scholarly journals Emancipación, Descolonización y Uso del Derecho.

Anduli ◽  
2021 ◽  
pp. 253-268
Author(s):  
Daniel J. García-López ◽  
Luísa Winter-Pereira

In this paper we defend the proposition that the law, which has emerged since the 16th century (in conjunction with State, capitalism and subject), maintains an eminently colonial root and has as its objective its own expansion. We propose the term matrix of legalcolonial intelligibility to explain how a naturalization of the legal phenomenon is produced and used to construct the fiction of its universality and its timelessness. From this concept of law, we consider the place of subjectivity in the question of emancipation and decolonization, concluding with the need to think of the category “use” as a line of escape from the matrix of legal-colonial intelligibility

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.


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....


2006 ◽  
Vol 14 (1) ◽  
pp. 111-127
Author(s):  
SERGE GRUZINSKI
Keyword(s):  

Starting from an analysis of the recent film The Matrix, and emphasizing its millenarian and messianic components, the article goes on to consider the importance of millenarian and messianic movements in the Old World (especially Spain and Portugal) and the New world (especially Mexico, Peru and Brazil) in the 16th century, noting Tommaso Campanella's expectation of an imminent world monarchy. The conclusion is that these movements offered a privileged space for different religions to interact and to mix.


2019 ◽  
Vol 2 (4) ◽  
pp. 307
Author(s):  
Hasan Şehmuz Haştemoğlu ◽  
Engin Kepenek

The Mevlevism order was established in the Seljuk period in Anatolia in the thirteenth century. After the death of Mevlana Celaleddin-i Rumi, his son Sultan Veled systemized his father's thoughts and created his own rules and brought the rituals to a ceremony in the form of sema ceremonies. Sultan Veled gave the name “Mevlevism” to his sect and was called “Mevlevihan” to his Dervish Houses. Nearly 140 Mevlevihane building was established in a wide geography which its east is in Tabriz (Iran), west is in Pecu (Hungary), north is in Gözleve (Ukraine), South is in Cairo (Egypt) and Mecca in Saudi Arabia. Nearly 80 of these Dervish Houses remained in the Republic of Turkey. After the declaration of Turkish Republic, these Dervish Houses were closed in 1925 by the law of “closure Tekkes and Zaviyes”, no. 677. There are two kinds of Mevlevihan, which are “Asitane” and “Zaviye”. Mevlevihan called Asitane are the main Dergahs which are full-fledged and has removing “ordeal” possibilities. The number of Asitane constructions is around 15 in all Mevlevihan buildings. Another Mevlevihan building is Zaviye. Zaviye were ruled by Mevlevi, who has the title of “şeyh” and “dede”. Many of the Mevlevihan become a historical monument because of their architectural style and construction date. However, most of these structures have been ruined over the years. Apart from a small number of Mevlevihan, which was established as "Külliye", "Semahane" parts of these Mevlevihan were used as mosques and remained up to date. When the architectural programs of the Mevlevihans are examined, it is seen that the Mevlevihans, which were settled down in 13th century have an architectural program after the 16th century and they take Konya Mevlana Dergah as an example. However, it is not possible to mention about same sized and specified spaces in all the Mevlevihans. There are similar sections only in the large- scale Mevlevihans which are “Asitane” status. In this study, an evaluation and classification study was carried out on the architectural formation of the Mevlevihans one of the Dervish constructions in Islamic architecture which attracted attention with its wide geography.


2018 ◽  
Author(s):  
Jan Christoph Suntrup

According to one of the great narratives of political and legal thinking, law is a peace order that eliminates conflicts or even counters chaos and violence by way of the implementation formations of civil order. Nevertheless, law is not only the scene of numerous social and political struggles and legal conflicts, but sometimes provokes new conflicts through its procedures, norms and categories. The focus of this study is the analysis of cultural conflicts, which - not least due to the dynamics of globalization, Europeanization and migration – are at play inside the law or are ignited by it. The cultural science perspective adopted here is based on the explication of a multi-dimensional concept of law that encompasses norms, validity narratives, forms of organization, epistemic prerequisites and effects as well as symbols and rituals of law. This conceptualization is intended to prevent the assumption that 'law' is a uniform object, since it proves to be plural, controversial and dynamic in terms of its content as well as its form. The supplementation of the theoretical-conceptual development of such a concept of law by empirical studies of various legal-pluralistic constellations and struggles brings to light politically charged as well as subliminal cultural conflicts.


2009 ◽  
Vol 19 (03) ◽  
pp. 337-345 ◽  
Author(s):  
JUAN C. BENJUMEA ◽  
JUAN NÚÑEZ ◽  
ÁNGEL F. TENORIO

This paper shows an algorithm which computes the law of the Lie algebra associated with the complex Lie group of n × n upper-triangular matrices with exponential elements in their main diagonal. For its implementation two procedures are used, respectively, to define a basis of the Lie algebra and the nonzero brackets in its law with respect to that basis. These brackets constitute the final output of the algorithm, whose unique input is the matrix order n. Besides, its complexity is proved to be polynomial and some complementary computational data relative to its implementation are also shown.


2017 ◽  
Vol 49 (2) ◽  
pp. 295-314 ◽  
Author(s):  
Abdurrahman Atçıl

AbstractThis article investigates the opinions of three senior Ottoman jurists, Sarıgörez (d. 1522), Kemalpaşazade (d. 1534), and Ebussuud (d. 1574), on the subject of the Safavids and their supporters. Historians have treated these opinions as part of the vast polemical literature uniformly intended to justify an impending Ottoman attack against their Safavid rivals. Questioning the notion that all authors shared an undifferentiated attitude, this article underlines that, unlike most polemical literature, the opinions of these three jurists focused on the religiolegal aspects of the Safavid issue and varied and evolved in line with changing historical realities, the jurists’ divergent assessments of the Safavid threat, and their preference for different jurisprudential doctrines. Based on an analysis of the opinions, I argue that these jurists assumed a high degree of autonomy as producers and interpreters of the law and thus did not necessarily feel obliged to legitimate or excuse every imperial action.


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.


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