Legal Thinking

2020 ◽  
pp. 7-19
Author(s):  
Jan M. Broekman ◽  
Frank Fleerackers
Keyword(s):  
Legal Thinking

Immanent limits of human rights: relevance of the concept in various types of legal thinking

2019 ◽  
Vol 3 (1) ◽  
pp. 33-39
Author(s):  
V. Panchenko ◽  
◽  
К. Shushpanov
Keyword(s):  
Human Rights ◽  
Legal Thinking

Integrative Approach in Law Understanding: the History of the Origin of Ideas and the Current State

2020 ◽  
Vol 2 (1) ◽  
pp. 115-130
Author(s):  
R. R. Palekha ◽  
Keyword(s):  
Central Place ◽  
Scientific Basis ◽  
Integrative Approach ◽  
Current State ◽  
History Of ◽  
Legal Thinking ◽  
Reliable Knowledge ◽  
The Right ◽  
Fat Formulation

Introduction. Right understanding is the most live, interesting and, at the same time, the uncertain and changeable area of researches which takes the central place as in the general theory of the right, and gains the increasing value in industry jurisprudence that is connected with its considerable teoretiko-methodological and applied potential which is shown in spheres of lawmaking and law-enforcement activity. Thus, right understanding represents research tools of the subject of knowledge which allow to study all range legal and, the based on them, state phenomena for the purpose of obtaining reliable knowledge of state and legal reality. In this regard integrative approach in right understanding which has rich history of the formation and development is of special interest, allows to perceive the right as integrally complete phenomenon, as much as possible retrieves its regulatory abilities and, provides achievement of criteria of scientific research: comprehensiveness, objectivity, historicism. Materials and Methods. In article an attempt of the analysis of integrative approach in right understanding from a position of history of origin of his ideas and assessment of the current state is made. A result of studying of scientific literature, generalization and comparison of the different points of view fat formulation of author’s determination of category “right understanding” and submission of the evidence-based integrative theory of right understanding which as much as possible conforms to requirements of time and has essential regulatory and guarding potential. Results. In article the category right understanding is comprehensively considered, different integrative theories of right understanding from a position of their origin and development are submitted, the value of modern integrative approach in right understanding is shown, perspectives of its further development are evaluated. Discussion and Conclusion. The author comes to the conclusion about the theoretical and methodological consistency and inevitability of the integrative approach in law understanding, which acts as a scientifically grounded type of legal thinking capable of comprehending the law on a truly scientific basis.

scholarly journals Of Higher Intentions and Lower Expectations

2015 ◽  
Vol 2 (3) ◽  
pp. 187-211
Author(s):  
Michael Bohlander
Keyword(s):  
Public Policy ◽  
Building Blocks ◽  
Survey Questionnaire ◽  
Research Project ◽  
Islamic Jurisprudence ◽  
Legal Thinking ◽  
Main Instrument ◽  
Case Based

The author had planned to work on a monograph related to the potential of using the maqāṣid in Islamic jurisprudence, uncoupled from their religious foundations, as a tool for the conversation with secular law and legal thinking, which by and large has shed its own religious roots and proceeded to an ethics-driven approach based on public policy or interest, and/or systemic logical coherence. The premise of the research project was that lawyers largely think the same thoughts and that they use different building blocks to construct rather similar-looking houses. The main instrument of the research was a survey questionnaire with a series of case-based scenarios sent to a number of Islamic scholars to provide the answers to the scenarios from the Shari’ah perspective. The survey failed in its entirety, so the research turned into an attempt to find the reasons for the failure. This paper will set out reflections on why it went wrong.

The Decline of Substance over Form in Accounting

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Dov Fischer ◽  
Ortal Ellman ◽  
Sholom Schochet
Keyword(s):  
Conceptual Framework ◽  
Legal Thinking ◽  
Classical Philosophy

Abstract “Substance over form” is a traditional accounting maxim that has also influenced legal thinking and has its roots in classical philosophy. “Substance over form” states that accountants do not record transactions based on the outward form of the transaction but discern its economic substance and report accordingly. Nevertheless, “substance over form” has been deemphasized by the FASB’s conceptual framework in recent decades, to the point that an internal debate now rages over whether accountants and auditors have a right and responsibility to put substance over form. FASB must therefore make its position clear on where it stands in this debate.

The Prognostic Aspect of Social and Legal Thinking

2021 ◽  
pp. 202-209
Author(s):  
Mikhail P. Kleymenov ◽  
◽  
Nadezhda I. Verchenko
Keyword(s):  
Legal Thinking

scholarly journals THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART I)

2019 ◽  
Vol 23 (1) ◽  
pp. 48-61
Author(s):  
Valeriy P Ivanskiy ◽  
Sergey I Kovalev
Keyword(s):  
Point Of View ◽  
Legal Knowledge ◽  
Scientific Rationality ◽  
Clear Trend ◽  
Legal Studies ◽  
Legal Science ◽  
Analysis And Synthesis ◽  
Legal Thinking ◽  
Legal Rationality

The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as «classical», «non-classical» or «post-non-classical» science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of "scientific rationality" and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools: 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of "types and models of legal rationality" into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.

scholarly journals The Role of Environmental Law Education for Sustainable Development

2019 ◽  
Vol 8 (3) ◽  
pp. 79
Author(s):  
Hanna Audzei
Keyword(s):  
Sustainable Development ◽  
Social Economic ◽  
Environmental Law ◽  
Legal Education ◽  
Environmental Policies ◽  
Environmental Safety ◽  
Successful Solution ◽  
Legal Thinking ◽  
Ecological Culture

National imperative of sustainable development is a strategy that combines into one social, economic and environmental policies. First of all the environmental legal education should aim to prepare people for life in an innovative type of society. To achieve this goal of environmental and legal education we should be reoriented to form a human ecological and legal culture and eco-innovative type of legal thinking and a willingness to innovative type of environmental and legal action. The successful solution of this and other challenges requires science foundation, including environmental law science. Keywords: law, environmental legal education, sustainable development, environmental safety, ecology, responsibility, ecological culture, legislation

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