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Journal articles on the topic 'Unwritten doctrines'

Author: Grafiati

Published: 7 June 2025

Last updated: 2 August 2025

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1

Deretić, Irina. "Historical-philosophical debates on Plato’s “unwritten doctrines”: Current positions." Philosophy of the History of Philosophy 3 (2023): 129–46. http://dx.doi.org/10.21638/spbu34.2022.109.

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Ever since a new way of reading Plato based on “unwritten doctrines” was articulated, it became a matter of dispute. However, the testimonies of its existence are undeniable. This expression was used by Aristotle in his Physics and its description can be found both in Aristotle and other in the classical thinkers. There are three key points crucial for Plato’s “unwritten doctrines” i. e. his oral lectures held at the Academy. These are: the doctrine about the Principles i. e. the One and the Indeterminate Dyad (hen and aoristos duas), the thesis about the geometrical construction of the world

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Szlezák, Thomas Alexander, and Tanya Staehler. "Plato’s unwritten doctrines: a discussion." Journal of Ancient Philosophy 8, no. 2 (2014): 160. http://dx.doi.org/10.11606/issn.1981-9471.v8i2p160-166.

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The Editor has received a letter from prof. Thomas Szlezák in connection to prof. Tanja Staehler’s paper Theuth versus Thamus: the esoteric Plato revisited, published in this Journal vol. 7 1 2013. We reproduce here both his letter and her response to it.

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Eleftheriadis, Pavlos. "Two Doctrines of the Unwritten Constitution." European Constitutional Law Review 13, no. 3 (2017): 525–50. http://dx.doi.org/10.1017/s1574019617000190.

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United Kingdom Supreme Court – Brexit – European Communities Act 1972 – British unwritten Constitution – Theories of the unwritten Constitution – Royal prerogative – Constitutional instruments – Higher law – Process of withdrawal from the European Union – Rule of recognition – H.L.A. Hart – A.V. Dicey – John Finnis – ‘Rule of recognition’ – Theory of sovereignty – Common law Constitution – John Laws

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De Campos, Rogério G. "Unwritten Doctrine of Pythagoras in Hermias of Alexandria." Peitho. Examina Antiqua 13, no. 1 (2022): 185–98. http://dx.doi.org/10.14746/pea.2022.1.9.

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In Hermias’ commentary on Phaedrus (In Platonis Phaedrum Scholia), it is possible to identify several direct references to the philosophers and pre-Socratic doctrines, including Pythagoras. We point out to three references to Pythagoras in Hermias: (1) Pythagoras is characterized as an unwritten philosopher, (2) there is a special connection with the divinities and Muses, and (3) there is a special connection with the Phaedrus dialogue, revealed by the affinity between Pythagoras and Socrates. We show how the explicit references to Pythagoras in Hermias constitute a certain method of interpret

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Perek, Marek. "The Good Is Equated to the Unity. Ontological Foundations of Mathematization of the Reality in Plato’s Unwritten Doctrines in Reference to Modern Applications of Mathematics in Science." Prace Naukowe Akademii im. Jana Długosza w Częstochowie. Filozofia 15 (2018): 11–44. http://dx.doi.org/10.16926/fil.2018.15.01.

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The Tübingen School spread a new interpretation of Platonism, according to which the most valuable part of the Academy’s legacy are the so-called unwritten doctrines. These doc-trines contain ontological theory of first rules of the Unity and the Dyad. The article discusses mathematical fundamentals of the doctrines in the context of modern applications of mathematical structures in the description of reality.

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Zaynutdinov, Dinar R. "Constitutional doctrine of “white” Russia: written and unwritten constitution." Current Issues of the State and Law, no. 20 (2021): 627–44. http://dx.doi.org/10.20310/2587-9340-2021-5-20-627-644.

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The development of constitutionalism in the anti-Bolshevik state formations during the Civil Period in Russia (1918–1920) is one of the most poorly studied historical and legal issues. In this regard, the purpose of this work is determined to investigate the influence of constitutional doctrines and teachings on the constitutional development of “white” Russia. The main at-tention is paid to the study of anti-Bolshevik legislator positions regarding the question of what the constitution of the future Russia should be – written or unwritten. We analyze the state legal views and scientific works

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GILL, CHRISTOPHER. "PLATONIC DIALECTIC AND THE TRUTH-STATUS OF THE UNWRITTEN DOCTRINES." Méthexis 6, no. 1 (1993): 55–72. http://dx.doi.org/10.1163/24680974-90000144.

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8

Waterfield, R. A. H. "Aristotle, Metaphysics 1019a4." Journal of Hellenic Studies 107 (November 1987): 195. http://dx.doi.org/10.2307/630090.

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The broad context is a discussion of priority and posteriority, which runs from 1018b9–1019a14 (compare Categories 14a26–b24). A type of priority is described at 1019a2–4, and then further discussed at 1019a4–14. It is described as follows: ‘All those things are said to be prior in respect of nature and being, which can exist without other things, while those other things cannot exist without them.’ My concern in this note is with the parenthesis which immediately follows: ‘This is a distinction which Plato employed.’All the commentators despair of locating this reference to Plato. Some, like

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9

Franke, William. "Plato's Apophatic Legacy and the Unwritten Doctrines (I): Negative Theologies and Poetics." Archiwum Historii Filozofii i Myśli Społecznej, no. 69 (December 31, 2024): 33–54. https://doi.org/10.37240/ahfims.2023.69.2.

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Franke, William. "Plato's Apophatic Legacy and the Unwritten Doctrines (I): Negative Theologies and Poetics." Archiwum Historii Filozofii i Myśli Społecznej, no. 69 (December 31, 2024): 33–54. https://doi.org/10.37240/ahfims.2024.69.2.

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Brann, Eva. "Are the Platonic Doctrines Unwritten because they Couldn't or because they Shouldn't Be Published?" Comparative and Continental Philosophy 1, no. 2 (2009): 171–79. http://dx.doi.org/10.1558/ccp.v1i2.171.

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12

Szymanski, Charles F. "The Idea of the “General Clause” in American Labor Law." Białostockie Studia Prawnicze 26, no. 2 (2021): 11–49. http://dx.doi.org/10.15290/bsp.2021.26.02.01.

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Abstract European legal systems have long encompassed the concept of the “general clause”, particularly in contract and labor law. The general clause includes unwritten legal norms such as good faith and public morality, and these principles are duly incorporated in the process of construing civil and labor contracts. While the general clause itself is formally absent in common law systems, its principles have found their way into modern British and American law. Two primary examples include the doctrines of good faith and unconscionability. In a broader sense, the idea of introducing rather i

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Motta, Anna. "Plato and ‘the Birdhunters’: The Controversial Legacy of an Elusive Swan." Peitho. Examina Antiqua, no. 1(6) (February 9, 2016): 93–112. http://dx.doi.org/10.14746/pea.2015.1.6.

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The aim of this paper is to discuss some features of the doctrines of the agrapha dogmata in Neoplatonism, starting from the reading of an anecdote, presented in the Anonymous Prolegomena to Platonic Philosophy, in which Plato dreams that close to death he becomes a swan which hunters are unable to catch. In fact, the dream is an explanation of the development of the Platonic tradition, and, more precisely, it presents a story of several exegetical disagreements that have survived till the present day. Compared to modern interpretation of the Aristotelic testimony on the “so-called unwritten d

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Lopes, Rodolfo, and Gabriele Cornelli. "The so-called “unwritten doctrines” of Plato: some notes on the historiographical problem from the beginning until today." Revista Archai, no. 18 (2016): 259–81. http://dx.doi.org/10.14195/1984-249x_18_7.

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Panayotov, Stanimir. "Non-Theurgy: Iamblichus and Laruelle." Labyrinth 20, no. 1 (2018): 64. http://dx.doi.org/10.25180/lj.v20i1.118.

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Mysticism, theurgy, non-philosophy: this text will experiment with the three in an attempt to perform a non-philosophical hijacking of so-called theurgy (theurgia). I will experiment with a comparison between Iamblichus' theurgy, Laruelle's non-philosophy, and the notion of the Vision-in-One. I claim their point of convergence is their allegiances to the theory of the One, derived from Plato's Unwritten Doctrines. The ancient notion of the One is subject to a similar procedural gesture in both Iamblichus and Laruelle, namely, the procession of the One from the noematic to the aesthetic realm.

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Jansky, Okiya Jimmy. "A Critical Analysis of the European Union Law-making Process and Sources of Law." Multidisciplinary Journal of Horseed International University (MJHIU) 1, no. 2 (2023): 55–82. http://dx.doi.org/10.59336/w4tc9439.

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This study focused on the critical analysis of the European Union law-making process and sources of law. The study employed doctrinal legal methodology which covers research into doctrines and analysis of the relevant legal instruments including; Treaty on European Union (TEU), Treaty on the Functioning of the European Union (TFEU) and other instruments, legal articles and books citing secondary materials where issues need to be placed in contexts of the European Union’s law-making process and sources of law. The findings on the European Union law making process revealed three major methods of

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Xavier, Dennys Garcia, and Karla Cristina Walter. "DEMIURGIA E NECESSIDADE NO TIMEU DE PLATÃO." Síntese: Revista de Filosofia 41, no. 130 (2015): 269. http://dx.doi.org/10.20911/21769389v41n130p269-286/2014.

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Neste artigo, apresentamos uma proposta alternativa de leitura do papel do Demiurgo e do princípio material do cosmos – tal como tratados no diálogo Timeu de Platão –, formulada a partir da adoção de parte significativa do instrumental hermenêutico oferecido pelo assim chamado “novo paradigma” interpretativo das obras do filósofo. Em especial, tentamos demonstrar em que medida as operações protológicas pensadas por Platão – ancoradas numa estrutura bipolar anunciada na tradição indireta de Platão (Uno e Díade Indeterminada) – podem se tornar valiosas chaves de compreensão tanto da natureza con

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18

Krämer, Hans Joachim. "Plato’s Unwritten Doctrine." Peitho. Examina Antiqua, no. 1(6) (February 9, 2016): 25–44. http://dx.doi.org/10.14746/pea.2015.1.2.

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With the late Author’s (†24.04.2015) kind permission, the present text is published here in a somewhat abbreviated and modified translation that has been given appropriate subheadings and supplemented with an extensive bibliography. Its German original from 1996 has been translated into French (1998) and English (2012). The purpose of the present translation is to make the Polish reader acquainted with the important and innovative account of Plato’s philosophy that has been put forward by the Tübingen School whose one of the most prominent co-founders was Hans Joachim Krämer. While this text i

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Perine, Marcelo. "O DIALÉTICO E A DEFINIÇÃO DO BEM EM PLATÃO." Síntese: Revista de Filosofia 35, no. 112 (2010): 211. http://dx.doi.org/10.20911/21769389v35n112p211-220/2008.

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Em República, VII, 534 B-D, Platão apresenta uma definição do dialético, que se aplica também ao Bem. O texto levanta dois problemas: 1) Como pensar a ascensão dialética para alcançar a Idéia do Bem? 2) A passagem exigir uma definição do Bem que, contudo, não é dada. Considerando que as “doutrinas não escritas” giravam em torno do problema do Bem, e que os cursos orais ministrados por Platão tinham o título “Sobre o Bem” (Perì tagathoû), a presente reflexão pretende mostrar, na perspectiva da Escola platônica de Tübingen-Milão, os nexos entre o ensinamento oral de Platão e o conteúdo desta pas

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20

Yuhandra, Erga, Iman Jalaludin Rifa’i, and Sarip Hidayat. "Local Government Policies in the Management of Coastal and Marine Resources Through Community Participation." UNIFIKASI : Jurnal Ilmu Hukum 10, no. 1 (2023): 28–37. http://dx.doi.org/10.25134/unifikasi.v10i1.7539.

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Natural resources have a significant role in supporting national development as a good natural resources management will generate foreign exchange for the country. This study aims to analyze the local governments’ and communities’ efforts in utilizing and managing coastal and marine resources as well as to find out the inhibiting factors in the utilization of coastal and marine resources to achieve environmental sustainability. The method used in this study was normative juridical research method, in which the study was carried out by examining and interpreting theoretical matters on principle

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Marif, Marif. "Analisis Peraturan Daerah Kota Makassar tentang Pembinaan Anak Jalanan, Gelandangan, Pengemis, dan Pengamen." Amsir Law Journal 4, no. 1 (2022): 96–111. http://dx.doi.org/10.36746/alj.v4i1.118.

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Based on Article 34 Paragraph 1 of the 1945 Constitution of the State of the Republic of Indonesia, the Law on Human Rights, the Law on Child Protection, and the Decree of the President of the Republic of Indonesia Number 36 of 1990 concerning the Enforcement of the Convention on the Rights of the Child, basically it provides protection for street children, homeless people, and beggars in Indonesia. This includes Makassar City. In Makassar itself, several regulations have been established as a form of implementation in the regions, such as: Makassar City Regional Regulation Number 2 of 2008, t

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Yuhandra, Erga, Iman Jalaludin Rifa’i, and Sarip Hidayat. "Local Government Policies in the Management of Coastal and Marine Resources Through Community Participation." Unifikasi : Jurnal Ilmu Hukum 10, no. 01 (2024): 28–37. https://doi.org/10.25134/unifikasi.v10i01.743.

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Natural resources have a significant role in supporting national development as a good natural resources management will generate foreign exchange for the country. This study aims to analyze the local governments’ and communities’ efforts in utilizing and managing coastal and marine resources as well as to find out the inhibiting factors in the utilization of coastal and marine resources to achieve environmental sustainability. The method used in this study was normative juridical research method, in which the study was carried out by examining and interpreting theoretical matters on principle

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23

Shalihah, Aini, Fahrizal Nur Mahalli, and Ahmadi. "Perbandingan Constitutional Theory Dalam Doktrin Para Ahli Sebagai Bentuk Landasan Kelembagaan Negara." Sosio Yustisia: Jurnal Hukum dan Perubahan Sosial 3, no. 1 (2023): 1–17. http://dx.doi.org/10.15642/sosyus.v3i1.360.

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The constitution is basically a set of rules that regulate and shape the organs of government and their authorities, as well as the foundations of the state. The constitution functions in maintaining the stability and continuity of political and legal structures as well as the basic principles that serve as guidelines and are formulated in written form. This paper will analyze the comparison of constitutional theory in the doctrine of experts as a form of state institutional basis. With a comparative study between each character, the results of this paper aim to add to the body of knowledge ab

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24

Deretić, Irina. "Dispute About Plato's "unwritten doctrine"." Philosophical Inquiry 25, no. 3 (2003): 87–97. http://dx.doi.org/10.5840/philinquiry2003253/440.

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Ciampi, Annalisa. "Images and Customary International Law, or the Destruction/Construction of International Norms through Images." Pólemos 13, no. 1 (2019): 25–42. http://dx.doi.org/10.1515/pol-2019-0003.

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Abstract This paper explores the power of images vis-à-vis the practice and theory of international law, with a focus on rules of customary international law, i. e. the unwritten general rules of international law, that apply to all states (as well as to non-state actors falling within their scope of application), irrespective of specific acceptance. As Sherwin writes: “We are awash in images.” States, international organizations (IOs), non-governmental organizations (NGOs), insurgents, terrorists and other groups of individuals of all sort, are in the news and our movies, on our TV screens, n

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Sossin, Lorne, and Zimra Yetnikoff. "I CAN SEE CLEARLY NOW: VIDEOCONFERENCE HEARINGS AND THE LEGAL LIMIT ON HOW TRIBUNALS ALLOCATE RESOURCES." Windsor Yearbook of Access to Justice 25, no. 2 (2007): 247. http://dx.doi.org/10.22329/wyaj.v25i2.4614.

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Videoconferencing has generated ambivalence in the legal community.Some have heralded its promise of unprecedented access to justice,especially for geographically remote communities. Others, however, havequestioned whether videoconferencing undermines fairness. The authorsexplore the implications of videoconferencing through the case studyof the Ontario Landlord and Tenant Tribunal, which is one of thebusiest adjudicative bodies in Canada. This analysis highlights concernsboth with videoconferencing in principle and in practice. While suchconcerns traditionally have been the province of public

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Cecchetti, Lorenzo, and Daniele Gallo. "The Unwritten Exceptions to the Duty to Refer After Consorzio Italian Management II: 'CILFIT Strategy' 2.0 and its Loopholes." Review of European Administrative Law 15, no. 3 (2022): 29–61. http://dx.doi.org/10.7590/187479822x16669633687993.

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The unwritten exceptions to the duty to refer upon last instance national courts, most notably the so-called 'acte clair doctrine' forged in the wellknown CILFIT ruling, lie at the core of the multilevel composite judicial architecture of the EU. Taking in due consideration the copious literature in this regard, our article examines the current state of EU law in relation to the unwritten exceptions to the duty to refer enshrined in Article 267(3) TFEU and its major issues. The relevance and topicality of the analysis result from developments brought about by the Grand Chamber in Consorzio Ita

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Ferber, Rafael. "Why Did Plato not Write the ‘Unwritten Doctrine’? Some Preliminary Remarks." Elenchos 45, no. 1 (2024): 127–49. http://dx.doi.org/10.1515/elen-2024-0007.

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Abstract This article asks the question “Why did Plato not write the ‘unwritten doctrine’?” and answers it by citing a combination of two obstacles. The first derives from the limitations of the episteme available to an embodied soul about the essence of the good. Even if the dialectician has access to some kind of knowledge, the mismatch between the unchanging essence of the good and the precarious logoi which aim to identify it (and allow others some measure of access to it) can never fully be overcome. At best, Socrates (or Plato) can lead souls to an incomplete account of it: It is possibl

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Nabilasari Lesmana, Ega, and Dewa Gede Pradnyana Yustiawan. "CIVIL LAW ANALYSIS OF UNWRITTEN AGREEMENTS IN BUSINESS ACTIVITIES." POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI) 2, no. 2 (2023): 109–16. http://dx.doi.org/10.55047/polri.v2i2.568.

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In traditional societies, unwritten contracts were frequently used for commercial transactions. Unwritten agreements are weaker than written ones, particularly when it comes to proving their existence in the event of a dispute. The aim of this article was to conduct an analysis of unwritten agreements in civil law and to evaluate the advantages and disadvantages of forming and implementing such agreements. This is a normative legal research which focuses on positive law inventory, legal principles and doctrine, legal discovery in in concrete cases, legal systematics, level of synchronization,

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Eleftheriadis, Pavlos. "Parliamentary Sovereignty and the Constitution." Canadian Journal of Law & Jurisprudence 22, no. 2 (2009): 267–90. http://dx.doi.org/10.1017/s0841820900004690.

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The doctrine of parliamentary sovereignty of the United Kingdom parliament is often presented as a unique legal arrangement, one without parallel in comparative constitutional law. By giving unconditional power to the Westminster parliament, it appears to rule out any comparison between the Westminster Parliament and the United States Congress or the German Bundestag, whose powers are limited by their respective constitutions. Parliament in the UK appears to determine the law unconditionally and without limit. Nevertheless, a fuller understanding of parliamentary sovereignty as a legal and con

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Halfwassen, Jens. "Monismus und Dualismus in Platons Prinzipienlehre." Bochumer Philosophisches Jahrbuch für Antike und Mittelalter 2 (December 31, 1997): 1–21. http://dx.doi.org/10.1075/bpjam.2.02hal.

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Abstract One of the main problems of Plato's unwritten doctrine has to do with whether his theory of principles has a strictly dualistic or rather a more monistic character. The thesis of this essay is that Plato combines monism and dualism in a particular fashion. Both the dialogues and the testimony of the unwritten doctrine reveal that in Plato's metaphysics the One is the genuinely absolute principle; Plato's second principle, the Many, is not a second absolute - otherwise it would dissolve the very concept of the absolute. Instead, Plato conceives the principle of multiplicity itself as a

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Amrit, Amritash Kumar. "Comparative Study of Separation of Power in India, Pakistan, and South Africa and its Impact on Judicial Independence." International Journal for Research in Applied Science and Engineering Technology 12, no. 11 (2024): 1533–40. http://dx.doi.org/10.22214/ijraset.2024.65129.

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In this paper the separation of powers and its impact on judicial impact is discussed in the country of India, Pakistan, and South Africa. The goal of this research paper is to examine the division of powers between the different organs of the government which is necessary for the good governance. Various aspects are focused in this paper including political, historical, and legal aspects. The paper includes the historical development in all the three countries and the conditions which affect doctrine in these countries. This paper includes the provisions of constitution both written and unwri

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Perl-Rosenthal, Nathan. "An Interpolity Legal Regime in the eighteenth century:  procedural law of prize." Past & Present 265, Supplement_17 (2024): 169–92. http://dx.doi.org/10.1093/pastj/gtae025.

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Abstract Prize law was a legal regime that played a crucial role in maritime trade and warfare in the European imperial world before the twentieth century, governing both the capture and disposition of enemy property seized by belligerents at sea during wartime. Prize law outlined the rules by which captures were to take place and how captured property was to be handled, adjudicated, and (if “condemned” or deemed a valid capture), disposed of. All European maritime powers had prize regimes during the early modern era, which collectively adjudicated the fates of tens of thousands of vessels wor

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Shubhan, M. Hadi. "THE UTILIZATION OF UNWRITTEN LAWS IN BANKRUPTCY DISPUTES." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 8, no. 1 (2019): 85. http://dx.doi.org/10.33331/rechtsvinding.v8i1.299.

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<p><em>Unwritten laws hold a strategic role in bankruptcy dispute settlement, both in the act of bankruptcy and in the management and settlement of a bankruptcy estate after the debtor is declared bankrupt.</em><em>This paper will discuss </em><em>about the characteristics of Indonesia bankruptcy law and </em><em>the legal basis and theoretical basis for the possibility of using unwritten law in bankruptcy cases. </em><em>This research employed a doctrinal legal research method with a statute approach, a conceptual approach, and a cas

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Fahmi, Chairul, Peter-Tobias Stoll, Shabarullah Shabarullah, Malahayati Rahman, and Syukri Syukri. "The State’s Business Upon Indigenous Land in Indonesia: A Legacy from Dutch Colonial Regime to Modern Indonesian State." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no. 3 (2024): 1566. https://doi.org/10.22373/sjhk.v8i3.19992.

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The indigenous populations of Indonesia have experienced the deprivation of their rights to their ancestral lands since the era of Dutch colonialism. This article seeks to analyse the occurrence of the rights of indigenous peoples to their ancestral territories, and the state’s right claim over indigenous customary lands. This study is a qualitative method with a socio-legal research approach, focussing on theoretical and empirical work, combining doctrinal and non-doctrinal analysis for data interpretation. The findings indicate that the transfer of collective rights from indigenous communiti

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Berlianty, Teng, Yosia Hetharie, and Ronald Saija. "Implementation of The Plantation Production Sharing Agreement in The Unwritten Agreement Form." Jambura Law Review 4, no. 1 (2022): 73–88. http://dx.doi.org/10.33756/jlr.v4i1.11689.

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This study aims to identify and analyze the implementation of the plantation production sharing agreement in Nalahia Village, Central Maluku. This research is a sociolegal research, which is a combination research method between doctrinal law research methods and empirical legal research methods. This research was conducted in Nalahia Village, Nusalaut District, Central Maluku, with the sample being the people of Nalahia Village who had implemented a plantation production sharing agreement. This type of research data is primary data and secondary data obtained through literature study and inte

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Tytarenko, Vadym, and Daria Pohribna. "THE STATE OF WAR AS A HISTORICAL NECESSITY IN THE EMERGENCE OF THE UKRAINIAN NATION: JULIAN VASSYIAN'S RECEPTION OF HEGEL'S PHILOSOPHY OF HISTORY." Bulletin of Taras Shevchenko National University of Kyiv. Philosophy, no. 11 (2024): 60–66. https://doi.org/10.17721/2523-4064.2024/11-12/13.

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B a c k g r o u n d . German idealism, and especially transcendentalism, was a unique phenomenon in the history of philosophy of the 19th century, especially its views on nature, man and spirit. It influenced various idealistic teachings both in Europe and in America (transcendentalism). This paper explores the reception of Hegelian philosophy of history and right in the works of Julian Vassyian, a Ukrainian philosopher and nationalist. Both thinkers emphasize the importance of historical necessity, war, and the role of individuals in shaping national identity. Hegel's concept of the "spirit o

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Smith, Ewan. "On the Informal Rules of the Chinese Communist Party." China Quarterly 248, S1 (2021): 141–60. http://dx.doi.org/10.1017/s0305741021000898.

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AbstractThe Chinese Communist Party (CCP) is a closely constituted party. Recent studies of the CCP describe and evaluate its formal rules, but to understand the Party as an institution we also need to understand its informal rules. The literature on “party norms”, “institutionalization” and the “unwritten constitution” often fails to distinguish rules from other political phenomena. It confuses informal rules with political practices, constitutional conventions, behavioural equilibria and doctrinal discourse. It is prone to overlook important rules, and to see rules where there are none. Henc

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Fonotova, O. V. "Transnational Commercial Law and Lex Mercatoria: In Place of Each Other or Along with Each Other?" Lex Russica 78, no. 2 (2025): 19–32. https://doi.org/10.17803/1729-5920.2025.219.2.019-032.

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The expressions «lex mercatoria» and «transnational commercial law» are often used in the literature of international commercial law as synonymous and interchangeable concepts. Arguing the fallacy of this approach, the author delineates these categories on the basis of a comparative analysis of the corresponding theoretical concepts, normative acts and examined the significance of each of the legal complexes under consideration. The paper justifies that in normative terms lex mercatoria consists of general principles of law and unwritten international trade customs. Such regulators are formed

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Gyenge, Zoltán. "The Debate as a Mono-Dialogue – Comments on the Question of Philosophical Discourse." Athens Journal of Philosophy 1, no. 2 (2022): 71–78. http://dx.doi.org/10.30958/ajphil.1-2-1.

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It is almost a trite to say that in philosophy, questions matter most of all. Every question begets another question. Its questions are more essential than its answers as Jaspers say. Plato writes about a very important principle in his famous Seventh Letter, namely, the purpose of a debate. The idea of unwritten doctrine has been meaningful for centuries: The ceaseless work referred to here is nothing other than ceaseless discourse, or ceaseless debate. This debate has been interpreted in many ways in philosophy. This lecture analyses the forms of indirect and direct communication (based on t

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Rockett, William. "Words Written and Words Inspired: More andSola Scriptura." Moreana 36 (Number 137), no. 1 (1999): 5–34. http://dx.doi.org/10.3366/more.1999.36.1.3.

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The main features of More’s position on Luther’s doctrine of evident scripture and Tyndale’s deployment of it are familiar to students of More’s controversial works: adherence to scripture alone defies the gospel promise of Christ’s perpetual presence in the Church; it defies the Church’s authority, and it renounces the prophecy in Jeremiah 31:33 of a new covenant to be written not in books but in men’s hearts. These assertions appear repeatedly in the Responsio ad Lutherum, A Dialogue concerning Heresies, and The Apology. However, in The Confutation of Tyndale’s Answer More appealed to one fu

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Čepelka, Čestmír. "Smlouva a obyčej v mezinárodním právu." AUC IURIDICA MONOGRAPHIA 1984, no. 43 (2024): 3–70. https://doi.org/10.14712/30297958.2025.42.

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The question of relation between the treaty and custom does not present a topic worth particular scientific attention there where the two institutions are not being confused. This does not only occur in Czechoslovak Doctrine of international law, but the reasons for such confusion imprint – in juristic works interpretation – on the functionality of the two institutions a content that is no longer in harmony with the development stage of the contemporary general international law and above all with its peremptory rules. The qualification of international custom as tacit treaty hitherto upheld i

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Radovanović, Bojana. "Spreading the Word: Oral Transmission of the Bogomil Teachings, its Symbolism, and Biblical Exegesis." Studia Ceranea 11 (December 30, 2021): 387–403. http://dx.doi.org/10.18778/2084-140x.11.19.

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The oral biblical exegesis and oral transmission, or the unwritten tradition, represent pillars in the circulation of texts and ideas since the very dawn of Christianity, both in orthodox and heterodox circles. Namely, this vast topic encompasses the concepts related to the concepts of the written sources and the spoken word, and their interrelation, and, furthermore, to the symbolism of the ear, Logos, and secret teachings (arcana). The role and impact of the oral transmission will be examined on the example of the Bogomils, and this paper will re-assess the importance and function of the ora

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Rachmawaty, Rachmawaty, Matthew Marcellinno Gunawan, and Novi Nurviani. "Judicial Perspectives on the Equitable Resolution of Anti-SLAPP Cases: Insights from Indonesia." Journal of Law, Environmental and Justice 2, no. 1 (2024): 18–41. http://dx.doi.org/10.62264/jlej.v2i1.88.

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This research examines Indonesian judges' views on Anti-SLAPP case settlement and their philosophical approach. This research prescribes doctrine. The research shows that the judge's Pancasila-based Anti-SLAPP judgement needs to be revised. When the community raises environmental concerns, the practice repeats. The community will be punished in whatever way is necessary to eliminate participation. Development that harms the environment but enriches the government and corporations will continue. Based on these facts, it is known that the regulation and application of Anti-Slap in Indonesia are

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Казьмина, Ольга Евгеньевна. "АМИШИ СТАРОГО ПОРЯДКА: КОНСЕРВАТИВНАЯ РЕЛИГИОЗНОСТЬ, ОСТАНОВИВШАЯ ВРЕМЯ". Вестник антропологии (Herald of Anthropology), № 2 (54) (10 червня 2021): 35–43. http://dx.doi.org/10.33876/2311-0546/2021-54-2/35-43.

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В статье исследуются механизм формирования и сохранения очень своеобразной конфессиональной группы – амишей старого порядка и влияние религиозного учения на их повседневные практики. По существу, весь жизненный уклад амишей старого порядка определяется Орднунгом – сводом правил, позволяющим сохранять самобытность и приверженность традициям. В Орднунге выделяется письменная часть (составленные религиозными лидерами документы, содержащие основные догматические положения, обусловившие особенности религиозной и повседневной жизни) и устная (неписанные правила, постепенно складывавшиеся и определяю

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Cocksworth, Ashley. "Revisiting Karl Barth's doctrine of baptism from a perspective on prayer." Scottish Journal of Theology 68, no. 3 (2015): 255–72. http://dx.doi.org/10.1017/s0036930615000101.

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AbstractThis article focuses on Karl Barth's mature doctrine of baptism, as it is developed in the final part-volume of the Church Dogmatics. Published in 1967 (English translation in 1969) as a fragment of the ethics of the doctrine of reconciliation, Barth's theology of baptism is not without its controversy. Among the critiques that the baptism fragment has generated, one of the most significant concerns is over its presentation of the relation between divine agency and human agency. The formal division in the baptism fragment (and its sharp distinction between ‘Spirit baptism’ and ‘water b

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Bergkamp, Lucas. "Article: The Hague District Court’s Judgment in the ‘Climate Case of the Century’: How a Dutch Court Fell Through the Cellar Hatch (Part 1)." European Energy and Environmental Law Review 32, Issue 1 (2023): 1–34. http://dx.doi.org/10.54648/eelr2023001.

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To protect the inhabitants of The Netherlands against ‘dangerous climate change’, the Hague District Court (the ‘Court’) in the ‘climate case of the century’ (Milieudefensie v. Shell, 2021) resorted to paradoxical lex ferenda interpretations of Dutch tort law. The court found binding ‘unwritten’ corporate norms in documentation without any legal status, while it acknowledged that the corresponding multitude of demanding ‘written’ (i.e., statutory) norms are nonbinding, do not apply to private entities, and do not reflect custom. In dictating corporate climate policymaking, the court rewrote Du

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Rana Rizwan Hussain. "Enforcement of Foreign Award and Public Policy Rules in Pakistan." UCP Journal of Law & Legal Education 1, no. 2 (2023): 01–25. https://doi.org/10.24312/ucp-jlle.01.02.154.

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Public policy is a phenomenon that is difficult to be confined within boundaries. It is a variable notion that evolves with the growth and upbringing of society. It is mostly unwritten and un-codified. Therefore, it greatly bears the potential to be used in an unbridled manner by the competent authorities of the states against the enforcement of foreign awards. This feature of public policy emphasizes the need to chalk out those ideologies and canons in a state that give birth to its public policy rules and constitute to be the basis of it. Like every other country, Pakistan also has a public

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Effendi, Orien, and Ro'is Alfauzi. "DYNAMICS OF APPLICATION OF SALUS POPULI SUPREMA LEX ESTO IN LAW ENFORCEMENT IN INDONESIA." UNTAG Law Review 5, no. 2 (2021): 38. http://dx.doi.org/10.56444/ulrev.v5i2.2633.

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<span class="fontstyle0">This paper analyzes the position and legality of the use of principles outside the legal text (unwritten) as the basis for law enforcement in Indonesia. As is known, the sources of law include laws, customs, jurisprudence, and doctrine. So whether the presence of legal provisions outside of legal sources can be used as the basis for law enforcement. This analysis highlights the public assumption that the use of the principle of "Salus Populi Suprema Lex Esto" can be used as a guideline or basis for law enforcement in Indonesia, including when judges use this prin

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Shchelkonogova, Elena. "The Criminal Legal System and the System of Criminal Law." Legal Concept, no. 4 (December 2022): 185–91. http://dx.doi.org/10.15688/lc.jvolsu.2022.4.25.

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Introduction: in modern social and legal realities, the question of the need for a systematic understanding of law in general, and criminal law in particular, is acute. The judicial practice shows that law enforcement officers often have difficulties in interpreting and implementing legal norms. In this connection, the author of the paper sets the purpose of the study: to consider criminal law as a system-based construct. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are the systematic approach, the method of deduc

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