua Navirio, and Piere Hugo Poluakan. "Law and Post-Truth: Critical Constructivism as an Ideal Legal Reasoning Method on Indonesia’s Post-Truth Era Society." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 4, no. 1 (June 4, 2021): 1–9. http://dx.doi.org/10.24090/volksgeist.v4i1.4202.

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This article aims to look at the current reality, which is marked by the proliferation of post-truth phenomena in the community, marking the many developments in the views and perspectives of each individual who considers something as an absolute truth by shifting the existence of facts, data. , and reality. This is the reality of challenges in the current era, so that in responding to the challenges posed by the post-truth era, scientific frameworks, including law as one of the main components that interact directly with society must try to avoid the formation of analyzes that lead to absolut

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18

Chulyukin, L. D., and V. V. Guryanova. "Law-Making Activity as a Type of Legal Process." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 38–44. http://dx.doi.org/10.17816/rjls18442.

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The article studies the problem of understanding the essence of law-making as a kind of legal process. The current procedural legislation for the creation of norms of law is analyzed. Scientific research about the nature of lawmaking is studied and modern law-making activity is taken. The law-making process is researched on the basis of philosophical approaches (dialectical materialism, logical positivism, critical rationalism, etc.), general scientific (analysis and synthesis, generalization, system analysis, abstraction, etc.) and private methods (specifically sociological method, formal leg

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19

Lytvynov, O. M. "Law, culture and legal reality: critical thinking (critical rationalism) as a condition for the survival of societies in the modern world." Scientific Herald of Sivershchyna. Series: Law 1, no. 3 (April 27, 2018): 18–31. http://dx.doi.org/10.32755/sjlaw.2018.01.018.

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20

Kravets, Anna. "Public law and municipal leadership and territorial public self-government: legal, institutional and communicative aspects." Право и политика, no. 3 (March 2021): 47–60. http://dx.doi.org/10.7256/2454-0706.2021.3.35377.

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This article reveals the public law concept of &ldquo;leadership&rdquo;, theoretical grounds of municipal leadership, its role within the system of municipal democracy and territorial public self-government from the perspective of integral legal understanding and a communicative approach towards law. The goal of this research consists in the analysis of conceptual and normative legal framework of the institutions of public law and municipal leadership, impact of the institution of leadership upon development of the forms of municipal democracy in the context of Russian and foreign expe

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21

Dunphy, Jillian L. "Healthcare professionals' perspectives on environmental sustainability." Nursing Ethics 21, no. 4 (October 7, 2013): 414–25. http://dx.doi.org/10.1177/0969733013502802.

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Background: Human health is dependent upon environmental sustainability. Many have argued that environmental sustainability advocacy and environmentally responsible healthcare practice are imperative healthcare actions. Research questions: What are the key obstacles to healthcare professionals supporting environmental sustainability? How may these obstacles be overcome? Research design: Data-driven thematic qualitative analysis of semi-structured interviews identified common and pertinent themes, and differences between specific healthcare disciplines. Participants: A total of 64 healthcare pr

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22

BRANCO, Mauro De Paula. "DA DISCÓRDIA À SOLUÇÃO ADEQUADA DE CONTROVÉRSIAS: A BUSCA POR MECANISMOS ALTERNATIVOS PARA SATISFAÇÃO ENTRE AS PARTES CONFLITANTES." Percurso 1, no. 28 (January 28, 2019): 82. http://dx.doi.org/10.21902/revpercurso.2316-7521.v1i28.3420.

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RESUMOO presente artigo científico possui como objetivo demonstrar ao leitor a maneira como as relações processuais são, ao longo da história, tratadas dentro do Direito e como é possível proporcionar mecanismos diversos para a solução alternativa de conflitos. Para tanto, dentro de uma análise epistemológica, a qual se vale do racionalismo para demonstrar quais as possíveis maneiras de se chegar a consensos válidos, judicial ou extrajudicialmente. O método pretendido é o indutivo, levando o interprete a entender quais as possibilidades de se adentrar em uma relação contenciosa, mas que pode s

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23

Baum, Manfred. "Kants praktischer Platonismus." Kantian journal 38, no. 4 (2019): 7–33. http://dx.doi.org/10.5922/0207-6918-2019-4-1.

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At the centre of discussion lies the reception of Plato’s philosophy, particularly his theory of Ideas, in Kant’s moral philosophy, his ethics and his doctrine of right. Kant saw himself as a follower of Platonism insofar as its anti-empiricist principles of human conduct are concerned, although his own version of practical rationalism differs considerably from Plato’s. This is also true of Kant’s conception of freedom and of human rights. The greatest impact on Kant’s moral philosophy is due to the doctrine of the two worlds, the mundus sensibilis and the mundus intelligibilis, which did not

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24

Sabet, Amr G. E. "The Just War and Jihad." American Journal of Islam and Society 24, no. 4 (October 1, 2007): 98–100. http://dx.doi.org/10.35632/ajis.v24i4.1514.

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The fifteen chapters of this book bring together scholars from a variety offields to examine and analyze what they perceive to be a relationshipbetween religion and violence. Generating a feeling of déjà vu, they rehashpreviously developed assumptions, arguments, and biases that tend to ignoreunderlying causes related to the “existence of the sacred,” for reasons apparentlybeyond the domain of secular comprehension. The articles reiterateconventional secular arguments about the dangers of religious convictionson “peace” and tend to vary in quality and consistency, which reflects on thebook’s o

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25

Kozak, Małgorzata. "Obrona nowożytnej koncepcji praw dziecka. Kilka refleksji w kontekście myśli pedagogicznej Jana Jakuba Rousseau." Problemy Wczesnej Edukacji 29, no. 2 (June 30, 2015): 23–32. http://dx.doi.org/10.5604/01.3001.0008.5658.

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The presented text focuses on the normative concept of the rights of the child. The inspiration to re-read this currently dynamic pedagogical and legal category is the persona and ideas of Jean- Jacques Rousseau. The presented reflections are an attempt at a new interpretation of the category of children’s rights in the context of pedagogical naturalism and the rationalism of a philosopher of the Enlightenment. This text may become an argument in defense of the concept of basing the relations between adults and children on the ideas of children’s rights. We are faced with the following questio

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26

Suniehin, S. O. "Anthropocentrism as a paradigm of legal science: historical origins and modern context." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 237–51. http://dx.doi.org/10.33663/2524-017x-2021-12-41.

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The article is devoted to the study of the historical origins of anthropocentrism as a basic paradigm of developmentof modern jurisprudence and the peculiarities of its transformation in today’s conditions. It is noted that with the beginning of the Renaissance anthropocentrism finally began to take shape in a fundamental system of ideas and principles of philosophical and ideological significance, which laid radical changes in European public consciousness associated with the formation of an autonomous worldview, which is completely self-sufficient, free and does not depend on any supernatura

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27

Khasanova, Takhmina G. "MODERN TAJIKISTAN MEDIA DISCOURSE IN THE CONDITIONS OF LANGUAGE POLICY TRANSFORMATION." ISSUES OF ETHNOPOLITICS, no. 2 (2020): 102–13. http://dx.doi.org/10.28995/2658-7041-2020-2-102-113.

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At the epicentre of this research is the issue of language policy in the framework of transformation processes in the Republic of Tajikistan, which is reflected in the country’s media discourse. Initially, the author draws attention to the fact that the Tajik media, considered the most professional and free in Central Asia, during the period of the cardinal change of historical milestones were distinguished by tendentiousness, turning into a thoughtless machine for directives implementation. The article presents the author’s independent Tajikistan media main stages classification and gives a s

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28

Alpa, Guido. "Il diritto giurisprudenziale e il diritto "vivente". Convergenza o affinitŕ dei sistemi giuridici?" SOCIOLOGIA DEL DIRITTO, no. 3 (February 2009): 47–81. http://dx.doi.org/10.3280/sd2008-003002.

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- One of the many criteria used to classify legal systems in the course of the history of comparative law is that of "legal sources". On the basis of this criterion of classification, systems in which legislative sources prevail are distinguished from spontaneous sources so the law as enacted by the legislator from the law as consolidated by means of customs, systems in which law is written from those in which the law is the result of practice, systems in which written law is codified from those based on law created by judges. Although they consider these classifications to be abstract, approx

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29

Shachin, Svyatoslav. "The philosophy of dialogue by Y. Habermas and M. Bakhtin in the context of comparing of the socio-cultural foundations of the German and Russian philosophical traditions." KANT 37, no. 4 (December 2020): 328–36. http://dx.doi.org/10.24923/2222-243x.2020-37.67.

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The article explores how the socio-cultural conditions of Germany and Russia affect the development of thought itself when revealing the category of dialogue and how the socio-cultural identity of thinkers is expressed in the philosophy of dialogue. The original sociology of the theory of dialogue by Y. Habermas and the ontology of the theory of dialogue by M. M. Bakhtin are shown. The main achievements of each of the authors in the development of the category of dialogue are traced. Y. Habermas justified the communicative mind, rooted in the language, through which it is possible to achieve m

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30

Zicklin, Gilbert. "Deconstructing Legal Rationality:." Marriage & Family Review 21, no. 3-4 (July 12, 1995): 55–76. http://dx.doi.org/10.1300/j002v21n03_04.

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Bonfante, Francesca. "Spatialized corporatism between town and countryside." SHS Web of Conferences 63 (2019): 02003. http://dx.doi.org/10.1051/shsconf/20196302003.

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This contribution deals with the relationship between town planning, architectural design and landscape in the foundation of “new towns” in Italy. In doing so, I shall focus on the Pontine Marshes, giving due consideration to then emerging theories about the fascist corporate state, whose foundation act may be traced back to Giuseppe Bottai’s “Charter of Labour”. This political-cultural “model” purported a clear hierarchy between settlements, each bound for a specific role, for which specific functions were to be assigned to different parts of the city. Similarly, cultivations in the countrysi

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32

Essert, Christopher. "LEGAL OBLIGATION AND REASONS." Legal Theory 19, no. 1 (January 30, 2013): 63–88. http://dx.doi.org/10.1017/s1352325212000249.

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According to the legal rationalist, the law claims to give its subjects reasons for action. The leading legal rationalist, Joseph Raz, says, “the law claims that the existence of legal rules is a reason for conforming behaviour.” Putting the same point more casually, he writes: The law sets things straight: telling people “this is what you should do and whether you agree that this is so or not, now that it is the law that you should you have the law as a new, special kind of reason to do so.” Jules Coleman, who also at times plays the part of the legal rationalist, agrees: The prevalent view a

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Azuelos-Atias, Sol. "The rationality of legal argumentation." Pragmatics and Cognition 17, no. 2 (August 18, 2009): 383–401. http://dx.doi.org/10.1075/pc.17.2.08azu.

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According to Dascal (1998), controversy is characterised by a special kind of rationality, one result thereof being the unique contribution of this kind of polemics to the growth of knowledge. This, in turn, implies that complete cooperation may be detrimental for the efficiency of communication. In this article I discuss the kind of rationality that characterises controversy in legal discourse, in order to provide additional support to Dascal’s thesis about the uniqueness of the rationality of this kind of polemic exchange. I present empirical evidence supporting the conclusion that we may ch

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Lenoble, Jacques, François Ost, and Iain Stewart. "Founding Myths in Legal Rationality†." Modern Law Review 49, no. 4 (July 1986): 530–44. http://dx.doi.org/10.1111/j.1468-2230.1986.tb01702.x.

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Heydebrand, Wolf. "Process Rationality as Legal Governance." International Sociology 18, no. 2 (June 2003): 325–49. http://dx.doi.org/10.1177/0268580903018002002.

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Ahmed, Asad Q., and Robert Gleave. "Rationalist Disciplines and Postclassical Islamic Legal Theories." Oriens 46, no. 1-2 (January 1, 2018): 1–5. http://dx.doi.org/10.1163/18778372-04601001.

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GARDIES, JEAN-LOUIS. "The Fundamental Features of Legal Rationality." Ratio Juris 1, no. 3 (December 1988): 241–51. http://dx.doi.org/10.1111/j.1467-9337.1988.tb00017.x.

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Prochwicz-Studnicka, Bożena. "Usul al-fi qh. Czym są klasyczne sunnickie „korzenie/podstawy wiedzy o prawie”?" Czasopismo Prawno-Historyczne 65, no. 1 (November 2, 2018): 11–51. http://dx.doi.org/10.14746/cph.2013.65.1.01.

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Usul al-fi qh is one of the disciplines of fiqh (the science of religious law in Islam), called for simplicity the theory of law, but actually comprising elements – from the Western perspective – of both theory and philosophy of law, theology, logic, epistemology and linguistics. Usul-al-fi qh literature was written until the end of the classical period in the history of Islamic law, i.e. until roughly the 19th century when the world of Islam came into contact on a larger scale with Western civilisation. As a result, Islamic law entered its modern era. The fi rst works on the theory of law (wh

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Афанасьевский, Вадим Леонидович. "METHODOLOGICAL FOUNDATIONS OF THE CONCEPT OF GENERAL THEORY OF LAW J.-L. BERGEL." Vestnik Samarskogo iuridicheskogo instituta, no. 1(42) (March 22, 2021): 14–23. http://dx.doi.org/10.37523/sui.2021.42.1.002.

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Предметом статьи является экспликация методологического базиса разработанной французским правоведом Жаном-Луи Бержелем концепции общей теории права. Автор фиксирует, что методология этой конструкции отличается принципиальной спецификой от классического рационализма научного знания. Бержель для разработки проблем теории права использовал импрессионистский метод, принципиально выходящий за рамки научной методологии. Это приводит к тому, что читатель превращается в соавтора, выстраивая свое представление о предмете теории права. Причем фантазия автора и читателя ничем не ограничена, ибо она уходи

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Ivanskiy, Valeriy P., and Sergey I. Kovalev. "THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART I)." RUDN Journal of Law 23, no. 1 (December 15, 2019): 48–61. http://dx.doi.org/10.22363/2313-2337-2019-23-1-48-61.

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The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as «classical», «non-classical» or «post-non-classical» science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The p

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Ivanskiy, Valeriy P., and Sergey I. Kovalev. "THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART II)." RUDN Journal of Law 23, no. 2 (December 15, 2019): 184–99. http://dx.doi.org/10.22363/2313-2337-2019-23-2-184-199.

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Abstract:

The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as “classical”, “non-classical” or “post-non-classical” science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The p

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Qian, X. Y. "Traditional Chinese law v. Weberian legal rationality." Max Weber Studies 10, no. 1 (2010): 29. http://dx.doi.org/10.15543/mws/2010/1/5.

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Travis, M. "NON-NORMATIVE BODIES, RATIONALITY, AND LEGAL PERSONHOOD." Medical Law Review 22, no. 4 (May 21, 2014): 526–47. http://dx.doi.org/10.1093/medlaw/fwu015.

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Cirace, John. "The theory of economic and legal rationality." International Advances in Economic Research 4, no. 3 (August 1998): 302. http://dx.doi.org/10.1007/bf02294907.

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Weinrib, Ernest J. "Legal Formalism: On the Immanent Rationality of Law." Yale Law Journal 97, no. 6 (May 1988): 949. http://dx.doi.org/10.2307/796339.

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Zykov, Dmitrii Valer'evich. "Limits of Rationality Types Applicability in Legal Activity." Manuskript, no. 6 (June 2020): 82–89. http://dx.doi.org/10.30853/manuscript.2020.6.14.

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Accatino, Daniela. "Legal evidence theory: are we all “rationalists” now?" Revus, no. 40 (August 14, 2020): 85–101. http://dx.doi.org/10.4000/revus.5692.

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Capps, Patrick, and Henrik Palmer Olsen. "Legal Autonomy and Reflexive Rationality in Complex Societies." Social & Legal Studies 11, no. 4 (December 2002): 547–67. http://dx.doi.org/10.1177/096466390201100404.

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Meiloud, Ahmed. "A Conflict Between Divine texts and Human Legal Needs?" Islamic Africa 7, no. 1 (April 12, 2016): 81–89. http://dx.doi.org/10.1163/21540993-00701006.

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This paper presents excerpted translations from a longer text by the Moroccan jurist, Ahmad al-Raysuni, which highlight a key facet of contemporaneous Muslim legal debates about law and religion. They especially focus on the thorny question of whether textual sources are liable to conflict with pure rational legal considerations and hence must be sidestepped to protect personal or public interests. In these excerpts Raysuni defends his position, and that of many of the so-called ‘moderate’ Islamists, who–while decry the rigid literalism of other traditionalists—maintain that explicit textual i

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van Aaken, Anne. "Experimental Insights for International Legal Theory." European Journal of International Law 30, no. 4 (November 2019): 1237–62. http://dx.doi.org/10.1093/ejil/chaa009.

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Abstract Insights from experimental psychology and economics have rarely been applied to the study of international law and never to the study of international legal theory. This article applies them to socio-legal international theory that has grosso modo two important background paradigms with several variants: rationalist and constructivist. In both paradigms, the interest in understanding and explaining international law by uncovering causal mechanisms in international cooperation and compliance and in asking how cooperation is sustained in a system as decentralized as international law is

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