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Journal articles on the topic 'Methodology of Comparative Law'

Author: Grafiati

Published: 4 June 2021

Last updated: 2 February 2022

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1

Fang, Li. "The Methodology of Comparative Law." Asia Pacific Law Review 3, sup1 (1994): 31–36. http://dx.doi.org/10.1080/18758444.1994.11788003.

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Scarciglia, Roberto. "Reconsidering Comparative Methodology in Administrative Law." Beijing Law Review 10, no. 04 (2019): 1051–65. http://dx.doi.org/10.4236/blr.2019.104056.

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3

Napalkova, Irina G. "Peculiarities of the Comparative Law Research Methodology." History of state and law 2 (February 6, 2019): 53–59. http://dx.doi.org/10.18572/1812-3805-2019-2-53-59.

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Billis, Emmanouil. "On the methodology of comparative criminal law research." Maastricht Journal of European and Comparative Law 24, no. 6 (2017): 864–81. http://dx.doi.org/10.1177/1023263x17745795.

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Comparative legal research aims at identifying modern trends in, and searching for convergences and divergences between more than one legal system. Any meaningful implementation of elements of foreign legal systems at the national level and the smooth realization of the objectives of international and supranational justice presuppose a reciprocal understanding between legal orders that adhere to different traditions in terms of their normative foundations. This study focuses on the methodological questions of basic comparative research in the field of criminal justice. The article first briefl

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Husa, Jaakko. "Methodology of comparative law today : from paradoxes to flexibility ?" Revue internationale de droit comparé 58, no. 4 (2006): 1095–117. http://dx.doi.org/10.3406/ridc.2006.19483.

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6

Weifang, He. "The Methodology of Comparative Study of Legal Cultures." Asia Pacific Law Review 3, sup1 (1994): 37–44. http://dx.doi.org/10.1080/18758444.1994.11788004.

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7

Семилютина, Наталья, and Natalya Semilyutina. "ON COMPARATIVE LAW STUDIES IN THE FIELD OF PRIVATE (CIVIL) LAW." Journal of Foreign Legislation and Comparative Law 1, no. 5 (2015): 0. http://dx.doi.org/10.12737/16122.

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The article analyses the origins of comparative civil law studies in Russia starting from the reforms of tsar Peter I. The author understands comparative civil law as a branch of legal science that makes comparative law studies applying the civil law methodology. The civil law methodology is applied by a researcher who studies legal relationship between the parties which are in equal legal position. The analysis of legal rules of various countries, regulating of alike legal relationship in different countries affords to find the best way to regulate the corresponding relationship. The purposes

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Palmer, Vernon Valentine. "From Lerotholi to Lando: Some Examples of Comparative Law Methodology." American Journal of Comparative Law 53, no. 1 (2005): 261–90. http://dx.doi.org/10.1093/ajcl/53.1.261.

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Halberstam, D. "Desperately seeking Europe: On comparative methodology and the conception of rights." International Journal of Constitutional Law 5, no. 1 (2007): 166–82. http://dx.doi.org/10.1093/icon/mol040.

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Barbisan, Benedetta. "The Otherness in Comparative Constitutional Law." European Journal of Comparative Law and Governance 4, no. 2 (2017): 140–75. http://dx.doi.org/10.1163/22134514-00402002.

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Comparative Constitutional Law (ccl) has known a renaissance in the last decades. Nonetheless, it is still haunted by the apprehension of amounting to an abundant collection of valuable materials illustrating constitutional enterprises without an established and uncontroversial methodology. Should political science come to rescue the legal doctrine when it cannot grasp the variables influencing constitutional dynamics? What intellectual understanding should ccl serve? Does ccl shift from the treatment of specific topics to general themes? In my experience, both methodologies and main stream in

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Augustyniak, Łukasz. "Keeping up Appearances: May the Law of International Responsibility be construed through the ‘Comparative Law’ Methods?" Polish Review of International and European Law 10, no. 1 (2021): 43–74. http://dx.doi.org/10.21697/priel.2021.10.1.02.

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The article analyses the possible employment of comparative law methodology for the codification, progressive development and the interpretation of the law of international responsibility. It argues that ‘comparative law’ methodology should be used during this process as it would enhance the legitimacy and understanding of the work of the International Law Commission. The use of legal English involves the reference to common law ideas whether it is consciously admitted or not by the users of legal rules drafted in that language. This concept is presented by the reference to the way the languag

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Hadfield, Gillian. "THE STRATEGY OF METHODOLOGY: THE VIRTUES OF BEING REDUCTIONIST FOR COMPARATIVE LAW." University of Toronto Law Journal 59, no. 2 (2009): 223–35. http://dx.doi.org/10.3138/utlj.59.2.223.

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13

А., Shevchenko, and Kudin S. "Main directions of improving the methodology of comparative history of law in the context of comparative legal science." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 74–78. http://dx.doi.org/10.33663/2524-017x-2020-11-13.

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The article examines the main directions of improving the methodology of comparative history of law in the context of comparative legal science. It is proved that the comparative historical approach includes a basic comparative historical method, and taking about the principles of interdisciplinary, it can integrate the methodological capabilities of those tools that are used in other areas of scientific knowledge. It is found that the comparative historical method integrates the existing ways, methods and techniques of comparative knowledge of all forms of reflection of historical and legal r

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Coester, Michael, and Basil Markesinis. "Liability of Financial Experts in German and American Law: An Exercise in Comparative Methodology." American Journal of Comparative Law 51, no. 2 (2003): 275. http://dx.doi.org/10.2307/3649150.

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DE VISSER, Maartje, and Andrew HARDING. "Mainstreaming Foreign Law in the Asian Law School Curriculum." Asian Journal of Comparative Law 14, S1 (2019): S149—S172. http://dx.doi.org/10.1017/asjcl.2019.11.

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AbstractExposure to foreign law is immensely valuable as it expands students’ argumentative and analytical terrain. More pragmatically, there has been a discernable shift towards rule-of-law thinking in furthering regional integration and a flurry of Free Trade Agreements (FTAs) involving Asian countries. Law schools ought to capitalize on this reality. The preferred educational strategy to adopt, we argue, entails systematically integrating foreign law across the traditional components that make up undergraduate curricula. Asian law schools should simultaneously offer general comparative cour

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Karakulyan, Emil. "The Methodology of Interdisciplinary Research and the Science of International Law." Legal Concept, no. 4 (December 2019): 146–52. http://dx.doi.org/10.15688/lc.jvolsu.2019.4.20.

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Introduction: interdisciplinarity comes in two forms: as a tool in relation to the subject of research and as a methodology of interdisciplinarity. The question of the need to develop a general theory of interdisciplinarity and the theoretical basis for its application in the science of international law is raised. Methods: historicism, system, analysis and comparative law. Results: an attempt to systematize the interdisciplinary methods and approaches, examples of interdisciplinarity in the development of new systemic and author’s approaches and terms within the framework of international leg

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Harasani, Hamid. "Islamic Law as a Comparable Model in Comparative Legal Research." Global Journal of Comparative Law 3, no. 2 (2014): 186–202. http://dx.doi.org/10.1163/2211906x-00302002.

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Increasingly, Islamic law has become the subject of comparative legal study. Further, in the applied sense, comparative legal studies’ greatest value lies in understanding our own legal systems, as well as benefiting from other legal systems by importing what we lack from them. Unlike secular legal systems, Islamic law, being religious in nature and having eschatological connotations, requires reworking the comparative legal method to take account of that. When it comes to religious laws, hermeneutics play a key role, as a religious legal system will only be receptive to foreign norms if such

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McCrudden, Christopher. "Using Comparative Reasoning in Human Rights Adjudication: The Court of Justice of the European Union and the European Court of Human Rights Compared." Cambridge Yearbook of European Legal Studies 15 (2013): 383–415. http://dx.doi.org/10.1017/s1528887000003104.

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Abstract This chapter examines the relationship between the methods that the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) use to decide disputes that involve ‘human’ or ‘fundamental’ rights claims, and the substantive outcomes that result from the use of these particular methods. It has a limited aim: in attempting to understand the interrelationship between human rights methodology and human rights outcomes, it considers primarily the use of ‘comparative reasoning’ in ‘human’ and ‘fundamental’ rights claims by these courts. It is not primarily c

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Baschiera, Marinella. "Introduction to the Italian Legal System. The Allocation of Normative Powers: Issues In Law Finding." International Journal of Legal Information 34, no. 2 (2006): 279–326. http://dx.doi.org/10.1017/s0731126500001499.

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Ситар, І. М. "МЕТОДОЛОГІЯ ПОРІВНЯЛЬНОГО ПРАВОЗНАВСТВА В КОНТЕКСТІ АКУЛЬТУРАЦІЙНИХ ПРОЦЕСІВ (СТРУКТУРНИЙ І СИСТЕМНИЙ АНАЛІЗ)". Наукові праці Національного університету “Одеська юридична академія” 14 (23 травня 2019): 411–22. http://dx.doi.org/10.32837/npnuola.v14i0.353.

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Розглянуто проблему розуміння методології порівняльного правознавства в контексті акультурацІйних процесів. Зазначено, що для аналізу й ефективного досягнення мети акультураційного процесу варто застосовувати весь методологічний інструментарій порівняльного правознавства, а також здійснити юридизацію загальнофілософської методології в сучасному підході до дослідження акультурації в праві.  The problem of understanding the methodology of comparative law in the context of acculturation processes is considered. It is noted that analysis and effectuation in acculturation processes re

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Jain, Neha. "Comparative International Law at the ICTY: The General Principles Experiment." American Journal of International Law 109, no. 3 (2015): 486–97. http://dx.doi.org/10.5305/amerjintelaw.109.3.0486.

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For a significant period of time, the comparativist and the international lawyer were considered to inhabit different worlds: the former scrutinized similarities and differences between domestic legal systems while the latter focused on the universal realm of international law that overlays these systems. This comfortably segregated image has been conclusively shattered by numerous studies demonstrating the multiple areas of interaction between international and comparative law. of these, one of the ripest areas for further reflection is the “general principles of law” as a source of internati

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Usoltsev, E. Y. "Methodology of Russian Civil Jurisprudence in a Historical Context." Actual Problems of Russian Law 16, no. 6 (2021): 11–20. http://dx.doi.org/10.17803/1994-1471.2021.127.6.011-020.

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Methodology of any science is designed to optimize the cognitive process, for which it has special tools that correspond to the specifics of the object under study. That is why the methods of different sciences, even the closest ones, differ. The methodology of civil law was formed due to the continuous work of many generations of legal scholars who managed not only to find suitable methods and means of comprehending legal reality for their own research, but also to firmly introduce them into scholarly and research life. The paper examines the features of the civil law methodology at different

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23

Doron, Israel, Ariela Lowenstein, and Simon Biggs. "Law and Intergenerational Relationships." Journal of Applied Gerontology 36, no. 3 (2016): 277–95. http://dx.doi.org/10.1177/0733464815581480.

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Background: In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners). Method: A comparative case law methodology was used. The texts of three different Supreme Court cases—in the United States, Canada, and Israel—were analyzed and compared. Findings: Despite the different legal outcomes, all three court rulings re

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Paisey, Catriona, and Nicholas J. Paisey. "Comparative research." Journal of Accounting & Organizational Change 6, no. 2 (2010): 180–99. http://dx.doi.org/10.1108/18325911011048754.

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PurposeAlthough many of the problems currently being faced in accounting education have also been expressed in educational debates within other professions such as medicine, law and architecture, changes in accounting education policy and practice have not been greatly influenced by comparative study of other professions. This paper aims to examine the potentiality of the comparative research method in order to inform the future direction of accounting education.Design/methodology/approachComparative methodology has been defined as “a method of analysis that focuses on several objects of study

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Puchalska-Tych, Bogumila, and Michael Salter. "Comparing legal cultures of Eastern Europe: the need for a dialectical analysis." Legal Studies 16, no. 2 (1996): 157–84. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00001.x.

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Comparative legal studies have been haunted by many unresolved scholarly problems of a methodological and theoretical nature which too often continue to be ignored within the literature. The deficiencies in theory and method of comparative legal studies have rightly been often blamed for marginalisation of this subject in legal education and practice. The aim of the present article is to contribute to this general debate by identifying and then analysing certain deficiencies of approach to the task of comparing western and socialist legal systems and cultures. Our main preoccupation is to addr

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Bonafont, Laura Chaqués, and Anna M. Palau Roqué. "Comparing Law-Making Activities in a Quasi-Federal System of Government." Comparative Political Studies 44, no. 8 (2011): 1089–119. http://dx.doi.org/10.1177/0010414011405171.

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In this article the authors develop a new approach to the study of policy dynamics in a quasi-federal system of government. The goal is to contribute to previous research on comparative federalism by analyzing the variations of issue attention between levels of government and across four regional governments—Andalusia, Catalonia, Galicia, and the Basque Country. To do so the authors follow the policy dynamics approach, developing a comparative and empirical analysis about issue attention across time, territories, and policy subsystems. The analysis relies on an extensive database, created foll

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اللهيبي, صالح أحمد. "The Methodology of UAETrans Civil Actions Law Concerning Tort: An Analytical Comparative Study in Islamic Jurisprudence." مجلة العلوم القانونية 34, no. 1 (2019): 74–106. http://dx.doi.org/10.35246/jols.v34i1.122.

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This paper deals with the position of the UAE Civil Transactions Law No. 5 of 1985 on the harmful act and how it dealt with this subject, and we know that the direct historical source of the civil transactions law is the Jordanian Civil Code. Some texts are quoted literally from this law. The Jordanian civil law is clearly influenced by the jurisprudence of Hanafi and the jurisprudential jurisprudence, while the general orientation of the UAE legislator is to adopt the most appropriate solutions in the jurisprudence with the introduction of the Maliki and Hanbali and Hanafi and Shafei, in the

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Haseeb Ansari, Abdul, and Sri Wartini. "Application of precautionary principle in international trade law and international environmental law." Journal of International Trade Law and Policy 13, no. 1 (2014): 19–43. http://dx.doi.org/10.1108/jitlp-04-2013-0006.

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Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve

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Denysov, Serhiy, and Maksym Puzyrevskyi. "METHODOLOGICAL FUNDAMENTALS OF DOMESTIC CRIMINAL SCIENCE: FORMATION OF COMPARATIVE METHOD DURING THE MIDDLE OF XIX – EARLY XX CENTURY." Law Journal of Donbass 74, no. 1 (2021): 104–13. http://dx.doi.org/10.32366/2523-4269-2021-74-1-104-113.

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The paper raises the question of a current role of methodology domestic criminal law and criminal law research. Methodological problems of criminal law are analyses, in particular the process of formation of the comparative (comparative) method in the works of criminologists of the middle of the XIX – beginning of the XX century. It is emphasizes that the comparative method of cognition contributes to the development of national domestic law, in particular, criminal law, as the above method is potentially the powerful driving force for its transformation. It is the most effective way to establ

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Fangkun, X., and N. Symaniuk. "Sustainable Development in China and Russia: Comparative Legal Research." BRICS Law Journal 8, no. 2 (2021): 152–67. http://dx.doi.org/10.21684/2412-2343-2021-8-2-152-167.

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This article examines the specifics of legal regulation of sustainable development in China and Russia. This topic is exceptionally relevant today since legal regulation of this area should create effective frameworks for the relationship between people and nature. The authors draw attention to the fact that sustainable development is better implemented when it is supported both by international standards and, necessarily, by national laws. The approaches then that China and Russia, both member countries of the BRICS bloc, are taking in implementing sustainable development are of importance, a

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von Bogdandy, Armin. "European Law Beyond ‘Ever Closer Union’ Repositioning the Concept, its Thrust and the ECJ's Comparative Methodology." European Law Journal 22, no. 4 (2016): 519–38. http://dx.doi.org/10.1111/eulj.12198.

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Gramcheva, Lyubomira. "Comparative institutional law and economics: reclaiming economics for socio-legal research." Maastricht Journal of European and Comparative Law 26, no. 3 (2019): 372–93. http://dx.doi.org/10.1177/1023263x19840522.

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Law and economics is a controversial method of legal research, increasingly popular among some legal scholars but disliked by many others. The author discusses some of the objections raised by lawyers (as well as some economists) and argues that most of these are caused by the employment of the wrong economics on the respective side of the conjoined field. She contrasts neoclassical economics, made extremely popular by the Chicago school and Professor Richard Posner in particular, with New Institutional Economics and argues that the latter can overcome the difficulties presented by the former.

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Storm, Ansia. "Integrity…Courage…Honour: A Comparative Study of Law Enforcement Agencies." World Journal of Social Science Research 7, no. 4 (2020): p119. http://dx.doi.org/10.22158/wjssr.v7n4p119.

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Purpose—The purpose of this paper was to compare three first-world countries’ law enforcement agencies to those of South Africa. The aim was to identify areas where South Africa’s agencies can improve to take the fighting of corruption to a higher level, and in doing so, improve their ranking on Transparency International’s scale, and their Corruption Perception Index.Design/methodology/approach—The author compared South Africa’s law enforcement agencies to those of the United States, the United Kingdom, and Australia to identify possible areas where South Africa’s agencies can improve.Finding

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GARASYMIV, Taras Z., Nadiya P. PAVLIV-SAMOYIL, and Andrii I. HODIAK. "Legal Science Methodology through the Lens of Legal Thinking Innovations." Journal of Advanced Research in Law and Economics 11, no. 4 (2020): 1145. http://dx.doi.org/10.14505//jarle.v11.4(50).09.

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The relevance of the subject matter lies in the low efficiency of generally accepted methods of legal research, the lack of modification and transformation from due to obsolescence and inconsistency with modern tendencies in the development of the legal scientific framework and legal thinking of subjects of such activities. This paper is not limited to the classical methods of cognition, it also touches on the topics of basic legal concepts, theories, and well-known approaches in legal science. The main purpose of this paper is to designate the modern methodology of legal science through the l

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Soomro, Nishan-E.-Hyder, and Wang Yuhui. "Competition Law in Pakistan and China: A Comparative Study." Journal of Politics and Law 14, no. 2 (2020): 1. http://dx.doi.org/10.5539/jpl.v14n2p1.

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The present study aims to make comparative analysis of competition law in Pakistan and China by analyzing the leniency programs that whether or not they are in accordance with market structure or not, and investigating the mechanism to evidences while applying leniency policies and its value in competition law. The study adopts qualitative data analysis in order to analyze the respective aims and objective. It is found out by this research that progressive and unconventional are very important to be taken by both countries in order to ingeniously enforce competition law. Although competition l

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Mansoor, Zeeshan. "Contracts Contrary to Public Policy under English and Dutch Law." European Journal of Comparative Law and Governance 1, no. 4 (2014): 297–336. http://dx.doi.org/10.1163/22134514-00104003.

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Both English and Dutch law contain general rules that result in the invalidity of contracts which conflict with morality and/or public policy. Working on the premise that each country has its own unique set of factors shaping public interests, this article highlights methodological aspects of identifying the extent to which convergence and divergence exists in the English and Dutch approaches towards the invalidity of contracts on grounds of public policy and good morals. Contracts that tend to commercialise the human body in a manner that raises questions of compatibility with public policy a

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Gautam, Dilli Raj. "Salient Features of the Constitutions of Nepal and India: A Comparative Observation." KMC Research Journal 3, no. 3 (2019): 53–72. http://dx.doi.org/10.3126/kmcrj.v3i3.35712.

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While comparing the Constitution of Nepal 2015 and the Constitution of India 1950 the paper comparatively analyses the major issues such as citizenship, inclusiveness, fundamental rights and independence of judiciary. Both constitutions are committed to socialism based on democratic norms and values, including people’s competitive multiparty democratic system of governance, civil liberties, fundamental rights, federal republic, secularism, adult franchise, periodic elections, full freedom of the press, and independent, impartial, competent and free judiciary and concept of the rule of law. Thi

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Siregar, Fritz Edwadr. "Indonesia Constitutional Court Constitutional Interpretation Methodology (2003-2008)." Constitutional Review 1, no. 1 (2016): 1. http://dx.doi.org/10.31078/consrev111.

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Nine Indonesian Constitutional Justices have the authority to annul a law drafted by 550 Parliament members and the President. The Constitutional Court of the Republic of Indonesia (“the Court”), particularly in deciding cases of judicial review, has the capability to declare words, sentences, paragraphs, articles or the law unconstitutional. Consequently, it is essential for the Court to take into account legal arguments. The fundamental element of these legal arguments is constitutional interpretation, which serves as a parameter in determining constitutionality of the laws. However, in exer

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Marković, Marko, and Stevan Gostojić. "Open Judicial Data: A Comparative Analysis." Social Science Computer Review 38, no. 3 (2018): 295–314. http://dx.doi.org/10.1177/0894439318770744.

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Open data gained considerable traction in government, nonprofit, and profit organizations in the last several years. Open judicial data increase transparency of the judiciary and are an integral part of open justice. This article identifies relevant judicial data set types, reviews widely used open government data evaluation methodologies, selects a methodology for evaluating judicial data sets, uses the methodology to evaluate openness of judicial data sets in chosen countries, and suggests actions to improve efficiency and effectiveness of open data initiatives. Our findings show that judici

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Gee, David. "A Survey of Major Law Libraries Around the World." International Journal of Legal Information 41, no. 2 (2013): 108–61. http://dx.doi.org/10.1017/s0731126500011768.

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The global development of legal information needs and services has continued to stimulate much professional discussion in recent years. This detailed report, and the comparative assessments and analysis it aims to provide, follow from one of the first global surveys of major law libraries around the world to take account of the present period of challenges and change. The report analyses the results of a comprehensive survey of 124 major law libraries world wide undertaken from April to June 2012 - extending a methodology involving both quantitative and qualitative approaches which has proved

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Ratti Mendaña, Florencia S. "Dimensions of precedent: a methodology to understand the doctrine of precedent." Perspectivas 11, no. 1 (2020): 75–107. http://dx.doi.org/10.19137/perspectivas-2021-v11n1a05.

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This article evidences multiple ways in which judicial precedent is used in different legal systems. It shows that: a) precedent is currently used, one way or another, in every legal system but its use differs in each legal system and frequently it is used differently even between courts of the same legal system; b) a comparative analysis under the methodology hereby proposed would provide useful tools in order to address how to “treat like cases alike”. The main aim of this research is to set the conceptual framework for an adequate understanding and study of the doctrine of precedent. To do

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Zhu, Yuandong, Joshua James, and Pavel Gladyshev. "A comparative methodology for the reconstruction of digital events using windows restore points." Digital Investigation 6, no. 1-2 (2009): 8–15. http://dx.doi.org/10.1016/j.diin.2009.02.004.

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Fabbrini, Federico. "Voting Rights for Non-Citizens: The European Multilevel and the US Federal Constitutional Systems Compared." European Constitutional Law Review 7, no. 3 (2011): 392–423. http://dx.doi.org/10.1017/s157401961130003x.

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Voting rights – Citizens and aliens – European multilevel architecture – US federal system – Comparative methodology – Different regulatory models for non-citizens suffrage at the state level in Europe – Impact of supranational law – Challenges and tensions – Analogous dynamics in the US constitutional experience – Recent European legal and jurisprudential developments in comparative perspective – What future prospects for citizenship and democracy in Europe?

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Tkalych, Maxym, Oksana Safonchyk, and Yuliia Tolmachevska. "Private Law and Human Rights." DIXI 22, no. 2 (2020): 1–12. http://dx.doi.org/10.16925/2357-5891.2020.02.04.

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Point of view: One of the basic concepts that underlies law as a phenomenon, as well as private law as one of the two areas of law, is the concept of natural law. This concept presupposes that rights and freedoms are an inalienable good of every person, regardless of the will of any external institutions. The ideas of natural law have been expressed in the concept of private law (the fundamental principles of private law are such principles as justice, good faith, reasonableness, dispositiveness, legal certainty, inadmissibility of interference in private affairs, inviolability of property rig

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Martini, Ruben. "Numerical Methodology in Comparative Tax Law: the Mathematical Model of Elasticity as a Thinking Model for Legal Comparisons." Cambridge Journal of International and Comparative Law 2, no. 3 (2013): 506–35. http://dx.doi.org/10.7574/cjicl.02.03.111.

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Marchenko, M. N. "On Notion of Methodology and Special Features of Comparative Researches of Soviet and Former Soviet State and Law." RUSSIAN JUSTICE 8 (August 2017): 25–37. http://dx.doi.org/10.17238/issn2072-909x.2017.8.25-37.

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Sabian, Nur Arfah Abdul, Abdul Mutalib Embong, Raja Ahmad Iskandar Raja Yaacob, and Zullina Hussain Shaari. "Conversion of Religion: A Study on the Position of Law, Religion, and Practice in Malaysia and Egypt." GATR Global Journal of Business Social Sciences Review 3, no. 3 (2015): 54–66. http://dx.doi.org/10.35609/gjbssr.2015.3.3(7).

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Objective - This paper is a comparative study between two selected countries in relation to conversion cases in religion or belief. Malaysia and Egypt are in the picture since both are Islamic countries, and frequently being reported to possess low level of religious freedom prior to the intervention of the religious authorities and Shariah court. The first part of the paper will discuss the definition of conversion and apostasy. The second part follows with the position on the right of conversion in the stated countries Methodology/Technique - The paper will use the content analysis methodolo

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Al-Shaibani, Majed. "The Applications of Intention (Qaedat al- Umu:r bi Maqasidaha) in Saudi Law: A Comparative Study." Journal of Politics and Law 13, no. 2 (2020): 1. http://dx.doi.org/10.5539/jpl.v13n2p1.

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The current study aims to tackle the theoretical understanding of intention as between Sharia and law. It addresses the similarities and differences in the analysis of interpretation of intention across sharia law and law. The paper contrasts between the two ways of dealing with the concept of intention that is both technical and intuitive, across law and religion. Starting from the hypothesis that the concept of intention in sharia law originated in classical contextual realities different from the contemporary realities of Saudi Arabia and become outdated, the study attempts to answer the fo

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Sergi, Anna. "Organised crime in English criminal law." Journal of Money Laundering Control 18, no. 2 (2015): 182–201. http://dx.doi.org/10.1108/jmlc-10-2014-0038.

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Purpose – The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and Wales and why this country has refused to amend conspiracy in favour of a membership offence or a criminal enterprise model, similar to the USA’s offences. Design/methodology/approach – The analysis is based on a legal comparison between the law of conspiracy in England and Wales and the USA’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, as example of best practice targeting criminal enter

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Krasnov, A. V., and A. V. Skorobogatov. "Individual Law as the Basis of Legal Behavior of an Individual." Russian Journal of Legal Studies 5, no. 1 (2018): 81–90. http://dx.doi.org/10.17816/rjls18352.

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Object of research - the individual law inf luencing along with positive and social, on law behavior of the individual. The mechanism of forming and action of the individual law is considered.Research methodology. A methodological basis of article is the post-classical scientific rationality which determined the choice of private and scientific methods of a research: comparative, anthropological, system.Novelty of a research and conclusions. The individual law is considered as the independent form of law as the system of the regulations and values created in the process of social and individua

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