scholarly journals Jurisprudence in the Era of Change: Subject and Structure of the Discipline

Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 88-117
Author(s):  
Yu. A. Vedeneev
Keyword(s):  
General System ◽  
Political Sciences ◽  
Legal Science ◽  
History Of ◽  
The Law ◽  
The Concept Of Law ◽  
Theory Of Law ◽  
Concept Representations ◽  
Canonical Texts ◽  
Concept Of Law

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.

On Two Functions of Notions in Scientific Knowledge of Law

10.12737/5497 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 18-25
Author(s):  
Ерзат Бекбаев ◽  
Erzat Bekbaev
Keyword(s):  
Scientific Knowledge ◽  
The Other ◽  
Logical Function ◽  
Complete Knowledge ◽  
Science Theory ◽  
The Law ◽  
The Concept Of Law ◽  
Theory Of Law ◽  
Amount Of Knowledge ◽  
Concept Of Law

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.

The Concept of Law

1950 ◽  
Vol 10 (3) ◽  
pp. 423-431
Author(s):  
B. E. King
Keyword(s):  
Social Sciences ◽  
Legal Theory ◽  
Legal Science ◽  
The Social ◽  
Points Of View ◽  
The Concept Of Law ◽  
Theory Of Law ◽  
Final Work ◽  
Concept Of Law

Twenty years ago Mr. Cairns set himself the task of looking at law from three points of view, that of the social sciences, that of logic and the empirical sciences, and that of philosophy. Law and the Social Sciences was published in 1935, the Theory of Legal Science in 1941. The volume under review completes the trilogy. The object of all these volumes is the same—‘To construct the foundation of a theory of law which is the necessary antecedeat of a possible jurisprudence’. All those who have come under the spell of Mr. Cairns' stimulating thought will look forward with the greatest interest to the application and expansion of his conclusions which is now promised us in a projected final work, The Elements of Legal Theory.

scholarly journals THE CHOICE OF AN OBJECT OF STUDY IN THE THEORY OF LAW

2020 ◽  
Vol 24 (3) ◽  
pp. 530-546
Author(s):  
Erzat Z. Bekbaev
Keyword(s):  
General Theory ◽  
Modern Science ◽  
Written Language ◽  
Legal Science ◽  
The World ◽  
Fundamental Research ◽  
The Concept Of Law ◽  
Theory Of Law ◽  
Object Of Study ◽  
Concept Of Law

The relevance of the problem of choosing the object of study in the theory of law is determined by the need to tackle the debatable issue of pluralism in understanding of law. It is noted that one of the reasons for theoretical and legal pluralism on the concept of law is the lack of uniform criteria for identifying the object of study in the general theory of law. The situation with the concept of law in legal science, including with the pluralism of opinions, is considered largely as a result of the scientists and practitioners attitude described as first understand the law and then create a single concept of law. The fundamental research carried out in legal science and wide discussions on the concept of law are taken as positive; one of the parameters is the principle of separation of the object and subject of legal science. It is shown that when constructing a scientific theory of law, the primary question is the object of study, that is, the question of law itself as a special fragment of the real world, but not a disputable issue of the concept of law. However, in practice, when identifying the object of scientific knowledge in the general theory of law, scholars choose to study the most diverse fragments of the world, although they designate them with the same term law. Since various objects called law are subjected to scientific research, one cannot expect to derive a single concept of law. With regard to the analysis of the concept of law and the data of modern science, the following set of attributes for identifying law as an object of study in law theory is proposed for consideration: Law is a set of social norms enshrined in written language by the state and designed for people to interact with each other and with public authority such as state and other entities.

Law and Protestantism in Denmark

2016 ◽  
Vol 102 (1) ◽  
pp. 406-418
Author(s):  
Ditlev Tamm
Keyword(s):  
Criminal Law ◽  
Marriage Law ◽  
The Reformation ◽  
The Law ◽  
The Concept Of Law ◽  
The Church ◽  
Concept Of Law ◽  
Catholic Bishops

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.

Introduction: The Guiding Ideas

2018 ◽  
Author(s):  
Philip Pettit
Keyword(s):  
Undergraduate Student ◽  
The Law ◽  
The Concept Of Law ◽  
Scholastic Philosophy ◽  
Concept Of Law

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....

scholarly journals methodological conflict between theory and philosophy of law

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Sergey S. Shestopal ◽  
Elena A. Kazachanskaya ◽  
Svetlana V. Kachurova ◽  
Evgeniy V. Kachurov
Keyword(s):  
Modern Philosophy ◽  
Ontological Status ◽  
Philosophy Of Law ◽  
Legal Science ◽  
Scientific Disciplines ◽  
The Subject ◽  
The Law ◽  
Theory Of Law

The subject of this research is the recently intensified competition in modern jurisprudence of two equally respectable scientific disciplines: philosophy of law and theory of law. The goal is to demarcate the meaning of these concepts. Their ontological status (essential significance) in relation to the existence of the law, the reflection of which they are, is also considered. Based on analysis of the existential criticism of the dominant forms of modern ideology, it is proved that the existing theories of law depend on these forms. A stable tendency in modern philosophy to return legal science to the origins of philosophical knowledge of legal reality is stated.

Carl Schmitt and International Law

2015 ◽  
Author(s):  
Martti Koskenniemi
Keyword(s):  
International Law ◽  
Doctoral Dissertation ◽  
League Of Nations ◽  
Carl Schmitt ◽  
Legal Realism ◽  
Treaty Of Versailles ◽  
History Of ◽  
History Of International Law ◽  
Theory Of Law ◽  
Concept Of Law

Carl Schmitt always presented himself and was above all a jurist. His doctoral dissertation was based on an antiformal theory of law that was also in evidence in his acerbic critics of the League of Nations and the system of control over Germany established in the Treaty of Versailles. This chapter shows that the concrete-order thinking of his later years espoused a more conventional legal realism that has always constituted an important stream of international jurisprudence. Schmitt’s main postwar work, Nomos der Erde, puts forward an influential view of the history of international law as inextricably entangled with the imperial pretensions. This chapter argues that the much-cited book, together with Schmitt’s polemical concept of law and his critiques of the discriminatory concept of war, has proven a fruitful basis for much of today’s postcolonial jurisprudence.

Law and Protestantism in Denmark

2016 ◽  
Vol 102 (1) ◽  
Author(s):  
Ditlev Tamm
Keyword(s):  
Criminal Law ◽  
Marriage Law ◽  
The Reformation ◽  
The Law ◽  
The Concept Of Law ◽  
The Church ◽  
Concept Of Law ◽  
Catholic Bishops

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.

scholarly journals KONSEP HUKUM KOPERASI MODERN BAGl KOPERASI SEBAGAI ORGANISASI PERUSAHAAN BERSTATUS BADAN HUKUM SEMPURNA

2009 ◽  
pp. 201
Author(s):  
Myra Rosana
Keyword(s):  
International Community ◽  
Business Culture ◽  
Cooperative Movement ◽  
The Law ◽  
Business Entities ◽  
The Concept Of Law ◽  
Concept Of Law

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.

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

2015 ◽  
Vol 11 (1) ◽  
pp. 71
Author(s):  
Arnar Þór Jónsson
Keyword(s):  
The Other ◽  
Law And Society ◽  
Sharp Distinction ◽  
Basic Concepts ◽  
The Law ◽  
The Concept Of Law ◽  
Made In ◽  
Concept Of Law

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.

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