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Journal articles on the topic 'Theoretical doctrine'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

V. M., Ternavska. "Doctrinal documents and doctrinal legal acts: theoretical and methodological analysis of content and correlation of concepts." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 245–50. http://dx.doi.org/10.33663/2524-017x-2020-11-42.

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The article is devoted to the study of the essence of legal doctrine and its role in forming the legal policy of the state. Legal doctrine as a system of dominant perceptions of law in society plays a multifunctional role in the legal life of society: transforming qualitatively positive social and professional sense of justice, legal doctrine contributes to the formation of the foundations of law-making and to improving the practice of law-enforcement and law-implementation. In Ukraine legal doctrine is not officially recognized as the source (form) of law. At the same time, modern European in

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2

Olena, Lvova. "Legal doctrine as a matrix of quality law." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 88–97. http://dx.doi.org/10.33663/0869-2491-2020-31-88-97.

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Іntroduction. The article notes the relevance of defining the role of doctrine in the development of the law, given the rapid legislative races on the road to European integration. It is emphasized that the legal doctrines of different States may differ in the strength of their national characteristics, certain objective factors – historical, political, economic, cultural, religious and the like. As an example, it is possible to call existing since ancient times, doctrines of natural rights, popular sovereignty, social contract, the theological doctrine of state and law, rule of law and the li

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Samsonov, Nikolai V. "The doctrine of civil procedure law and its importance for national judicial procedure." Vestnik of Saint Petersburg University. Law 13, no. 2 (2022): 415–32. http://dx.doi.org/10.21638/spbu14.2022.208.

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The article analyses approaches to the understanding legal doctrines that exist in legal science, in order to determine the essence of the civil procedure doctrine, to dissociate it from other related notions and to identify its importance for national judicial procedure. While using this basis, the author gives his definition of “the doctrine of civil procedure law” and gives a classification of legal doctrines. Furthermore, existing cases of the Constitutional Court of the Russian Federation and other courts using civil procedure doctrine in order to motivate their decisions are studied. A c

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Frolova, Elizabeth Alexandrovna. "THE SCIENCE OF THE HISTORY OF POLITICAL AND LEGAL DOCTRINES AS THE FOUNDATION OF JURISPRUDENCE." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 80, no. 2 (2025): 7–15. https://doi.org/10.52026/2788-5291_2025_80_2_7.

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The article reveals the content and significance of the history of political and legal doctrines as a science of fundamental jurisprudence. For the history of political and legal doctrines, the concept of "doctrine" is of decisive importance, which presupposes the presence of a certain structure: logical and theoretical (methodological) basis, content and program. The triad of these parts of the doctrine is interconnected, which allows each creation in the field of political and legal ideology to be assessed from the point of view of logic, factual validity, reliability of conclusions, and als

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Lapshin, V. E., and V. V. Shakhanov. "Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy." Penitentiary science 14, no. 4 (2020): 453–59. http://dx.doi.org/10.46741/2686-9764-2020-14-4-453-459.

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So far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view. Thus we find it necessary to eliminate this gap, since the use of these terms and their synonyms varies greatly in the scientific and educational activities of penal institutions. Understanding the doctrinal grounds is also important for assessing the current situation and prospects for development of the science of penal law. The article analyzes the usage of the terms “penal and legal doctrine”, “criminal-executive doctrine” “doc

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Lapshin, Vitalii E., and Vyacheslav V. Shakhanov. "Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy." Penitentiary science 14, no. 4 (2020): 537–41. http://dx.doi.org/10.46741/2686-9764-2020-14-4-537-541.

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So far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view. Thus we find it necessary to eliminate this gap, since the use of these terms and their synonyms varies greatly in the scientific and educational activities of penal institutions. Understanding the doctrinal grounds is also important for assessing the current situation and prospects for development of the science of penal law. The article analyzes the usage of the terms “penal and legal doctrine”, “criminal-executive doctrine” “doc

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7

Sang, Yoonmo. "Revisiting Copyright Theories: Democratic Culture and the Resale of Digital Goods." Communication Theory 29, no. 3 (2018): 189–208. http://dx.doi.org/10.1093/ct/qty028.

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Abstract This study surveys theoretical justifications for copyright and considers the implications of the notion of cultural democracy in regard to copyright law and policy. In doing so, the study focuses on the first sale doctrine and advocates for the doctrine’s expansion to digital goods based on a discussion of the doctrine’s policy implications and a review of the arguments for and against a digital first sale doctrine. The study argues that democratic copyright theories, in general, and the notion of cultural democracy, in particular, can and should guide copyright reforms in conjunctio

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8

Pcholkin, Valerii. "Modern doctrine of operative and search activities in Ukraine." Visegrad Journal on Human Rights, no. 4 (November 11, 2024): 72–78. http://dx.doi.org/10.61345/1339-7915.2024.4.10.

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The article examines the issue of the formation of the modern doctrine of operational and investigative activity in the plane of Ukrainian law through the prism of the methodology of the general theoretical jurisprudence of Ukraine. The internal structure of the legal doctrine, doctrinal levels in the context of understanding the nature of the doctrine, its connection with practical law enforcement in the field of operational and investigative activities are determined. An analysis of individual doctrinal provisions of the theory of operational and investigative activity, its object and subjec

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9

Nisser, John. "Implementing military doctrine: A theoretical model." Comparative Strategy 40, no. 3 (2021): 305–14. http://dx.doi.org/10.1080/01495933.2021.1912514.

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10

Verenich, Igor Vasilievich. "Implementation of the norms of criminal law in the process of gradual formation of doctrine on overcoming obstruction of investigation of crimes." Юридические исследования, no. 5 (May 2020): 63–69. http://dx.doi.org/10.25136/2409-7136.2020.5.33288.

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The subject of this research is the analysis of implementation of the norms of criminal law in the process of formation of doctrine on overcoming obstruction of investigation of crimes. Literary and theoretical provisions on the matter are reviewed. Emphasis is made on the historical aspects of the formation of stages of forensic doctrine on overcoming obstruction of investigation of crimes as its integral system, assemblage of interrelated ideas of interpretation the development patterns of private forensic theories and doctrines. In the course of research, the author applied the following me

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11

Zöller, Günter. "“Metaphysics about Metaphysics.” Kant on Theoretical, Practical and Practico-Theoretical Metaphysics." Estudos Kantianos [EK] 9, no. 1 (2021): 163. http://dx.doi.org/10.36311/2318-0501.2021.v9n1.p163.

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The essay investigates the relation between metaphysics and practical philosophy in Kant by reconstructing Kant‘s systematic typology of metaphysics as developed in his critical writings. Section 1 deals with Kant’s rigorous reduction of philosophy to metaphysics. The focus here is on the epistemological turn effectuated by Kant with regard to metaphysics (theoretical metaphysics). Section 2 is concerned with Kant’s reconceptualization of (pure) practical philosophy as a metaphysics sui generis. At the center stands here Kant’s supplementation of the metaphysics of nature through a metaphysics

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12

ZHDANOV, SERGEY. "THE CONCEPT OF CRIMINALISTIC DOCTRINE ON THE IMPLEMENTATION OF SPECIAL KNOWLEDGE OUTSIDE THE FORENSIC EXPERTISE." Sociopolitical Sciences 11, no. 4 (2021): 128–36. http://dx.doi.org/10.33693/2223-0092-2021-11-4-128-136.

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The article is devoted to the formation of a system of theoretical provisions that form the concept of forensic doctrine on the implementation of special knowledge outside forensic expertise (hereinafter - the Doctrine). With regard to the proposed Doctrine, the article reveals its following elements: the objective existence of the object of knowledge in the form of social relations arising from the implementation of special knowledge outside the forensic examination, and the identification of a set of elements that form the subject of knowledge; principles of the Doctrine; scientifically grou

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13

Novikov, Petr D. "THE DOCTRINAL FACTOR OF LEGAL COMMUNICATION." IKBFU's Vestnik. Series: Humanities and Social Sciences, no. 1 (2025): 15–23. https://doi.org/10.5922/vestnikhum-2025-1-2.

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It is a matter of scholarly consensus that legal doctrine has significantly influenced the development of law — at least within the Romano-Germanic (continental) legal tradition. However, the mechanisms through which doctrine exerts its law-shaping influence remain insufficiently explored in Russian legal scholarship. One may also note conceptual gaps and inconsistencies in the terminology employed in studies on this subject. This article attempts to describe the functioning of doctrine in the formation of law through the concept of the “doctrinal factor of legal communication” — a notion that

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14

Korneichuk, B. "Theoretical and ideological Principlesof the “New Industrialization” Doctrine." Voprosy Ekonomiki, no. 3 (March 20, 2014): 141–49. http://dx.doi.org/10.32609/0042-8736-2014-3-141-149.

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The Russian doctrine of “new industrialization” that emerged during the global economic crisis is considered. The author concludes that the doctrine is based on orthodox Marxism and suggests revolutionary reforms similar to those carried out by Stalin.

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15

Panfilov, A. "LEGAL DOCTRINE AS A SOURCE OF LAW FOR CONSTITUTIONAL LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 63–65. http://dx.doi.org/10.17721/1728-2195/2021/2.117-12.

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Any branch of law, private or public, has a system of sources of law, which is somewhat standard. This system became "set in stone" for many law systems around the world, starting with Constituion, legal acts of goverment and ending with brief overview of legal traditions in some branches of law. However, this system completely forgets about legal doctrine. But after legislation took over, legal doctrine lost meaning which it had before and was cast aside into shadow of legislation and basic system of sources of law. Furthermore, legal doctrine was an instrument which provided unity for any la

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16

Shapar, Artem, та Yuriy Yelaiev. "JUDICIAL DOCTRINE AS A SOURCE OF CRIMINAL PROCEDURE LAW OF UKRAINE: GENERAL GNOSEOLOGICAL (EPISTEMIOLOGICAL) RESEARCH (PART ТWO)". Ukrainian polyceistics: theory, legislation, practice 2, № 2 (2021): 49–57. http://dx.doi.org/10.32366/2709-9261-2021-2-2-49-57.

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In this scientific article, the continuation of the gnoseological (epistemological) research of legal doctrine as a source of criminal proceedings is carried out. In this scientific work, theoretical perception of scientific concepts of Ukrainian and foreign legal scholars in the field of legal doctrine as a source of law (in general), taking into account the legal significance of legal doctrine as a source of criminal procedural law (in particular) is carried out. In this scientific work, the attention is paid to the research of the fundamental and systemic relationship of legal doctrine with

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17

Семеніхін, Ігор Вікторович. "Theoretical aspects of understanding of legal doctrine." Problems of Legality, no. 145 (June 3, 2019): 36–50. http://dx.doi.org/10.21564/2414-990x.145.165807.

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18

Buhaiets, A. S. "THEORETICAL AND DOCTRINE APPROACHES REGARDING FRAUDULENT OFFENSES." State and Regions. Series: Law, no. 3 (2023): 27–31. http://dx.doi.org/10.32782/1813-338x-2023.3.4.

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19

Zavoronkova, N. G., and Yu G. Shpakovskii. "The doctrine of environmental law: theoretical and methodological problems." Courier of Kutafin Moscow State Law University (MSAL)), no. 5 (July 30, 2022): 26–45. http://dx.doi.org/10.17803/2311-5998.2022.93.5.026-045.

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The problem of studying the goals, objectives and legal mechanisms for the implementation of the Environmental Doctrine of the Russian Federation and the development of the doctrine of environmental law in the absence of a clear systematization and interconnection of a set of strategic planning documents is very relevant.The article summarizes and analyzes the main provisions of the Environmental Doctrine of Russia. The authors show that economic globalization significantly changes the nature of environmental management. Many environmental phenomena and related social relations are of a nation

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20

Abdullin, Adel, and Ainur Gilmullin. "The Doctrine’s Role in the Field of Legal Regulation of Public Relations: Problems and Prospects." Journal of Politics and Law 12, no. 5 (2019): 42. http://dx.doi.org/10.5539/jpl.v12n5p42.

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The paper contains a comprehensive analysis of the legal doctrine&rsquo;s role in the field of legal regulation of public relations arising in modern public law practice. The theoretical and legal features of the legal doctrine are revealed. In particular, conclusions are drawn confirming the arguments that the legal doctrine allows building clear guidelines for the practice of lawmaking, enforcement of the right, and especially law enforcement and that the doctrine acts as a scientifically based criterion for the legitimacy, rationality, and effectiveness of states. Special attention is p

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21

Chanyshev, Rustem Narimovich, and Olga Robertovna Fayzullina. "The formation of post-war us foreign policy." Laplage em Revista 6, Extra-A (2020): 123–28. http://dx.doi.org/10.24115/s2446-622020206extra-a569p.123-128.

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George Frost Kennan (1904-2005) is a famous American diplomat and historian, the author of the “Long telegram” and the doctrine of “containment”. He is an active participant in the formulation of the Truman Doctrine and the development of the Marshall Plan. He was one of the originators of political “realism”, a dominant school of thought in international relations theory. George Kennan is one of the key figures in the history of the Cold War and Soviet-American geopolitical rivalry. The conceptual, theoretically justified “containment” offered by Kennan has become a US postwar foreign policy

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22

Minnikes, Ilia. "Doctrinal Interpretation: Theoretical Legal and Constitutional Legal Aspects." Academic Law Journal 24, no. 3 (2023): 293–99. http://dx.doi.org/10.17150/1819-0928.2023.24(3).293-299.

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The purpose of the work is to study the legal nature of doctrinal interpretation, its content and meaning as an independent type of interpretation of law. It is noted that the term «doctrinal interpretation» was given different meanings at different stages of the development of Russian legal science. In the XIX — early XX century, doctrinal interpretation was understood as an interpretive activity performed by persons applying the law. In Soviet legal science, it was mainly understood as a scientific interpretation coming from researchers and specialized scientific institutions. The article an

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23

Gavrilyuk, Svetlana. "General theoretical basis of legal error research (methodology issues)." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 575–83. http://dx.doi.org/10.33663/1563-3349-2022-33-575-583.

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In this article the author highlighted the successful results of theoretical analysis of scientifi c research on the investigation of legal error, analyzed the nature of such a legal phenomenon, identifi ed the main species and aspects to overcome legal errors. The study revealed the main trends in the concept of legal error, which are embodied in specifi c results, especially the unpredictable consequence of a person’s assessment of certain circumstances (including his actions), which he considered exclusively legitimate, however, which did not turn out to be the case. Our research has shown

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24

Батеева, Питерская, and Aleksandra Piterskaya. "PROBLEMS OF THEORETICAL JUSTIFICATION OF THE DOCTRINE OF LEGAL STATE." Central Russian Journal of Social Sciences 10, no. 6 (2015): 175–84. http://dx.doi.org/10.12737/16809.

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The article discusses specific approaches of legal doctrine of legal state, with focuses on the place and role of doctrine in the modern conditions of functioning of the state and legal spheres. The authors analyze the problems of legal state, identify their features based on the concepts of law, in particular natural law and theory of social contract. Based on the theoretical foundation the authors of &#34;classic&#34; principles of legal state conclude of inconsistency, which in its turn leads to the lack of implementation of principles into practice fully. So, the doctrine of legal

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25

Markus, Jaakko. "Abuse of EU Law Revisited: An Analytical Perspective." European Public Law 28, Issue 3 (2022): 351–72. http://dx.doi.org/10.54648/euro2022017.

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The article explores the prohibition of abuse of EU law, a specific doctrine developed by the Court of Justice of the European Union (ECJ). As an exceptional tool, it empowers authorities to deny benefits formally gained by private parties. The doctrine has grown increasingly wide and potent, as illustrated by the recent preliminary rulings in Cussens, Altun and Danish beneficial ownership cases. Simultaneously, it has become more difficult to comprehend. The article tries to explain and systematize the current state of the doctrine, employing analytical legal positivism as a theoretical bedro

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26

Charry, Ellen T. "The Moral Function of Doctrine." Theology Today 49, no. 1 (1992): 31–45. http://dx.doi.org/10.1177/004057369204900104.

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“[The] divorce of theoretical from practical concerns in doctrinal exegesis has been maintained at a high price: Intellectual concerns have obscured the moral shaping function of Christian beliefs. Yet, a careful examination of many dogmatic treatises reveals concern for the moral effects of doctrine alongside coherence and intelligibility. Where the two are found together, ignoring the moral and pastoral questions in favor of those of coherence and intelligibility distorts the author's intention and robs the church of one of its central tasks: the formation of character.”

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27

Samovich, Yuliya Vladimirovna, and Ekaterina Yur'evna Marukhno. "Formation and development of doctrines on the correlation of international and national law." Международное право и международные организации / International Law and International Organizations, no. 3 (March 2022): 25–34. http://dx.doi.org/10.7256/2454-0633.2022.3.28070.

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The authors of the article present a comprehensive study of doctrinal approaches concerning the problem of the correlation of international and domestic law, based on multilevel, non-linearity of legal norms. The object of the article is the traditional doctrines of dualism (pluralism) and monism, an assessment of the circumstances of their emergence, the essence of approaches and subsequent transformation under the influence of globalization and integration processes. The authors analyze the theoretical foundations of the methods and conditions for integrating the norms of international law i

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28

Molchanov, Alexander, and Elena Babaytseva. "On the Implementation of the Freedom-Of-Contract Doctrine in the Insurance Obligation." Legal Concept, no. 3 (October 2022): 81–86. http://dx.doi.org/10.15688/lc.jvolsu.2022.3.11.

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Introduction: the paper considers the problems of law enforcement of one of the fundamental civil doctrines – the freedom of contract in the insurance obligation. Modern scientific views on this doctrine as a whole are investigated, as well as the latest judicial practice, which quite often uses the doctrine in question in its conclusions on insurance disputes and refers to the dispositivity of civil norms when formulating certain conditions of an insurance contract. It is stated that insurers often conceal information important to the insurance carrier when concluding an insurance contract, w

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29

Virgo, Graham. "Criminal Law: Theory and Doctrine. By A.P. Simester and G.R. Sullivan. [Oxford: Hart Publishing. 2000 lxix, 651, (Bibliography) 19 and (Index) 23. Paperback. £22.50 net. ISBN 1 901362–60–4.]." Cambridge Law Journal 61, no. 3 (2002): 715–38. http://dx.doi.org/10.1017/s0008197302231785.

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Criminal law textbooks have traditionally focussed on the exposition of criminal law doctrine, but with the growing emphasis in the academic literature on criminal law theory, there has been a need for a textbook which explicitly bridges the divide between doctrinal and theoretical approaches. Simester and Sullivan’s new book succeeds admirably in satisfying that need.

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Lvоvа, O. "Legal doctrine: axiological dimension." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 174–85. http://dx.doi.org/10.33663/1563-3349-2022-33-174-185.

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Introduction. The question of the nature of scientifi c doctrine and its signifi cance in the legal fi eld needs to be reconsidered in view of the standards that have become fundamental to the development of democracies and the idea of human rights and freedoms. Legal scholars must critically rethink the work of the previous period, suggest new approaches to solving current problems and ways to solve them. Such a rethinking at the scientifi c level should be transformed into a specifi c legal doctrine that will fi ll the legal norm with new values. The purpose of the article. Аnalysis of the a

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31

MARTENS, ELMER A. "Moving from Scripture to Doctrine." Bulletin for Biblical Research 15, no. 1 (2005): 77–103. http://dx.doi.org/10.2307/26422752.

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Abstract The topic invites inquiry. How do we of the church, once the Bible has been exegeted, proceed to formulate doctrine? To answer that question I propose first to do a brief historical sweep, from which I will draw several pertinent observations. A theoretical discussion will follow that explores the thesis of the paper, namely, that we move from Scripture to doctrine via biblical theology. Lest we get lost in the cyberspace of the theoretical, I include two case studies, one dealing with atonement and a second with divorce. Finally, the preacher within me says we must end with a challen

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MARTENS, ELMER A. "Moving from Scripture to Doctrine." Bulletin for Biblical Research 15, no. 1 (2005): 77–103. http://dx.doi.org/10.2307/bullbiblrese.15.1.0077.

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Abstract The topic invites inquiry. How do we of the church, once the Bible has been exegeted, proceed to formulate doctrine? To answer that question I propose first to do a brief historical sweep, from which I will draw several pertinent observations. A theoretical discussion will follow that explores the thesis of the paper, namely, that we move from Scripture to doctrine via biblical theology. Lest we get lost in the cyberspace of the theoretical, I include two case studies, one dealing with atonement and a second with divorce. Finally, the preacher within me says we must end with a challen

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33

Antonov, Mikhail. "Theoretical Issues of Sovereignty in Russia and Russian Law." Review of Central and East European Law 37, no. 1 (2012): 95–113. http://dx.doi.org/10.1163/092598812x13274154886548.

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AbstractThis article examines the background and the framework of discussions about the concept of sovereignty and its limits. It begins with a short historical analysis of the processes which took place in Soviet Russia leading to the 'parade of sovereignties' in the early 1990s. Afterwards, the author sketches the different approaches and doctrines upheld by the Russian Constitutional Court in several landmark decisions concerning sovereignty problems. The article focuses on the vertical dimension of sovereignty, i.e., on different conceptions adopted by federal and regional powers in post-S

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MERLUȘCĂ, Ana-Maria, and Cristian-Octavian STANCIU. "Theoretical-Practical Incongruences of Logistic Support in the Fight for the Conquest of Kyiv." Romanian Military Thinking 2024, no. 4 (2024): 72–85. https://doi.org/10.55535/rmt.2024.4.04.

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In the initial stage of the invasion of Ukraine, logistic support for Russian forces faced major difficulties. Although the Russian Armed Forces’ logistic doctrine outlines a robust capacity to support forces, in practice, poor execution of logistic support led to operational failures. In this article, we will highlight the aspects that contributed to Russia’s inability to logistically support its own forces in the fight for the conquest of Kyiv. Thus, we will examine theoretical elements regarding the conception and organization of material-technical support structures and will detail practic

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Repyev, Artem. "Category «privilege»: doctrine, legislation, practice." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (2020): 53–60. http://dx.doi.org/10.35750/2071-8284-2020-1-53-60.

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Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal statu

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Polloni, Nicola. "Gundissalinus on the Angelic Creation of the Human Soul." Oriens 47, no. 3-4 (2019): 313–47. http://dx.doi.org/10.1163/18778372-04800200.

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Abstract With his original reflection—deeply influenced by many important Arabic thinkers—Gundissalinus wanted to renovate the Latin debate concerning crucial aspects of the philosophical tradition. Among the innovative doctrines he elaborated, one appears to be particularly problematic, for it touches a very delicate point of Christian theology: the divine creation of the human soul, and thus, the most intimate bond connecting the human being and his Creator. Notwithstanding the relevance of this point, Gundissalinus ascribed the creation of the human soul to the angels rather than God. He al

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Nikolić Maksimović, Zoranа. "CRITIQUE OF RAWL’S DOCTRINE." Strani pravni život 60, no. 2 (2016): 243–59. https://doi.org/10.56461/spz16216n.

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The doctrine of John Rawls has aroused the attention of the scientific public for more than forty years. A Theory of Justice brought out a special way of looking at the structure of the liberal-democratic societies. It offers not only new knowledge but also the methods and techniques to reach them. As with any successful theory, this one too was met with acclaim but criticism as well . What unites both approaches to Rawls’s learning is a rational foundation of theoretical positions regardless of the epistemological outcomes. Communitarians like Sandel and Volzer were the sharpest critics of th

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Orlov, K. A. "Place and role of legal doctrine in the system of forms (sources) of law: general-theoretical aspect." Juridical Journal of Samara University 7, no. 1 (2021): 10–17. http://dx.doi.org/10.18287/2542-047x-2021-7-1-10-17.

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The article deals with the problem of legal nature of the legal doctrine as a source (form) of law. The article substantiates the idea that the legal doctrine has a twofold meaning, since it has an independent meaning in the system of forms of law of various legal systems, as well as is fully a source of law that forms the foundation, methodological basis for the creation, interpretation and application of legal norms in other legal systems, in particular the Russian state. The author draws attention to the characteristic features inherent in the legal doctrine, analyzes its role in various le

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Schennikova, Larisa. "THEORETICAL APPROACHES TO FORMATION OF PRESUMPTION OF INNOCENCE DOCTRINE." Kazan University Law Review 3, no. 3 (2018): 16–30. http://dx.doi.org/10.30729/2541-8823-2018-3-3-16-30.

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40

Bole, T. J. "The Theoretical Tenability of the Doctrine of Double Effect." Journal of Medicine and Philosophy 16, no. 5 (1991): 467–73. http://dx.doi.org/10.1093/jmp/16.5.467.

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Chala, Veronika, and Stanislav Yakub. "THEORETICAL FRAMEWORK OF THE GREEN REGIONAL ECONOMY DOCTRINE FORMATION." Economic scope, no. 192 (September 21, 2024): 125–33. http://dx.doi.org/10.30838/ep.192.125-133.

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This article explores the theoretical underpinnings of the green regional economy, a crucial concept within the broader framework of sustainable development, particularly in light of increasing global environmental challenges. The authors delve into the evolution of economic thought regarding the integration of environmental and economic objectives, highlighting the importance of balancing ecological sustainability with regional economic growth. The study identifies key factors and principles that underpin the green economy at the regional level, such as the efficient use of natural resources,

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Kornev, A. V. "On Some Issues of Source Assessment in the History of Political and Legal Doctrines: Competition of Different Approaches." Lex Russica, no. 6 (July 5, 2021): 154–62. http://dx.doi.org/10.17803/1729-5920.2021.175.6.154-162.

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The paper is devoted to a little-studied problem, namely, source assessment in the history of political and legal doctrines from the perspective of the competition of different approaches. In this paper, sources refer to various forms of theoretical knowledge: views, doctrines, theories, concepts, ideas, schools, trends and approaches. In other words, we consider the types of sources in which thinkers of different eras and trends try to reflect the essence of state legal phenomena, primarily, the state and law, and other closely related institutions, such as power, property, democracy, the rul

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Rustamov, Ayder. "Social doctrine of Islam." Ukrainian Religious Studies, no. 31-32 (November 9, 2004): 69–85. http://dx.doi.org/10.32420/2004.31-32.1537.

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The main factors determining the dynamics of the social development of a country, in addition to economic and political, include spiritual components: religion, culture and national traditions. Among the many theoretical developments, a special place is occupied by the social doctrines of world religions: Christianity, Judaism, Islam, Buddhism. According to such authoritative scholars as Sergiy Bulgakov, Max Weber and Ivan Ilyin, it is religious foundations that are the sources of social development of various types of civilizations, and, in the figurative expression of Karl Jaspers, their axi

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Bihunets, R. R. "Genesis of theoretical ideas about legal facts in the doctrine of civil law." Uzhhorod National University Herald. Series: Law 1, no. 87 (2025): 179–83. https://doi.org/10.24144/2307-3322.2025.87.1.25.

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The scientific article substantiates that legal facts have long been the focus of scientific research by both Ukrainian and foreign scholars, in particular European ones. Changes in doctrinal approaches to the concept and features of legal facts have been identified, starting with Roman law, in the works of German, Italian and French researchers, as well as English and American scholars. It has been found that the greatest contribution to the development of the doctrine of civil law in terms of legal facts was made by Italian and German scholars. American and English scholars do not pay much a

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СЛОБОДЯНЮК, Дмитро Іванович. "ВІТЧИЗНЯНА ТРАДИЦІЯ ДОСЛІДЖЕНЬ ДУХОВНОГО ЖИТТЯ ЛЮДИНИ ЯК ОДНЕ ІЗ ІДЕЙНО-ТЕОРЕТИЧНИХ ДЖЕРЕЛ ФІЛОСОФСЬКО-АНТРОПОЛОГІЧНОГО ВЧЕННЯ ПАМФІЛА ЮРКЕВИЧА". Філософські обрі, № 33 (15 липня 2015): 29–39. https://doi.org/10.5281/zenodo.20371.

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The article is attempt to prove the statement about domestic tradition of inward human being’s life’s investigating (during its existent-period of XI th – the 40 ies of XIXth c.) as one of the conceptual and theoretical sources of Pamphile Yurkevych’s philosophical-anthropological doctrine. The back-bone of the tradition, its cardinal principles and essential phases of becoming and progress from XIth to the 40 ies of XIXth cc. were substantiated thoroughly. The conceptual connection of Pamphile Yurkevych’s philosophical-anthropological doctrine and theoretical her

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SáCouto, Susana, Leila Nadya Sadat, and Patricia Viseur Sellers. "Collective criminality and sexual violence: Fixing a failed approach." Leiden Journal of International Law 33, no. 1 (2019): 207–41. http://dx.doi.org/10.1017/s092215651900061x.

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AbstractInternational criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, ma

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Tatarinov, Matvey K. "THE TERRITORIAL JURISDICTION PRINCIPLE IN THEORETICAL AND COMPARATIVE LAW ASPECTS." Public international and private international law 1 (January 21, 2021): 8–11. http://dx.doi.org/10.18572/1812-3910-2021-1-8-11.

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The article considers the concept and scope of the territorial principle of establishing criminal jurisdiction in the form in which it is reflected in the doctrine, documents of the International Law Commission and legislation of Russia and foreign countries. It has been demonstrated that the territorial principle is understood more broadly to cover situations where the crime hasn’t been committed on the territory of one state only. This leads to the development of concepts that are mixed with extraterritorial principles (the doctrine of “effect”). In this regard, various approaches to the con

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Vint, John. "John Stuart Mill’s Wages Fund Recantation: A Lakatosian Analysis." Journal of Interdisciplinary Economics 6, no. 4 (1995): 233–54. http://dx.doi.org/10.1177/02601079x9500600401.

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There has been a number of attempts to interpret John Stuart Mill’s recantation from the Wages Fund doctrine in 1869. This article attempts to analyze the recantation using a framework which takes account of the development and decline of the wages fund doctrine as a whole. The framework is based on the work of Imre Lakatos and the article aims to rationally reconstruct the history of Mill’s recantation. It is argued that while external events were responsible for focusing attention on trades union matters in the 1860s Mill’s recantation and the aftermath can be accounted for in terms of theor

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Jonaidi, Dona Pratama, and Andri G. Wibisana. "LANDASAN DOKTRINER HAK GUGAT PEMERINTAH TERHADAP KERUGIAN LINGKUNGAN HIDUP DI INDONESIA." Jurnal Bina Mulia Hukum 5, no. 1 (2020): 156–75. http://dx.doi.org/10.23920/jbmh.v5i1.9.

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ABSTRAKMeskipun hak gugat pemerintah atas kerusakan dan/atau pencemaran lingkungan hidup telah menjadi hal yang lazim dewasa ini, namun di Indonesia landasan doktriner gugatan pemerintah tersebut masih jarang diperbincangkan. Dengan menggunakan metode penelitian hukum doktrinal, penelitian ini dimaksudkan untuk menganalisis landasan teoretis hak gugat pemerintah. Berdasarkan kajian analisis atas peraturan dan putusan pengadilan yang berlaku, serta melakukan perbandingan dengan doktrin-doktrin yang berlaku dalam tradisi common law, tulisan ini menemukan bahwa gugatan pemerintah telah diajukan d

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du Bois-Pedain, Antje. "NOVUS ACTUS AND BEYOND: ATTRIBUTING CAUSAL RESPONSIBILITY IN THE CRIMINAL COURTS." Cambridge Law Journal 80, S1 (2021): S61—S90. http://dx.doi.org/10.1017/s0008197321000593.

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AbstractGlanville Williams's influential 1989 article on causation, “Finis for Novus Actus?”, addressed two pertinent questions: (1) when, and on what grounds, may a person be judged to bear causal responsibility for harms most immediately brought about by the subsequent action of another person (the locus classicus of the novus actus interveniens doctrine), and (2) how should questions of causation be resolved in cases where the potential cause in question constitutes an omission? This article revisits these questions through an engagement with some of the major causation cases decided in the

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