Limits of Proofs in Criminal Process (Research Based on Rational Formalism)

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Денис Зотов ◽  
Denis Zotov
Keyword(s):  
Significant Role ◽  
Legal Theory ◽  
Process Research ◽  
Criminal Process ◽  
Potential Study ◽  
Specific Source ◽  
The Subject ◽  
The Law

The attitude to the notion of “the proving limits” in the criminal process science is controversial: starting from equation of it to “the subject of proving” and finishing with the attempts to identify it as a separate notion through such categories as limits, extent, depth, broadness, level, fullness, width, etc. Herewith the significant role in determination of the proving limits is highly desirable for the development of both the theory of process and the practical proving is recognised. The author analyses the existing theoretical views on the essential matter and proves limits and substantiates of the potential study of these views that would be based on principals of rational formalism. The author claims, that rational formalism as a method of the legal theory of proving does not contradict the contemporary concept of free judicial conviction. As the result of the study, the author offers his own notion of “proving limits” as a number of sources of prove which is required for judgment rational. Wherein the quantitative component of the notion “proving limits” can be expressed in the following ways: by the available sources provided by law; in a possible reference to specific source in the law (the obligatory proving limits); as one of the obligatory legally defined sourses.

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

scholarly journals Vai Krimināllikuma norādes par noziedzīgo nodarījumu vainas formām ir pietiekoši skaidras?

2021 ◽  
pp. 501-509
Author(s):  
Māris Leja ◽  
Keyword(s):  
Criminal Law ◽  
Legal Theory ◽  
Mens Rea ◽  
Legal Certainty ◽  
Criminal Offense ◽  
Legal Provisions ◽  
Mental Element ◽  
The Law

The article deals with the flaws of the Criminal Law in determination of the particular form of mental element (mens rea) which is required for the specific criminal offense. Taking into account that the majority of legal provisions does not contain such indications, one of the elements of criminal offense is not described by the law. Such legislator`s approach raises doubts about the compliance of the Criminal Law with the principle of legal certainty. The article also criticizes opinions expressed in legal theory that attempt to fill the gaps allowed by the legislator, as well as offers amendments to the Criminal Law aiming to improve its coherence.

Derrida’s Legal Times

2019 ◽  
pp. 147-167
Author(s):  
Bernadette Meyler
Keyword(s):  
Michel Foucault ◽  
Legal Theory ◽  
Political Sphere ◽  
Law And Politics ◽  
The Subject ◽  
The Law

The aim of this essay is to suggest what Jacques Derrida’s late forays into law and politics might contribute to thinking in legal theory beyond what can be derived from Michel Foucault and his inheritors. The key differences pertain to time and timing. In particular, Derrida’s writings lead us to reconsider the timing of the relation between the subject and the law, whether that subject is declaring independence or awaiting death. Through the vector of time, the trace of the subject—not self-present or autonomous but a subject nonetheless—is recovered within the juridico-political sphere.

XVIII.—On a Continued Investigation of the Application of the Law of Torsional Oscillation to Various Metals and Alloys

1914 ◽  
Vol 33 ◽  
pp. 183-193
Author(s):  
James B. Ritchie
Keyword(s):  
Empirical Equation ◽  
Large Range ◽  
Initial Conditions ◽  
Torsional Oscillation ◽  
Subsequent Treatment ◽  
Metals And Alloys ◽  
Torsional Oscillations ◽  
The Subject ◽  
The Law

This paper is a continuation of one already submitted to the Society, and published in their Proceedings.It showed that an equation of the form yn(x + a) = b could be applied to give close representation of results in the determination of the law of decrease of torsional oscillations of wires of different materials. This empirical equation, in which y represented the range of oscillation, x the number of oscillations since the commencement of observations, and n, a, and b constants for any one experiment, their numerical values depending upon the initial conditions of the wire and its subsequent treatment, was found to hold over a large range of oscillation for wires of many metals, and the present paper gives an account of further work on the subject.

Foucault and the Incompletion of Law

2008 ◽  
Vol 21 (3) ◽  
pp. 747-763 ◽  
Author(s):  
BEN GOLDER
Keyword(s):  
Michel Foucault ◽  
Subject Matter ◽  
Review Essay ◽  
Legal Theory ◽  
The Subject ◽  
The Law

In a late interview given to the French newspaper Le Monde, Michel Foucault discussed his dreams for a different style of criticism. ‘I can't help but dream about a kind of criticism’, remarked Foucault, in which one would ‘not try to judge, but to bring an oeuvre, a book, a sentence, an idea to life; it would light fires, watch the grass grow, listen to the wind, and catch the sea-foam in the breeze and scatter it.’ This somewhat wistful, poetic thought resonates with more familiar Foucauldian notions regarding the use of theory as a ‘toolkit’ or ‘toolbox’. Common to both these tropes – critique as affirmation and theory as functional – is the desire for thought to be put to work rather than put on trial, for sentences to be brought to life rather than delivered. And yet this presents the would-be Foucauldian book reviewer – and more so where the venue is the impeccably juridical one of the law journal – with a series of alluring problems. How might one elaborate such a Foucauldian critique in a context where one is expressly called upon to judge? What would such a non-judgmental Foucauldian critique look like? Are juridical practices of critique readily susceptible to Foucauldian appropriation or subversion? This set of related questions is emblematic of a wider concern of mine which forms the subject matter of this review essay, namely the place of Foucault (if indeed he has one) in legal theory. How does Foucault, that fabled figure of postmodern antinomianism who supposedly announced the demise and ‘expulsion’ of modern law, relate to legal theory? What might it mean to bring Foucault's unruly poststructuralism ‘into law’? And with what possible effects?

Majetkové poměry manželů – unifikace kolizního práva v rámci Evropské unie

2021 ◽  
Author(s):  
Lucie Zavadilová
Keyword(s):  
Private International Law ◽  
Foreign Law ◽  
Marital Property ◽  
The Subject ◽  
General Part ◽  
The Law ◽  
Property Regimes ◽  
The Eu ◽  
Conflict Of Law

The monograph deals with the conflict-of-law regulation of matrimonial property regimes having cross-border implications and the determination of the law applicable from the perspective of Czech courts. It focuses on both the regional unification of the conflict-of-law rules adopted within the EU and the national conflict-of-law rules. The subject matter of the research constitute selected institutes of the general part of private international law and their impact on the application of the relevant conflict-of-law rules in matters of matrimonial property regimes and the law applicable. The publication also covers the topic of the treatment of foreign law as the law applicable in proceedings related to the marital property division.

TROUBLE FOR LEGAL POSITIVISM

Legal Theory ◽  
2006 ◽  
Vol 12 (3) ◽  
pp. 225-263 ◽  
Author(s):  
Danny Priel
Keyword(s):  
Subject Matter ◽  
Legal Theory ◽  
Legal Positivism ◽  
Legal Validity ◽  
Legal Norms ◽  
The Subject ◽  
The Law

Many contemporary legal positivists have argued that legal theory is evaluative because it requires the theorist to make judgments of importance. At the same time they argue that it is possible to know “what the law is” without resort to evaluative considerations. I distinguish between two senses of “what the law is”: in one sense it refers to legal validity, in another to the content of legal norms, and I argue that legal positivism is best understood (as indeed some legal positivists have explicitly said) as a claim about legal content. Understood this way, however, it is open to the objection that knowing the content of legal norms requires evaluative considerations for reasons similar to those offered by positivists for thinking that legal theory is requires evaluative considerations. I then distinguish between evaluative considerations in general and moral considerations and argue that because of the subject-matter of legal norms, there are good reasons for thinking that it is moral considerations, and not just any other evaluative considerations, that are required for knowing the content of legal norms.

scholarly journals Ustanawianie ograniczonych praw rzeczowych w prawie prywatnym międzynarodowym — uwagi na tle statutu rzeczowego i jego rozgraniczenia

2019 ◽  
Vol 24 ◽  
pp. 141-168
Author(s):  
Katarzyna Anna Dadańska
Keyword(s):  
International Trade ◽  
Property Rights ◽  
International Law ◽  
Private International Law ◽  
Tangible Object ◽  
The Subject ◽  
The Law ◽  
Historical Methods

In international trade, it is essential to determine the scope of the law applicable to property rights, i.e. the law applicable to the assessment of rights in rem. Article 41 of the Polish Private International Law Act uses the connecting factor of the situs rei. The competence of legis rei sitae regarding rights in rem should not be challenged when the subject of rights in rem is tangible property. If, however, the subject of rights in rem is not a tangible object but in a claim or other type of a right, then there is an urgent need to seek other ways of establishing the law applicable to the formation of such rights. In addition, there is a recurrent problem with the proper delimitation with the laws applicable to other issues, i.e. the determination of the law applicable to the assessment of the effectiveness of the acquisition of a limited right in rem, and the question of the so-called adaptation and qualification. The purpose of the present study is to determine the law applicable to the establishment of limited property rights. Using the dogmatic-legal, comparative and complementary historical methods, the provisions of Article 41 of the Private International Law Act are evaluated, and conclusions are drawn de lege ferenda.

scholarly journals The Marine Scientific Research Legislation and the Principles to Be Subject to Foreigners in the Subjects of Sea Creatures, Their Environment and Their Protection in Turkey Seas: Threats

2021 ◽  
Vol 9 (1) ◽  
pp. 55
Author(s):  
Raziye Tanrıverdi
Keyword(s):  
National Security ◽  
Scientific Research ◽  
Research Application ◽  
Strategic Research ◽  
Legal Procedure ◽  
Comprehensive Determination ◽  
The Subject ◽  
The Law ◽  
The Way

There is a possibility of illegal scientific and strategic research in the Turkey Seas. The comprehensive determination of the principles of marine scientific research in the Turkish Seas will play an important role in terms of national security and national interests.Marine scientific research should be regulated by law in Turkey. With the law to be regulated, diplomatic channels or to which institution to apply depending on the subject of the research, application principles, the report principles after the research, how to follow the way about the sample and material taken, legal procedure principles to be applied in case of not obtaining permission or exiting the scope of the permission, etc. should be explained.

scholarly journals "The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder

2021 ◽  
pp. 193-213
Author(s):  
Mirko Vasiljević
Keyword(s):  
Legal Theory ◽  
Company Law ◽  
Bankruptcy Law ◽  
Joint Stock Company ◽  
Stock Company ◽  
Legislation And Jurisprudence ◽  
The Public ◽  
The Subject ◽  
A Company

Company, bankruptcy and the law on takeover of joint stock companies, by regulating the duties (obligations - debtor of the obligation) of members of the management of the public joint stock company (first of all), do not have the same approach in determining the subject of protection to which there is a prescribed duty (creditor of the prescribed obligation). On the other hand, the regulation of this issue is not uniform in the relevant comparative laws of these branches of law, both at the level of legal ("hard") law as well as at the level of autonomous ("soft") law. In this paper, the author seeks, first of all, to determine the dominant position of comparative regulations regarding the determination of the subject of law (the subject of protection) of the prescribed duty of the management of a company, as well as the reasons for such determination. The author takes the position, based on the appropriate argumentation that in the company law the subject of protection is a joint stock company (company as a legal entity), in the bankruptcy law it is an unsecured creditor while in the takeover law it is a shareholder. Since there is no unique position on these issues in legal theory, legislation and jurisprudence, the author refers to this situation as a kind of "Bermuda triangle".

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