scholarly journals Lögin sem einingarband samfélagsins - Íhuganir um samhengi laga og samfélags

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.

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

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....


2017 ◽  
Vol 99 (1) ◽  
Author(s):  
Matias Slavov

Abstract:Given the sharp distinction that follows from Hume’s Fork, the proper epistemic status of propositions of mixed mathematics seems to be a mystery. On the one hand, mathematical propositions concern the relation of ideas. They are intuitive and demonstratively certain. On the other hand, propositions of mixed mathematics, such as in Hume’s own example, the law of conservation of momentum, are also matter of fact propositions. They concern causal relations between species of objects, and, in this sense, they are not intuitive or demonstratively certain, but probable or provable. In this article, I argue that the epistemic status of propositions of mixed mathematics is that of matters of fact. I wish to show that their epistemic status is not a mystery. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle, unlike the propositions of pure mathematics.


2014 ◽  
Vol 22 (S1) ◽  
pp. S50-S86 ◽  
Author(s):  
Martin Quack

After a brief introduction to the basic concepts including some questions of language, the first part of this paper provides a brief survey of the historical development of laws and models in Chemistry, in particular atomic and molecular models. In the second part this paper deals with the fundamental role of the observation of symmetry violations in physics and chemistry in understanding the most ‘fundamental laws’ and current efforts towards such studies by means of high resolution spectroscopy of molecules. We conclude with a brief discussion of the implications for current unsolved problems in astrophysics and biology.


to-ra ◽  
2016 ◽  
Vol 2 (1) ◽  
pp. 305
Author(s):  
Nurdin Siregar ◽  
Radisman Saragih

Arbitration is a way of solving civil disputes outside the public courts based the arbitration agreement made in writing by the parties to the dispute. The arbitration agreement is an agreement in the form of the arbitration clause contained in a written agreement made by the parties before a dispute arises or a separate arbitration agreement made by the parties after a dispute arises. In everyday life with various activities of members of today’s society, immense possibility of friction-friction in running business and trade that ended with disputes between members of the public and businesses. In efforts to completion, it would seem that this form of dispute diversity define the core issues then this diversity will be easy settlement with the provisions and rules of law that are sure to be able to look for the solution either arbitration or by mediation, consulting, negotiations, konsialiasi. The arbitration decision will be implemented after the verdict copy officially registered, but the arbitration ruling in accordance with the provisions of the law Arbitration can still be filed annulment if the decision is thought to contain elements, letters or documents are filed in the examination after the verdict recognized dinyataakan counterfeit or fake, after adjudication documents found prescriptive, which is hidden by the other party or the decision taken on the results of a ruse conducted by one of the parties in the dispute. That for legal certainty associated with the judiciary also good for the winning side and the decision is legally binding.   Kata Kunci: Penyelesaian sengketa bisnis melalui arbitrase  


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.


2017 ◽  
Vol 18 (2) ◽  
pp. 255-270
Author(s):  
Franz Reimer

This Article questions in what sense law in the German tradition has been—and can still be—considered a form of culture. The Article offers an overview of traditional approaches to law and culture in German Legal Theory and the Theory of Methods, and argues that the law has shifted from being perceived as culture during the nineteenth and early twentieth centuries to being in contrast with culture, which is considered the “other” of the law. Mediated by “legal culture,” the discourse pendulum has swung back to the notion of “Law as Culture” during the last three decades. Thomas Gutmann, the German lawyer, has fiercely challenged equating law with culture, describing it as “murky” and irrelevant. Similarly, the concept of “Law as Culture” is questioned by the provocations of “Law and Affect.” This Article claims that, irrespective of conceptual framework trends, applying the law remains a highly challenging cultural practice in terms of both fact-finding and interpreting legal norms.


1975 ◽  
Vol 10 (3) ◽  
pp. 293-323 ◽  
Author(s):  
Peter Elman

Very soon after the establishment of the State (and as an important part of its constitutional structure) the office of State Comptroller, responsible to the Knesset alone and independent of the Government, was established under statute—the State Comptroller Law of 1949. After undergoing a number of amendments, the Law was eventually replaced in 1958 by a Consolidated Version but without any substantive change being made in the functions and powers of the Comptroller, a fact which goes far to demonstrate the proven worth of the office.Briefly, the functions of the Comptroller are to carry out “inspection of the finances and the management of the finances and the property and administration of the State and of the bodies subject to the inspection of the Comptroller, and to perform the other functions assigned to the Comptroller by this Law”.The bodies subject to inspection include, in addition to every government department, state enterprises and institutions and local authorities, persons or bodies holding, otherwise than under contract, or managing or controlling any state property or funds in the management of which the Government has a share or which are made subject to inspection by the Knesset or by agreement with the Government.


1963 ◽  
Vol 21 (2) ◽  
pp. 270-303
Author(s):  
B. E. King

There are but a few days—of who shall say what importance—between the Julian and Gregorian calendars, considered as schemes for the interpretation of recurrent movements in our solar system. And yet, from the point of view of each, the other seems somewhat out in respect of the characterisation of nearly every year, month, week and individual day. The gap between the legal theories of John Austin and Professor Hart—between their models of the legal universe—is somewhat more than this. Its demonstration provides the foundation for Professor Hart's new book. But there may here be some analogy to what divides the concept of law, as elucidated by Professor Hart in terms of rules, from the concept of law as a system of action constructed by the writer in earlier numbers of this Journal. If Professor Hart now reveals himself as conceptual pragmatist as well as linguistic philosopher the writer's gratitude to Professor Hart in the latter capacity is only tinged with regret that he does not display greater boldness in the former.


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