scholarly journals Postmodernity in Russian Private Law: Interaction of Legal and Judicial Doctrine

Lex Russica ◽  
2021 ◽  
pp. 102-123
Author(s):  
D. E. Bogdanov
Keyword(s):  
Interdisciplinary Approach ◽  
Private Law ◽  
Legal Doctrine ◽  
Positive Law ◽  
Judicial Doctrine ◽  
Interdisciplinary Study

The presented paper aims at revealing the essence of legal and judicial doctrine in Russian private law. The paper criticizes the position that the legal doctrine is an authoritative opinion of scientists expressed in the form of principles, theories, and concepts. This approach to legal doctrine is amorphous. Legal doctrine is a unified concept based on specific methodological foundations and developing conclusions that are in systemic unity. The legal doctrine toolkit is the alpha and omega of law. An interdisciplinary approach to the study of legal phenomena should be based on the categorical apparatus of legal doctrine, on the general doctrine of the essence and purpose of law. The result of an interdisciplinary study should be a rethinking and filling with new content of the tools already developed by the legal doctrine. The work scrutinizes the functions of legal doctrine: description of existing law (de lege lata); development of proposals for its improvement (de lege ferenda); justification and legitimization of novels. The paper concludes that the modern civil doctrine can be revealed through the postmodern concept of the rhizome, since the doctrine is becoming more international, interdisciplinary and creative. The author investigates the triad of functions of judicial doctrine, namely interpretation, addition and correction of law. It is proved that social and technological challenges predetermine the emergence of judicial doctrines aimed at rethinking and interpreting positive law, its addition and correction. The author concludes that the evolution of private law is based on the dialectical unity of legal and judicial doctrine, each of which implements its functional triad.

scholarly journals The Problem of Determining the System of Private Law and the Model Law «On Entrepreneurship»

2017 ◽  
Vol 4 (4) ◽  
pp. 13-19
Author(s):  
A A Bogustov
Keyword(s):  
Legal Regulation ◽  
Private Law ◽  
Legal Systems ◽  
Business Law ◽  
Legal Doctrine ◽  
Scientific Methods ◽  
Positive Law ◽  
Analysis And Synthesis ◽  
Model Law ◽  
Harmonization Of Law

The article examines the problems caused by the adoption of a Model law on entrepreneurship. The consequences of the possible inclusion this statute in national legal systems are analyzed. The common and private methods of scientific knowledge are put in a basis of research. At a spelling of work such general scientific methods of research, as supervision, the description, a method of the analysis and synthesis, an induction and deduction, and as methods of rather comparative-law and historical-law research were used. It is concluded that the Model Law on Entrepreneurship, which seeks to introduce the dualism of private law in the national legal systems of the post-Soviet countries, is not only unable to make legal regulation of economic activity more effective, but also to create new problems in this area. They are in the delineation of civil and business law, the impossibility of clearly establishing the boundaries of their actions, duplicating the legal material. In addition, there arise the question of the need to adopt certain model laws both in terms of their practical influence on the development of positive law and the improvement of legal doctrine. Inadequate scientific justification of the recommendations may lead to the rejection of their national legislators and the impracticability of the harmonization of law in the post-Soviet space.

scholarly journals Carnavalesk taalgebruik en de constructie van lokale identiteiten

2012 ◽  
Vol 1 (1) ◽  
pp. 15-40 ◽  
Author(s):  
Leonie M.E.A. Cornips ◽  
Vincent de Rooij ◽  
Irene Stengs
Keyword(s):  
Interdisciplinary Approach ◽  
Integrated Analysis ◽  
Cultural Elements ◽  
Language And Culture ◽  
Norms And Values ◽  
Southern Netherlands ◽  
Interdisciplinary Study ◽  
The City ◽  
Selection Of

This article aims to encourage the interdisciplinary study of ‘languaculture,’ an approach to language and culture in which ideology, linguistic and cultural forms, as well as praxis are studied in relation to one another. An integrated analysis of the selection of linguistic and cultural elements provides insight into how these choices arise from internalized norms and values, and how people position themselves toward received categories and hegemonic ideologies. An interdisciplinary approach will stimulate a rethinking of established concepts and methods of research. It will also lead to a mutual strengthening of linguistic, sociolinguistic, and anthropological research. This contribution focuses on Limburg and the linguistic political context of this Southern-Netherlands region where people are strongly aware of their linguistic distinctiveness. The argument of the paper is based on a case study of languaculture, viz. the carnivalesque song ‘Naar Talia’ (To Italy) by the Getske Boys from the city of Heerlen.

Convergence and overwriting: Toward an interdisciplinary study of memory

2018 ◽  
Vol 13 (6) ◽  
pp. 1337-1351
Author(s):  
Petar Ramadanovic
Keyword(s):  
Cognitive Science ◽  
Cultural Theory ◽  
Interdisciplinary Approach ◽  
Interdisciplinary Study

This article turns to the debate that followed Paul Connerton’s “Seven Types of Forgetting” to demonstrate how a cultural theory of forgetting can be updated to agree with cognitive science. The article goes on to show what an interdisciplinary approach to memory might look like based on the post-structuralist notion of memory as a substitute or supplement.

scholarly journals Interdisciplinary Approach to Studying the Text of the Qur’ān

2021 ◽  
Vol 16 (4) ◽  
pp. 51-61
Author(s):  
O. I. Redkin ◽  
O. A. Bernikova
Keyword(s):  
Information And Communication Technologies ◽  
Interdisciplinary Approach ◽  
Communication Technologies ◽  
Digital Processing ◽  
Arabic Language ◽  
Automatic Data ◽  
Islamic Period ◽  
Information And Communication ◽  
Interdisciplinary Study ◽  
Textual Research

The article examines the language of the Qur’ān as an object of interdisciplinary study. Based on the research of the periods of the formation of the text of the Qur’ān and the available approaches to its description, the authors compare history and modernity, determining the prospects for the development of the Qur’ānic studies. As an example of particular areas of scholar research, the paper considers Qur’ān manuscript as an object of separate research. The authors cite both classical methods of codicological research and available solutions for digital processing of Arabographic manuscripts. Attention is also paid to the study of the language of the Qur’ān in a historical perspective through the development of the Arabic linguistic tradition. Another example of the application of an interdisciplinary approach was the study of the possibilities of carrying out linguistic analysis of the text of the Qur’ān using methods of automatic data processing. The effectiveness of methods of sentiment analysis was also considered. The use of Information and Communication Technologies in humanities in general, and the possibilities of processing Arabographic text in particular, have created new methods and perspectives for the development of the Qur’ānic Studies. An analysis of the Qur’ānic corpus, the use of artificial intelligence methods in conducting textual research will make it possible to verify some facts related to the historical development of the Arabic language, to reconstruct certain features of the linguistic situation on the Arabian Peninsula in the pre-Islamic period, as well as in the first centuries of Islam. In this regard, it is necessary to consider the Qur’ānic text in all its diversity using both traditional and innovative research methodologies, including taking into account the latest achievements of the humanities and natural sciences.

Las limitaciones jurisprudenciales del recurso indirecto contra reglamentos

2014 ◽  
pp. 1199-1215
Author(s):  
Gustavo Manuel DÍAZ GONZÁLEZ
Keyword(s):  
Legal Doctrine ◽  
Spanish Constitution ◽  
Judicial Doctrine

LABURPENA: Lan honetan iruzkin kritikoa egiten zaio Auzitegi Gorenaren jurisprudentziari; erregelamendu-xedapenen jurisdikzio-kontrolaren alorrean, inolako arrazoirik gabe baztertu du prozedura-edukia duten arauak zeharkako errekurtsoan auziperatzeko kanon gisa erabiltzeko aukera. Lan honetan, gainera, doktrina horren jatorria aztertzen da; 1978ko Konstituzioa baino lehenagokoa da, eta, beraz, egun indarrean ez dauden premisetan oinarritzen da. Laburbilduz, azterlanak proposatzen du gainditu egin behar dela jurisprudentziamuga hori, eta zorrozki aplikatu behar dela indarrean dagoen araudiak legez kanpoko erregelamenduari ezartzen dion baliogabetasun-zehapena. RESUMEN: El presente trabajo constituye un comentario crítico de la jurisprudencia del Tribunal Supremo que, en materia de control jurisdiccional de las disposiciones reglamentarias, ha excluido de forma injustificada la utilización de las normas de contenido procedimental como canon de enjuiciamiento en el recurso indirecto. En él se analiza, además, el origen de esta doctrina, anterior a la aprobación de la Constitución de 1978, y basada, por tanto, en presupuestos que hoy no se pueden considerar vigentes. El estudio propone, en síntesis, la superación de esta limitación jurisprudencial y la rigurosa aplicación de la sanción de nulidad que la normativa en vigor impone al reglamento ilegal. ABSTRACT: This paper aims to critically comment those Supreme Court’s rulings regarding the validity of governmental decrees in which the possibility of taking into account procedural rules in the indirect appealing has been excluded. In this paper, the origins of this judicial doctrine will also be analyzed. In fact, being developed before the approval of the Spanish Constitution in 1978, such doctrine is based upon legal propositions which have been, already, overcome. To sum up, the purpose of this work is to surpass the limitations of the current legal doctrine, while claiming for the strict application of the sanction of nullity imposed to illegal governmental decrees by the legislation currently in force.

The Possibilities and Perils of Legal Studies

1991 ◽  
Vol 6 ◽  
pp. 1-26 ◽  
Author(s):  
Neil Sargent
Keyword(s):  
Professional Practice ◽  
Primary Source ◽  
Interdisciplinary Approach ◽  
Legal Doctrine ◽  
Legal Studies ◽  
Intellectual Inquiry ◽  
Privileged Status ◽  
Knowledge Claims ◽  
Intellectual Climate ◽  
Object Of Knowledge

AbstractThe paper explores the possibilities and perils of an interdisciplinary approach to legal studies emerging as an alternative intellectual paradigm to the doctrinal tradition within legal scholarship. The privileged status accorded to the doctrinal tradition within the legal academy is sustained by its continued importance in providing a link between law as a field of intellectual inquiry and law as a field of professional practice. Despite the promise of a more pluralistic intellectual climate within the legal academy, it seems unlikely that an interdisciplinary approach to legal studies will succeed in challenging the preeminence of legal doctrine as the primary source of professional-knowledge claims about law. At the same time, however, any attempt to claim legal studies as a separate field of intellectual inquiry outside the legal academy confronts many of the same doubts about the nature of law as a unitary object of knowledge as the doctrinal tradition from which it seeks to distance itself. The paradox of the legal studies project is that whenever it tries to free itself from the embrace of the doctrinal tradition, it confronts epistemological doubts about the conditions for its own existence. It appears, therefore, that the legal studies project is destined to continue its labours in the shadow of the law.

scholarly journals MANAGEMENT OF 20TH CENTURY HYDROELECTRIC PLANTS AS INDUSTRIAL HERITAGE

2019 ◽  
Vol XLII-2/W11 ◽  
pp. 685-692
Author(s):  
N. Kuban ◽  
İ. T. Güven ◽  
M. Pretelli
Keyword(s):  
20Th Century ◽  
Preventive Measures ◽  
Hydroelectric Plant ◽  
Management Strategies ◽  
Interdisciplinary Approach ◽  
Scientific Data ◽  
Industrial Heritage ◽  
The Social ◽  
Hydroelectric Plants ◽  
Interdisciplinary Study

<p><strong>Abstract.</strong> By rapidly increasing the production of energy and widely extending the usage of electricity in the 20th century, hydroelectric plants and dams have radically affected the social, technological and industrial aspects of the period. Therefore, as an integral part of industrial heritage, the cultural assets of these energy facilities are required to be preserved. As a requirement of this hypothesis, it is necessary: to develop management strategies for these assets; to provide scientific data and information on these buildings / facilities; to define criteria of ‘planned conservation’ with long-term preventive measures in order to provide the continuation of the original function as long as possible. Hydroelectric plants are a common subject of interest for several disciplines, such as: engineering, hydrology, ecology, geo-sciences and remote sensing. Therefore, the conservation of the plants also requires the interdisciplinary study and collaboration of these disciplines.</p><p>Within the study, the considerations of an interdisciplinary approach – such as dam safety, ecological concerns and energy requirements – are presented, and examples from different countries are examined through the framework of architectural conservation, considering cases of dam failures, intended removal of dams and upgrading of facilities. Preventive measures for the planned conservation of hydro electrical facilities such as: constant maintenance of technical components; management of the sediment accumulated in the reservoirs; methods of analysis for the structure of the embankment are introduced briefly, concentrating on gravity dams, in order to provide conclusions for the conservation of Sarıyar Dam and Hydroelectric Plant (1956) in Turkey.</p>

scholarly journals UPAYA PERDAMAIAN UNTUK PENYELESAIAN PERKARA PIDANA Reaktualisasi Kearifan Lokal dalam Hukum pidana Indonesia

2021 ◽  
Vol 10 (2) ◽  
pp. 171
Author(s):  
Rusjdi Ali Muhammad
Keyword(s):  
Islamic Law ◽  
Public Law ◽  
Customary Law ◽  
Private Law ◽  
Criminal Cases ◽  
Peace Agreement ◽  
Positive Law ◽  
Peace Settlement ◽  
Rape Case ◽  
Settlement Of Disputes

One characteristic of Islamic law is not explicitly distinguished between the domain of public law with private law. Sanctions for deliberate murder is Qisas for example, where the victim's heirs have more permanent role to choose the death penalty imposed (Qisas) or give forgive me by asking Diyat (compensation). Amount number of Diyat is also can be negotiated through a kind of mediation method called Shulh (peace). So here the element of private law is more dominant. Even Diyat can be released at all heirs of the victim initiatives. In this last case the State may punish the offender with ta'zir, so here its public law elements recur. This idea is not unknown in Indonesian positive law provisions. The victim had usually been involved as a witness in his father murder case or rape case against her. In customary law in Aceh there are several institutions in efforts to realize peace for criminal cases, namely in the form of adat meulangga, dhiet, sayam or takanai (South Aceh). Principles of peace settlement of disputes may also be considered not only for civil cases but also in criminal cases. Thus the doctrine that says the criminal nature of a case will not remove although there is peace agreement, would need to be revisited. However it is important also to restrict that not every criminal case could be solved by peace agreement. Criminal cases like premeditated murder and rape should be excluded from the possibility of peace agreement. 

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals PERLINDUNGAN HUKUM TERHADAP ISTRI DAN ANAK HASIL POLIGAMI SIRRI DI LOMBOK

2017 ◽  
Vol 4 (1) ◽  
pp. 111
Author(s):  
Muhlas Muhlas
Keyword(s):  
Legal Issues ◽  
Legal Doctrine ◽  
Positive Law

Fanaticism on the teachings of Islam in Lombok is very strong, many unregistered marriagesand divorce outside their congregation believes that it is legitimate according to religion and themajority of Lombok people’s belief, but it does not affect the low protection of wives and childrenof polygamy sirri. In this paper the author tries to explore the weaknesses of legal protectionof wives and children resulting from polygamy sirri in Lombok today By using the approachof social legal risecht, which is used in research based on the paradigm of constructivism theauthor seeks to find legal issues faced by the wife and child results Polygamy sirri in Lombok.The result is polygamy sirri which is continuously done by people who only rely on fikh doctrinewithout regard to other legal doctrine (Positive law) it will cause discrimination to woman (wife)and child because do not have base of protection.

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