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Journal articles on the topic 'Legal rule'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Hage, Jaap. "Legal Reasoning and Legal Integration." Maastricht Journal of European and Comparative Law 10, no. 1 (2003): 67–97. http://dx.doi.org/10.1177/1023263x0301000104.

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According to Legrand, harmonization of European private law by means of a European Civil Code would not work, because of the different legal cultures (mentalités) within which such a code would have to operate. In the civil law tradition, legal reasoning on the basis of such a code would be deductive in the sense of the application of rules that are posited prior to the cases to which they should be applied. In the common law tradition, the starting point of legal reasoning is in the cases themselves. As a consequence, common law reasoning would abstract less from the peculiarities of individu

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2

Dzeiko, Zhanna Oleksandrivna. "Technical and legal rules of formulating footnotes in laws: theoretical and legal aspects." Alʹmanah prava, no. 15 (September 1, 2024): 170–75. https://doi.org/10.33663/2524-017x-2024-15-170-175.

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The purpose of this article is a theoretical and legal study of the problems of formulating notes in laws in the context of the application of legislative techniques. Results of the study: the author proposed the basic technical and legal rules for formulating notes in laws. The expediency of using notes in laws is determined by their main function: notes are aimed mainly at specifying the rules of law enshrined in laws. The note in the law is «accompanying» in relation to the rule of law and therefore the content of the note should not go beyond the relevant rule of law. The notes should cont

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Fawei, Biralatei. "NLP-Based Rule Learning from Legal Text for Question Answering." Asian Journal of Research in Computer Science 17, no. 7 (2024): 31–40. http://dx.doi.org/10.9734/ajrcos/2024/v17i7475.

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Law is a system containing rules and regulations that binds a people. Legal rules and regulations are usually expressed in domain specific terminologies which are presented in textual form. Its expression is not in machine understandable format for legal reasoning to infer new knowledge or determines if a course of action aligns with the law. Similarly, in order to conceive the rule layer of the semantic web vision in line with the W3C recommendation, in this paper, we present a rule learning technique for learning legal rules for legal question answering, where we learn rules from a collectio

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Shumanovska-Spasovska, Ivana, and Konstantin Bitrakov. "Magna Carta And Its Significant Role For Rule Of Law In The Republic Of Macedonia." SEEU Review 11, no. 1 (2015): 86–98. http://dx.doi.org/10.1515/seeur-2015-0012.

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Abstract One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on develop

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Vovk, Victoria. ""Legal regulation" vs "legal regulation"." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 12(24) (December 9, 2021): 17–21. http://dx.doi.org/10.33098/2078-6670.2021.12.24.17-21.

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The purpose of the study is to comprehend and define the substantive differences between the concepts and phenomena of legal rule-making and legal rule-making. The research methodology is represented by a set of philosophical and general scientific methods. Determinants of which are comparative and hermeneutic, as well as socio-cultural and axiological approaches. Results. It is shown that legal investigations’ conceptual and terminological accuracy is one of the foundations of qualitative research. It is proved that rigor and clarity in the application of the conceptual apparatus in legal res

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Halberstam, Chaya. "Legal Justice or Social Justice?" Journal of Ancient Judaism 7, no. 3 (2016): 397–422. http://dx.doi.org/10.30965/21967954-00703006.

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This article aims to read closely the tannaitic material pertaining to judicial discretion and legal justice with the understanding that the rabbis are not simply clarifying certain specialized questions about courtroom procedure but are seriously engaging a core facet of Roman imperial and Hellenistic ideology: the benefits and deficits of the rule of law. It has been noted that as opposed to later, talmudic rabbis, the Tanaaim are particularly strict with regard to personal, judicial discretion – in other words, that rather than strike a balance between law and wisdom, they allow only for ru

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7

LAX, JEFFREY R. "Constructing Legal Rules on Appellate Courts." American Political Science Review 101, no. 3 (2007): 591–604. http://dx.doi.org/10.1017/s0003055407070347.

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Appellate courts make policy, not only by hearing cases themselves, but by establishing legal rules for the disposition of future cases. The problem is that such courts are generally multimember, or collegial, courts. If different judges prefer different rules, can a collegial court establish meaningful legal rules? Can preferences that take the form of legal rules be aggregated? I use a “case-space” model to show that there will exist a collegial rule that captures majoritarian preferences, and to show that there will exist a median rule even if there is no single median judge. I show how col

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Dzeiko, Zh O. "Legal technique of interpretation of the law: theoretical and legal aspecks." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 62–66. http://dx.doi.org/10.33663/2524-017x-2021-12-10.

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In her work, the author proposes a system of means, methods, techniques and rules for the exercise of legal activity by subjects of law to understand and, if necessary, to explain the content of the law, aimed at obtaining a legal result. It is true that the main features of legal technology for the interpretation of norms of law are: it is a relatively autonomous element of the legal situation, which derives from its qualitative and quantitative characteristics; The essence of the legal technique of interpreting norms of law is that it corresponds to the essence of the law and the level of de

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Nurlaelawati, Euis. "Menuju Kesetaraan dalam Aturan Kewarisan Islam Indonesia: Kedudukan Anak Perempuan versus Saudara Kandung." JURNAL INDO-ISLAMIKA 2, no. 1 (2015): 75–90. http://dx.doi.org/10.15408/idi.v2i1.1653.

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As response to the demand on women’s legal development, through the KHI Hukum Islam, Indonesia introduced a number of legal reforms on familial issues, including inheritance. Several legal reforms on inheritance issues include the rule of ahli waris pengganti, the rule of wasiat wajiba (obligatory bequest), and the rule of the share of daughters versus collaterals. These novel rules were introduced as to meet the demands of both solving contemporary legal issues and of empowering women to put them in equal position as men. This paper discusses the detailed rule on the share of daughter(s) when

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Cholho Choi. "The systemicity and legitimacy of Japanese administrative rule." KOOKMIN LAW REVIEW 28, no. 3 (2016): 543–72. http://dx.doi.org/10.17251/legal.2016.28.3.543.

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Rodziewicz, Piotr. "Niejednoznaczne podstawy stosowania przepisów wymuszających swoje zastosowanie (przepisów koniecznego zastosowania)." Problemy Prawa Prywatnego Międzynarodowego 24 (June 30, 2019): 169–87. http://dx.doi.org/10.31261/pppm.2019.24.07.

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The article raises issues concerning legal basis for the application of the overriding mandatory rules. In the Polish doctrine there are two opposing concepts in terms of explanation of the legal grounds for application of overriding mandatory rules. Both theories do not have a universal dimension, in the sense that they do not sufficiently explain the basis for the application of domestic as well as foreign overriding mandatory rules, being part of lex causae or coming from a third state. The article presents arguments for and against the possibility of deriving the legal grounds for applicat

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Yuldashev, Doniyor. "ENSURING THE INTEGRITY OF LEGAL EDUCATION AND UPBRINGING IN ENHANCING LEGAL AWARENESS AND LEGAL CULTURE IN SOCIETY." American Journal Of Social Sciences And Humanity Research 02, no. 06 (2022): 28–31. http://dx.doi.org/10.37547/ajsshr/volume02issue06-06.

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This article discusses ensuring the integrity of legal education and upbringing in enhancing legal awareness and legal culture in society. An important aspect of the decree is that the existing shortcomings in this area are listed one by one. As noted in the document, we can not say that today the population has a comprehensive approach to the work of instilling respect for the law and the rules of ethics, intolerance of crime. Insufficient efforts to inculcate the idea of maintaining a balance between personal and public interests have a negative impact on the rule of law.

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Ramsauer, Laurenz. "Is the rule of recognition really a duty-imposing rule?" Journal of Legal Philosophy 48, no. 2 (2023): 83–102. http://dx.doi.org/10.4337/jlp.2023.02.01.

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According to a persistent assumption in legal philosophy, the social rule at the foundation of a legal system (the Rule of Recognition) serves both an epistemic and a duty-imposing function. Thus, some authors have claimed that it would be a formidable problem for legal philosophy to explain how such social rules can impose duties, and some have taken it upon themselves to show how social practices might just do that. However, I argue that this orthodox assumption about the dual function of rule of recognition is ill-founded. Contrary to the orthodox view, we have no good reasons to ascribe mo

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Tank, Helen. "Living with the Rules: Gender and the Rule of Law in Herodotus’ Histories." Studia Iuridica 80 (September 17, 2019): 389–403. http://dx.doi.org/10.5604/01.3001.0013.4820.

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What does “the rule of law” mean to an ancient historian, Herodotus? This paper uses modern legal theories and a sociological model to consider how he presents the concept in his Histories. The author takes a novel approach in that she considers the rule of law from a gender perspective. She argues that law is as much about social and cultural rules, which involve women as much as men, as it is about institutional practices which exclude women and reinforce an ideology of female inferiority. She also shows that the rule of law is a powerful normative ideal which Herodotus uses to interrogate p

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Тихонравов, Евгений, and Evgeniy Tikhonravov. "The specificity of extensive and restrictive interpretations of the law." Advances in Law Studies 4, no. 3 (2016): 13–17. http://dx.doi.org/10.12737/21649.

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Some scholars maintain that all legal rules are subject to extensive and restrictive interpretation. Others argue that certain kinds of legal norms cannot be construed in this way. The author attempts to resolve this contradiction. The findings suggest a rule for determining when extensive or restrictive interpretation of a particular legal rule is acceptable.

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이보미. "A Study on the Suitability Rule of Variable Insurance." KOOKMIN LAW REVIEW 28, no. 2 (2015): 169–215. http://dx.doi.org/10.17251/legal.2015.28.2.169.

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Porges, Amelia. "United States: Foreign Legal Consultant Rules of California, The District of Columbia and New York." International Legal Materials 26, no. 4 (1987): 977–97. http://dx.doi.org/10.1017/s002078290002595x.

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On April 2, 1987, California's new rules on licensing of foreign legal consultants came into effect, joining the foreign legal consultant rules in New York, the District of Columbia, Michigan, and Hawaii [Rule 988, Cal. Rules of Court; N.Y. Ct. App. R. for Licensing of Legal Consultants, 22 N.Y.C.R.R. Part 521; Rule 46 (c) (4), D.C. Ct. App.; Rule 5 (E), Mich. Bd. of L. Exam'rs; Rule 14, Sup. Ct. of Hawaii]. The California, New York and District of Columbia rules are reprinted here. In addition, a foreign legal consultants proposal is now under active consideration in Texas.The table following

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18

Kuchin, Mihail Victorovich, and Elena Evgenyevna Gulyaeva. "LEGAL RULES CREATED BY COURTS: AN OVERVIEW." Revista de Direito Brasileira 30, no. 11 (2022): 192. http://dx.doi.org/10.26668/indexlawjournals/2358-1352/2021.v30i11.8421.

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We seek to understand the definition of legal rules created by national and international courts. We seek to look into the content of legal rules in Russian legal doctrine by classifying them into three groups. The authors consider the importance of historical background of this issue due to the changes in the international judicial system and Russian procedural legislation. We seek to analyze the phenomenon of a legal rule created by the court. We found out that all the legal rules created by courts could be divided into three main groups, depending on the source: the rules fixed in the norma

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Sodikov, Akmal. "MODERN TENDENCIES IN THE DEVELOPMENT OF RULE-MAKING IN UZBEKISTAN." Jurisprudence 3, no. 4 (2023): 6–16. http://dx.doi.org/10.51788/tsul.jurisprudence.3.4./ygdy9083.

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This article analyzes the issues of improving the national rule-making process in the direction of information provision. The purpose of the research is to develop relevant proposals, recommendations, and conclusions on improving the legislation of the Republic of Uzbekistan and legal practice. The subject matter of the research is normative legal acts related to rule-making in the Republic of Uzbekistan, legal practice, as well as scientific-theoretical conceptual approaches and legal categories. Methods such as historical, systematic-structural, logical, induction, deduction, comparative-leg

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Lebedev, Vladimir M., and Lyubov A. Dyrkova. "Matter of private law." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 48 (2023): 128–31. https://doi.org/10.17223/22253513/48/11.

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Any rule of law contains a rule and the legal energy necessary for its implementation in the process of rulemaking, law enforcement, and scientific research. The rule of law is material. It is a system that consists of two elements. In the rule of law, the legislator fixes the rules of conduct. Its implementation assumes a certain dynamics that ensures the movement of the law enforcement process. Without this element, it is difficult to explain the law enforcement activity, its stages and their effectiveness. A rule of law is not a monolith, but a complex material system, the study of which ca

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21

RAHAYU, Panggih Rangga, Bama ADIYANTO, Jentung Wisnu MURTI, Aries SETIYONO, and Mutia Evi KRISTHY. "Legal Effectiveness and Legal Functions in Indonesia." Journal of Political And Legal Sovereignty 2, no. 1 (2024): 148–53. https://doi.org/10.38142/jpls.v2i1.143.

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Purpose: This study aims to describe the Effectiveness of Law and Legal Functions in Indonesia. Law serves as justice, certainty and expediency. In the practice of law administration in Indonesia, there are times when there is a conflict between legal certainty and justice. This research will examine the effectiveness of law and legal functions in Indonesia, based on the object of research to be studied, and then this research will be based on positive law.Methodology:This research uses a descriptive qualitative approach with library research methods. Legal certainty is concrete and tangible,

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RAHAYU, Panggih Rangga, Bama ADIYANTO, Jentung Wisnu MURTI, Aries SETIYONO, and Mutia Evi KRISTHY. "Legal Effectiveness and Legal Functions in Indonesia." Journal of Political And Legal Sovereignty 1, no. 3 (2023): 148–53. http://dx.doi.org/10.38142/jpls.v1i3.143.

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Purpose: This study aims to describe the Effectiveness of Law and Legal Functions in Indonesia. Law serves as justice, certainty and expediency. In the practice of law administration in Indonesia, there are times when there is a conflict between legal certainty and justice. This research will examine the effectiveness of law and legal functions in Indonesia, based on the object of research to be studied, and then this research will be based on positive law.Methodology:This research uses a descriptive qualitative approach with library research methods. Legal certainty is concrete and tangible,

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Sergeev, V. N. "Standard Behavior under Legal Control: A Behavioristic Approach." Reflexio 12, no. 2 (2019): 43–59. http://dx.doi.org/10.25205/2658-4506-2019-12-2-43-59.

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The standard behavior based on the so-called legal type of control is considered. The mechanisms of modeling of required behavior through standard rules, ways of increasing its probability, tools of transfer of behavior in various situations are analyzed. The distinction of patterns of individual behavior, as well as its social forms facilitating the cumulative effect is made. The standard rules prescribe a order of actions in any situation. The standard regulation of behavior structurally reproduces the model of control of behavior due to existing consequences (i.e. includes guideline of cond

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Sergeev, V. N. "Standard Behavior under Legal Control: A Behavioristic Approach." Reflexio 12, no. 2 (2019): 43–62. http://dx.doi.org/10.25205/2658-4506-2019-12-2-43-62.

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The standard behavior based on the so-called legal type of control is considered. The mechanisms of modeling of required behavior through standard rules, ways of increasing its probability, tools of transfer of behavior in various situations are analyzed. The distinction of patterns of individual behavior, as well as its social forms facilitating the cumulative effect is made. The standard rules prescribe a order of actions in any situation. The standard regulation of behavior structurally reproduces the model of control of behavior due to existing consequences (i.e. includes guideline of cond

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김택주. "The over the count trade of Derivative and Suitability rule." KOOKMIN LAW REVIEW 29, no. 2 (2016): 9–54. http://dx.doi.org/10.17251/legal.2016.29.2.9.

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Ozai, Ivan. "Policy Forum: Judicial Line Drawing and Implications for Tax Avoidance." Canadian Tax Journal/Revue fiscale canadienne 71, no. 4 (2022): 1053–68. http://dx.doi.org/10.32721/ctj.2023.71.4.pf.ozai.

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The choice between a bright line and a nuanced approach is one of the cornerstones of judicial law making. Yet the nature and implications of this choice remain to be fully understood. The term "bright line" is often used ambiguously to refer to two distinct line-drawing techniques. The first construal of the term refers to the variability in determining the circumstances that qualify the facts for the application of the law (the legal rule's antecedent), where the choice ranges between a bright-line rule, characterized by simplicity and unambiguity, and a multifold rule, which involves a comp

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Kurniawan, Faizal, Prawitra Thalib, M. Hadi Subhan, Bart Jansen, and Zuhairah Ariff Binti Abd Ghadas. "Justice as a Meta Value of Corrective Justice in Providing Restitution for Unjust Enrichment: A Study on Rules, Norms, Principles, and Foundation." Jurnal Hukum 39, no. 2 (2023): 192. http://dx.doi.org/10.26532/jh.v39i2.33049.

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The legal foundation is one of the most important sources of law that has been emphasized in several legal theories. However, concepts regarding legal foundation are still heavily debated and intertwined with other legal principles, legal values, legal norms, legal theorems, and legal rules. Foundation, principles, and norms are general concepts discussed in the law field as a separate point of discussion in the study of law, especially in legal theory.This showcases that the knowledge regarding concepts and the standing of different principles, values, norms, and rules are important in studyi

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Luthfi, Muhammad, and Yohana Wardoyo. "NADZIR REGISTRATION REGULATION TO THE INDONESIAN WAQF BOARD WITH A POSITIVE LEGAL PERSPECTIVE AND ISLAMIC LAWm Islam." Legal Standing : Jurnal Ilmu Hukum 4, no. 2 (2020): 190. http://dx.doi.org/10.24269/ls.v4i2.2839.

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Regulation of nadzir registration to Indonesian Waqf Agency (BWI) is a new rule about Waqf in Indonesia. This rule has a different push point in the rules, the rule of law using the word "must" as its registration regulation, And the rules of implementation use the word "mandatory". The use of the word "obligatory" is also not followed by the sanction of the rules. This study explains the regulation of the registration of Mucconsulting to BWI's perspectives on positive laws and Islamic law. The problem formulation, how the regulation of registration of nadzir to BWI is reviewed from the rules

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Fungwacharakorn, Wachara, and Ken Satoh. "Toward a practical legal rule revision in legal debugging." Computer Law & Security Review 46 (September 2022): 105696. http://dx.doi.org/10.1016/j.clsr.2022.105696.

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Peña Neira, Sergio. "Interpretation and Application of International Legal Obligation in a National Legal System: Taking Seriously Benefit Sharing from the Utilization of Genetic Resources in India." Anuario Mexicano de Derecho Internacional 1, no. 17 (2017): 652. http://dx.doi.org/10.22201/iij.24487872e.2017.17.11048.

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In taking seriously the interpretation and application of international obligations on sharing of benefits equitably on genetic resources, India has decided for a law, rules and guidelines to define equitableness as well as a “case by case” assessment. In doing so, lessons from various cases in which (un)successfully benefits have been shared as well as the rule of application of Article 15.7 of the Convention on Biological Diversity (rules should be enacted as well as policies and “other measures”) were considered in a national Act on this subject. The process of law creation as a consequence

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Spearman, DeCarlous Y. "Citing Sources or Mitigating Plagiarism: Teaching Law Students the Proper Use of Authority Attribution in the Digital Age." International Journal of Legal Information 42, no. 2 (2014): 177–219. http://dx.doi.org/10.1017/s0731126500012038.

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Learning the rules of legal citation is a challenge for new and seasoned legal researchers alike. Good instruction and practice are required to master these rules. Think about the first sport you learned to play. Did you master all the rules the first time you played the game? Do most people even read a rule book when learning to play a new sport? Initially, it is a challenge for any player learning the game to follow all of the rules correctly. Generally, only coaches study the rule book. The rules of the game are very important so coaches and players know what is and is not permitted “on the

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Sodikov, Akmal. "PROSPECTIVE DIRECTIONS FOR IMPROVING THE PROCESS OF RULE-MAKING." Review of Law Sciences 7, no. 3 (2023): 4–16. http://dx.doi.org/10.51788/tsul.rols.2023.7.3./yxwh6446.

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This article analyzes the issues of improving the mechanism of providing rule-making with information. The purpose of the research is to develop relevant proposals, recommendations, and conclusions on improving the legislation of the Republic of Uzbekistan and its legal practices. The subject matter of the research is normative legal acts related to rule-making in the Republic of Uzbekistan, legal practice, as well as scientific-theoretical conceptual approaches and legal categories. Methods such as historical, systematic-structural, logical, induction, deduction, comparative-legal, comprehens

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Musts, Jānis. "Defence of Rule-Deductivism." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 2, no. 23 (2022): 183–93. http://dx.doi.org/10.25143/socr.23.2022.2.183-193.

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Many legal theorists subscribe to the claim that the legal syllogism has a role in justification of legal decisions. A challenge to this thesis is put forward in Luis Duarte d’Almeida’s essay “On the Legal Syllogism”. This article aims to examine Luis Duarte d’Almeida’s arguments against rule-deductivism in order to refine the theoretical understanding of the role that the legal syllogism has in the justification of legal decisions. In this article, three main research methods have been used: the descriptive, the deductive, and the analytical method. The examination of Luis Duarte d’Almeida’s

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Khayitov, Sherzod Rakhmatullaevich. "THE SUBJECTS OF LEGAL EXPERIMENT IN THE RULE-MAKING PROCESS AND THEIR LEGAL STATUS." American Journal of Political Science Law and Criminology 5, no. 8 (2023): 96–101. http://dx.doi.org/10.37547/tajpslc/volume05issue08-17.

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This article discusses the approaches of legal scholars on the subject of legal experiment and put forward the idea and the fact that a comprehensive study of the competence, rights and obligations in the sphere of legal experiment do not allow to better understand the essence of legal experiment, its effective implementation in practice, it is noted that it is expedient to be determined separately, taking into account the types of regulatory legal acts.

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Warner, K. A. "Judicial reasoning and precedent: negligently inflicted psychological injuries." Legal Studies 10, no. 1 (1990): 63–79. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00029.x.

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English common law is often understood to provide for the resolution of social disputes predominantly by resort to legal rules. Whilst there may be initially reasons for a rule which do not constitute legal reasons, once the rule becomes promulgated in a statute or is embodied in a judgment of a higher court then the application of the rule in future cases is justified by that very promulgation or embodiment. No further appeal to the social reasons originally behind the rule, what might be referred to as the ‘primary reason’ for a rule, is necessary. According to the theory any subsequent disp

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Tan, Xun. "Citizen Participation and Legal Efficacy: Social Movements and Legal Transformations in Democratic Societies." Journal of Education, Humanities and Social Sciences 28 (April 1, 2024): 169–75. http://dx.doi.org/10.54097/5xrhg298.

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In our contemporary society, concepts like social relations, democracy, and the rule of law are integral to our lives. Yet, the intricate interplay between these elements prompts us to ponder: What is the relationship between social relations, democracy and the rule of law? How do they intersect and influence each other? As the 21st century passes through 23 years, democratic society has also accompanied human society for several hundred years. This prompts us to question: Does democracy still have room to evolve, and is the rule of law robust in today's democratic landscape? Moreover, how can

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De Godoi, Marciano Seabra, and Melody Araújo Pinto Furman. "An Analysis of the Principal Purpose Test Rule and the General Anti-Abuse Rules Contained in the Brazil-Poland Double Taxation Convention Signed in September 2022." Kwartalnik Prawa Podatkowego, no. 4 (December 30, 2023): 59–73. http://dx.doi.org/10.18778/1509-877x.2023.04.03.

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The paper deals with the analysis of the legal aspects of the principal purpose test rule (PPT-Rule) and the general anti-abuse rules contained in the Brazil-Poland Double Tax Convention concluded on 20th September, 2022, in the light of Brazil’s international tax treaty policy and practice. The Authors discuss issues related to the interaction between the PPT-Rule and other treaty specific anti-tax avoidance provisions as well as the objective and subjective elements of the PPT-Rule itself and the possible consequences of its application, especially challenges related to the legal certainty p

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Smorodynskyi, Viktor. "Legal Certainty." Philosophy of law and general theory of law, no. 2 (December 22, 2021): 185–201. http://dx.doi.org/10.21564/2707-7039.2.242858.

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Legal certainty is considered in the paper not only as one of the general principles of law and one of the requirements of the Rule of Law, but also as a fundamental feature and condition of the significance of law and its instrumental value in general. In this regard, the definitions of the Rule of Law conception and the lists of its components proposed by Western philosophers and theorists of law and by the Venice Commission are analyzed. Elements of the principle of legal certainty such as legislation and case law accessibility, legal acts’ predictability, principles of case law unity, legi

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Sodikov, Akmal. ""THE CONCEPT OF PROVIDING RULE-MAKING PROCESS WITH INFORMATION "." TSUL legal report 3, no. 2 (2022): 17–25. http://dx.doi.org/10.51788/tsul.lr.3.2./qhlb1780.

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This article analyzes the concept, essence and charactristics of providing rule-making process with information. Along with encyclopedic materials of the Republic of Uzbekistan, the approaches and opinions of scientists have been discussed. As part of the study, the normative legal acts of the Repubic of Uzbekistan have been analyzed in detail. Author’s definitions for the relevant notions have been developed which means that the writer achieved the purpose of this scientific research. In fact, in addition to legal research, the author developed scientifically proved definitions of several leg

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Franjić, Siniša. "A Few Words about Legal System." Cross-Currents: An International Peer-Reviewed Journal on Humanities & Social Sciences 7, no. 4 (2021): 85–90. http://dx.doi.org/10.36344/ccijhss.2021.v07i04.005.

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Law is the totality of legal rules, principles and institutes which regulate relations in a certain social community. They regulate the relations between people, and the relations of people towards the social community in which they live and to whose rules they submit. The legal system is a set of legal norms that exist in a country, which is also called a positive legal system. The legal system is a systematized complex of all legal rules. The elements of the legal system are: the legal system as a whole, the legal group, the legal branch, the legal rule and the legal institutes.

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Nykolyna, K. V. "Legal procedure of official interpretation of legal texts." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 200–204. http://dx.doi.org/10.33663/2524-017x-2021-12-34.

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The scientific article is devoted to the substantiation of the procedural nature of the official interpretation of legal texts. The author emphasizes that it is on the official interpretation that legally significant decisions are based, which establish the specific rights and obligations of the subjects. However, today there are no systematized methodological recommendations, requirements, officially established legal procedure and principles of interpretive activity, which could determine common standards of official interpretation. The procedure of interpretation consists in the sequence of

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Betancourt Pereira, Erik Javier, and Clara Daniela Romero Romero. "The unnecessary rule of legal law." Revista Metropolitana de Ciencias Aplicadas 3, no. 3 (2020): 32–40. http://dx.doi.org/10.62452/fpyqsn73.

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The unnecessary rule of legal law is about a brief analysis legitimization of power by the state. They can't live on their own and need a politically organized society to survive and fulfill common purposes. The sovereign power of a state is born because the vast majority and of the collective hosts its freedoms and grants a group of people who are going to govern, that is there are rulers and rulers but everyone should have a clear north set by law. Unfortunately, the power of the state forgets these goals and in drawing up its rules does not reflect the experience of the people which is due,

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Niblett, Anthony, Richard A. Posner, and Andrei Shleifer. "The Evolution of a Legal Rule." Journal of Legal Studies 39, no. 2 (2010): 325–58. http://dx.doi.org/10.1086/652908.

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Garvie, Devon A., and Barton L. Lipman. "Regulatory Rule-Making with Legal Challenges." Journal of Environmental Economics and Management 40, no. 2 (2000): 87–110. http://dx.doi.org/10.1006/jeem.1999.1108.

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Tříska, Dušan. "K přínosu právní vědy a ekonomie pro teorii institucí." New Perspectives on Political Economy 19, no. 1-2 (2023): 56–70. http://dx.doi.org/10.62374/jn3kkp66.

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In the past, the author addressed the transfer of knowledge between legal scholarship and economics. In the present article, the author attempts to bring the two disciplines into confrontation with a theory of institutions. Given that the term institution is predominantly associated with that of a social rule, the aim is to elucidate it within the conventional terminology of the legal and the economic professions. As anticipated, the legal professional’s understanding of a legal norm is directly interpreted as a specific type of social rule. It is less evident that the author is seeking to ide

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Van Hoecke, Mark, and François Ost. "Legal doctrine in crisis: towards a European legal science." Legal Studies 18, no. 2 (1998): 197–215. http://dx.doi.org/10.1111/j.1748-121x.1998.tb00013.x.

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Legal doctrine has two aims: describing and systematising the law. The description of currently valid law within a given legal system is the most visible and, from a quantitative point of view, the most important task for legal doctrine. From a qualitative point of view, however, systematisation of the law is by far its most important task. Systematisation is the construction of a conceptual framework of the law, which is a necessary basis for any legal rule and for any legal reasoning. Systematisation presupposes a description of the rules, principles, concepts, etc, which are to be systemati

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Gahér, František, Marek Števček, and Martin Braxatoris. "Instruments and rules of production and interpretation of a concise text (with special regard to normativity)." Journal of Linguistics/Jazykovedný casopis 70, no. 1 (2019): 73–94. http://dx.doi.org/10.2478/jazcas-2019-0041.

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Abstract In the production of concise texts, several instruments are used, of which two can be considered as basic: intratextual referencing (anaphora/cataphora) and the simple or complex ellipsis (ellipsis/syllepsis). However, the use of these instruments affects the unambiguity and intelligibility of the text. Certain rules for and limits to the simplification and shortening of the primary text are needed to secure the possibility of an unambiguous reconstruction of the text by the language user. However, we show that the elimination of homonymy from these texts seems to require considerable

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Pill, Shlomo C. "Leveraging Legal Indeterminacy." Journal of Law, Religion and State 6, no. 2-3 (2018): 147–94. http://dx.doi.org/10.1163/22124810-00602002.

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This article offers one response, rooted in traditional Jewish and Islamic perspectives of what it means to have a rule of law, to the problem of indeterminacy in Western jurisprudence. Some Jewish and Muslim scholars have conceptualized the rule of law not as a system of objective, democratic, prospective, stable, and equally applied substantive norms, but as the commitment of the legal community to be broadly and deeply engaged with studying, interpreting, and applying the materials and methods of their legal tradition as the principal source of normative conduct. This way of thinking about

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Eunro Lee and Kwangbai Park. "Psychological and Legal Issues in Jury Decision Rule(Ⅱ)─ty Rule Versus Majority Rule." Korean Journal Of Criminology 19, no. 1 (2007): 113–51. http://dx.doi.org/10.36999/kjc.2007.19.1.113.

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Filipczyk, Hanna. "Epieikeia or “Better Justice”: Formalism in Tax Law Revisited." Baltic Journal of Law & Politics 15, no. 2 (2022): 129–51. http://dx.doi.org/10.2478/bjlp-2022-0013.

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ABSTRACT For Aristotle, “the essence what is equitable is that it is an amendment of the law, in those points where is fails through the generality of its language”. The application of legal rules produces appropriate (just) results in the majority of cases, but not in all. When its application would lead to injustice, a legal rule can be defeated by equity. The idea of epieikeia (equity) sheds light on the modern discussion about the nature of legal rules, the distinction between rules and principles, and mechanisms of adjudication. This idea is also relevant in the tax law domain. In this ar

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