Introduction: The Guiding Ideas

Author(s):  
Philip Pettit

H.L.A. Hart’s (1961) book The Concept of Law already caught my fancy as an undergraduate student in Ireland. It seemed to do more in illumination of its theme than most of the tomes in analytical, continental or scholastic philosophy to which I was introduced in a wonderfully idiosyncratic syllabus. What I attempt here, many years later, is guided by a desire to explore the possibility of providing for ethics and morality the sort of perspective that Hart gave us on the law....

Author(s):  
Ditlev Tamm

Abstract This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.


Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 88-117
Author(s):  
Yu. A. Vedeneev

The law exists in the form of institutions and in the form of representations of institutions, since the representation of something (phenomenon) has a conceptual dimension in the representation of something (concept). Representations of law and representations of law are two aspects of the expression and manifestation of the general legal reality. This, in fact, leads to a fundamental dilemma in determining the subject of legal science. This is the science of law or the science of legal science. Given that the concept of law is a theory of law developed into a system of definitions, the practical language of law finds itself in the theoretical language of jurisprudence, and vice versa. The languages in which the law operates, and the languages in which the phenomenon of law is interpreted, constitute the general object and subject of jurisprudence.Jurisprudence is a conceptual part of legal reality, both an object and a subject of legal science. The evolution of jurisprudence in the cultural-historical logic of changes in its subject and methods is the basis for changes in its disciplinary structure and connections in the general system of social and political sciences. Each cultural and historical epoch of the existence of law corresponds to its own grammar of law and its own epistemology of law, that is, its own analytical language and disciplinary format of legal knowledge. The law exists in the definitions of its concept. The concept of law has both an ontological and epistemological status. One thinks of law because it exists, and one understands the law because it is defined. Each tradition of understanding the law can be conceptually seen in the phenomenon of law that other traditions of legal understanding do not see or do not notice. The history of the development of the concept of law (conceptualization of law) contains the history of the development of legal institutions (institutionalization of law). Both components of legal reality — objective and subjective grounds and conditions for the emergence and development of the phenomenon of law live in the framework definitions of their social culture, its language and discourse. That is, they live in historical forms of awareness and understanding of one’s own law — from the law indicated in rituals, myths, signs and symbols, to the law indicated in canonical texts, doctrines and concepts; from the law of disciplinary society to the law of network communities; from the law of political domination and bureaucratic management to the law of civil communications and network agreements.


10.12737/5497 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 18-25
Author(s):  
Ерзат Бекбаев ◽  
Erzat Bekbaev

The function of the concept of law in scientific knowledge is shown as an exact idea about the signs of law distinguishing it from the other objects. Another logical function of concept of law is in the ability to reflect in thoughts more or less complete result, the amount of knowledge about the law. It is argued that the essence of law can be known, provided the pre-obtained full and complete knowledge of the law as a special subject of scientific knowledge. The possibility of using logical principles of the construction of scientific theories in the science theory of law.


Author(s):  
Ditlev Tamm

AbstractThis contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.


2009 ◽  
pp. 201
Author(s):  
Myra Rosana

AbstrakCooperatives (Koperasi) as a nature of business culture based on the conceptof Indonesian society of mutual 'gotong royong' presence is still needed forthe recent and imminent. Basic rules governing the cooperatives createdduring more than 10 years ago, although its execu1ive regulations made aftermuch until now. The concept of law as the basis of the Cooperative Law of1992 has much to be updated if the Indonesia cooperative as one of theenterprises is still expected to compete with other business entities inIndonesia and the international sphere. Some description has been offeredin this article, shows that still so many things that are conceptually still needmore studies in considering the existence of Act No.25 of 1992 onCooperatives has lasted for about 18 years. Although government has issuedimplementing regulations and implementation of various rules, but as longas the basic provisions of the Law has not been a4justed to the wishes of thechanges in the economy generally and the provisions of the particularbusiness entity, the cooperative movement as a business entity is stillinsuffiCient and its existence cannot be thought to stand in line with otherbusiness entities either in Indonesia or, international community.


2015 ◽  
Vol 11 (1) ◽  
pp. 71
Author(s):  
Arnar Þór Jónsson

This article is focused on two basic concepts: Law and Society. Older sources do not clearly indicate that a sharp distinction was commonly drawn between the society on one hand and the law on the other. Regardless of the evolution and progress which has been made in both areas the ties between these two subjects have not been disconnected. In fact, one does not have to reflect long on the matter to understand the obvious and necessary coherence. The influence is interactive. This reciprocity means, inter alia, that rights cannot be claimed without the shouldering of corresponding duties. Comprehension of this basic strand in the concept of law demarcates the basis for our everyday existence.


2016 ◽  
Vol 3 (2) ◽  
pp. 36-41
Author(s):  
Y A Gavrilova

This article examines the semantic approach to law as a uniting platform in the process of explanation, description and understanding of scientific novelty of legal knowledge. The author believes that the convergence of scientists on questions of the concept of law it is necessary to correlate with these questions, the problem of the nature and specificity of legal knowledge, which is uniform and often varies within appropriate types of scientific rationality: classical, nonclassical and postnonclassical. Therefore, it is proposed author’s vision of the solution to the problem of the «irreducibility» of the various approaches to the law (to ensure its integrity or integrative), as the most profound philosophical and ideological basis of such a combination is the sense of entitlement. The author comes to the conclusion that the semantic approach allows to optimally combine the material-existential and ideal-spiritual components of the phenomenon «law» in society, but also to expand the range of algorithms to obtain new legal knowledge in unity of classic, nonclassic and postnonclassic.


Author(s):  
Stephen Finlay ◽  
David Plunkett

Speech and thought about what the law is commonly function in practical ways to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is an expressivist analysis of legal statements. This paper advances a rival, positivist-friendly account of legal statements which the authors call “quasi-expressivist”. It combines a descriptivist, “rule-relational” semantics with a pragmatic account of the expressive and practical functions of legal discourse. This approach is at least as well-equipped as expressivism to explain the practical features of “internal” legal statements and a fundamental kind of legal disagreement, while handling better “external” legal statements. The chapter develops this theory in a Hartian framework, and also argues (against Kevin Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along quasi-expressivist lines.


Philosophy ◽  
1967 ◽  
Vol 42 (159) ◽  
pp. 1-19 ◽  
Author(s):  
W. von Leyden

These then are the four main strands in Aristotle's thought concerning the law, or in other words, the four elements he might have distinguished in his conception of law. The analysis I have attempted seems to me to reflect both Aristotle's view of the complex nature of law and also what he would look upon as the different grounds for its validity. I think that the several elements in his doctrine are fundamentally independent of one another, and similarly that they do not compete with one another since they embody answers to different questions concerning law. Also the recurrent theme of my own comments has been the assumption that 'law' is a complex term, comprising in its application a number of different definitions concerning rules and validity, authority and obligation, sources of law, and the like. In my opinion it is the merit of Aristotle's conception of law that he appears to recognise the multiple meaning of the word ‘law’ and, accordingly, the need for a multiple definition.


Author(s):  
Kaufmann-Kohler Gabrielle ◽  
Rigozzi Antonio

This second chapter starts by clarifying the concept of ‘law of the arbitration’ or lex arbitri, underscoring that any arbitration needs to be governed by a national law of arbitration. The chapter then examines how to determine the national arbitration law that governs a specific arbitration by analysing the scope of application of the national arbitration law, especially Chapter 12 of the Private International Law Act (PILA), and distinguishing between international and domestic arbitrations. In this context, the chapter addresses the legal significance the seat of the arbitration, the practical considerations that should guide the selection of the seat, as well as the possibility for parties to arbitrations seated in Switzerland to opt in or out of the (international or domestic) regime governing the arbitration. Finally, the chapter describes the main features of national arbitration laws using Chapter 12 PILA as an example.


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