FORMATION OF A LIBERTICAL-LEGAL CONCEPT OF LAW IN THE CONDITIONS OF THE MODERN LEGAL SYSTEM OF RUSSIA

2020 ◽  
pp. 154-164
Author(s):  
S.B. Bokach ◽  
Keyword(s):  
Legal System ◽  
Legal Concept ◽  
Concept Of Law

KONSTITUSI EKONOMI SYARIAH DI INDONESIA

2017 ◽  
Vol 11 (2) ◽  
pp. 161-74
Author(s):  
Syaugi Syaugi
Keyword(s):  
Economic System ◽  
Legal System ◽  
The State ◽  
Economic Life ◽  
Legal Concept ◽  
Economic Law ◽  
National Economic ◽  
Economic Ideology

    As a constitution, the Indonesian Constitution of 1945 regulates how the national economic system should be arranged and developed. In the perspective of constitution, the implementation of sharia economy does not mean the state directs a particular economic ideology. Philosophically, the ideals of Indonesian economic law is to initiate and prepare the legal concept of economic life. Shariah economy has a strong foundation both formally shariah and formallyconstitution. Formally shariah means the existence of shariah economy has a strong foundation in Indonesian legal system. Formally constitution means, in the context of the state, Shariah economy has a constitutional basis. The existence of laws relating to shariah economy shows that the Indonesian economic system givesa place to the shariah economy.

scholarly journals Igualdad y prohibición de discriminación: de 1978 a 2018 // Equality and prohibition of discrimination: from 1978 to 2018

2017 ◽  
Vol 1 (100) ◽  
pp. 125
Author(s):  
Fernando Rey Martínez
Keyword(s):  
Sexual Orientation ◽  
Legal System ◽  
Racial Equality ◽  
Strict Sense ◽  
Equal Opportunities ◽  
Classical Concept ◽  
Legal Concept ◽  
Direct Discrimination ◽  
Positive Discrimination ◽  
The Law

Resumen:A lo largo de los cuarenta años de vigencia de la Constitución de 1978, el tradicional derecho de igualdad se ha visto enriquecido por la emergencia de una nueva rama del ordenamiento jurídico: el Derecho Antidiscriminatorio. En el texto se traza la gramática conceptual de las nuevas categorías y su desarrollo jurisprudencial.El estudio analiza qué significa hoy la igualdad en sentido jurídico preciso, qué comprende la prohibición constitucional de no sufrir discriminación en general y también respecto de la igualdad entre mujeres y hombres, la igualdad étnico/racial, la igualdad de las personas con cualquier tipo de discapacidad o por motivos de orientación e identidad sexuales.Summary:1. Sense and scope of constitutional equality 1.1 Introduction: from the classical concept of equality to new anti-discrimination law. 1.2 The legal concept of equality. 1.3 Equality in (the content) of the law and equality before (or in application) the law. 1.4 «Formal» or «legal» equality and «real» or «opportunity» equality. 1.5 Discrimination by indifferentiation. 2. Equality and prohibition of discrimination in strict sense. 2.1 Equality of Treatment. 2.1.1 Direct discrimination or treatment. 2.1.2 Indirect or impact discrimination. 2.1.3 Discrimination wrong, hidden and by association. 2.1.4 Multiple Discrimination. 2.2 Equal Opportunities: positive actions and positive discrimination. 3. Discrimination by sex / gender 3.1 Situation of the problem and regulatory framework. 3.2 Relevant jurisprudence. 4. Discrimination by ethnicity / race. 5. Discrimination for disability. 6. Discrimination by sexual orientation and identity.Abstract:Throughout the forty years of validity of the 1978 Constitution, the traditional right of equality has been enriched by the emergence of a new branch of the legal system: Anti-Discriminatory Law. The text draws the conceptual grammar of the new categories and their jurisprudential development. The study analyzes what equality means in a precise juridical sense, which includes the constitutional prohibition against discrimination in general and equality between women and men, ethnic / racial equality, equality of persons with any type of disability or for reasons of sexual orientation and identity.

Rethinking the Traditional Interpretation of Anti-Positivist Theories

2019 ◽  
pp. 29-60
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Legal System ◽  
Natural Law ◽  
The One ◽  
Concept Of Law

This chapter challenges the traditional interpretation of classical natural law theories and Dworkinian interpretivism. It argues that these theories are best construed as explicating a different concept of law than the one positivism seeks to explicate. The concept that positivism seeks to explicate is a purely descriptive concept that applies to any norm that has been recognized, applied, or enforced in something that counts as a legal system. In contrast, the concept that classical natural law theories and interpretivism seek to explicate is more aptly construed as grounded in the descriptive concept that positivism seeks to explicate but also has evaluative content that applies only to valid norms that can be characterized as law “in the fullest sense.” Thus construed, these theories complement rather than rival positivism and are hence misleadingly characterized as “anti-positivist.”

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

scholarly journals The Question To Be Faced Is One of Fact: H.L.A. Hart’s Legal Theory Through His View of International Law

2021 ◽  
pp. 1-13
Author(s):  
Giovanni Bisogni
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Theory ◽  
Borderline Case ◽  
Borderline Cases ◽  
Central Case ◽  
The Concept Of Law ◽  
Domestic Law ◽  
Concept Of Law

H.L.A. Hart says that The Concept of Law is focused on municipal or domestic law because that is the “central case”1 for the usage of the word ‘law.’ At the beginning of the book he states that “at various points in this book the reader will find discussions of the borderline cases where legal theorists have felt doubts about the application of the expression ‘law’ or ‘legal system,’ but the suggested resolution of these doubts, which he will also find here, is only a secondary concern of the book.”2 Yet among those borderline cases there is one that is rather intriguing, since Hart closely discusses a particular instance of them: it is international law, to which he devotes an entire chapter—the final one—of The Concept of Law. My goal in this article is therefore to make clear why the ‘resolution’ of the borderline case of international law is not entirely ‘secondary’ to Hart’s overall project in The Concept of Law and, in so doing, to show that Chapter X is not as unhappy as many think it is.

scholarly journals Environmental Dispute Resolution Through Class Action Lawsuit

2020 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
K. Tjukup ◽  
P.R. A. Potra ◽  
P.A.H. Martana
Keyword(s):  
Supreme Court ◽  
Environmental Protection ◽  
Legal System ◽  
Active Role ◽  
The United States ◽  
Civil Procedure ◽  
Class Action ◽  
Legal Concept ◽  
Procedural Law ◽  
The Supreme Court

The procedural  law  of Class Action  is  a legal  concept  known  in  the Anglo-Saxon  legal  system  (Common  Law). Whilst  this  concept  is  not  recognised   in  the  Continental  European  legal  system  (Civil  Law),  likewise  in  Indonesian  civil procedure  that based on Herzien Inlandsch Reglement (H.I.R) and Rechtsreglement  voor de Buitengewesten  (RBg). Initially, the procedural  law of class action in Indonesian  legal  system was arranged consecutively under Law No. 23 of 1997  (Environmental Protection  Law), Law No.  8  of  1999  on Consumer Protection  and Law No. 41 of  1999  on Forestry.  The arrangement  of class action lawsuit  in the substantive  law was inspired by the recognition  of class action lawsuit  in the United  States through Article 23 of the US Federal  Rule of Civil Procedure  prescribing  that the requirements  for filing class action  lawsuit are as follows: numerosity,  commonality, typicality,  and adequacy of representation.  In Indonesia there is no procedural  law setting out the class action  lawsuit,  thus  Supreme  Court  Regulation   No.   1      of  2002  was  enacted.  The  replacement   of Law  No.  23  of  1997 (Environmental  Protection Law) by Law No. 32 of 2009 (Environmental  Protection and Management Law) allows the application of the class action with reference to this Supreme Court Regulation.  The arrangement of class action lawsuit in the Supreme Court Regulation No.  1    of 2002 still  encounters many challenges in its application.  The initial process i.e. certification  is very decisive whether the lawsuit  can be accepted  or is  qualified  as a class action lawsuit. In conjunction with this, the judges'  active role is very  important  whilst  waiting  for a specific  and adequate  legislation  to establish  the class action  procedure.  Meanwhilst,  the judges  are supposed to patch up the Supreme Court Regulation No. 1   of 2002.  Keywords:  Environmental Disputes, Procedural Law,  Class Action Lawsuit

IS AUSTIN'S THEORY INCONGRUENT WITH EXISTING CONCEPTS OF SOVEREIGN AND DISPUTE SETTLEMENT IN TREATIES AND INDIAN LEGISLATION?

2021 ◽  
pp. 47-49
Author(s):  
Sanjith Chandrashekar
Keyword(s):  
International Law ◽  
Legal System ◽  
Dispute Settlement ◽  
Legal Issues ◽  
Legal Systems ◽  
Treaty Law ◽  
The Concept Of Law ◽  
John Austin ◽  
Concept Of Law

For his bold declaration that international law is not "true law" since there is no sovereign, John Austin has been extensively attacked and praised in equal measure. According to Austin, the concept of law is, “Law is a command of the sovereign backed by a sanction.” This study investigates Austin's viewpoint and evaluates it in light of current legal systems, present international law, modern Indian laws, and the analysis of legal issues in the treaty law. While Austin's viewpoint was correct in terms of the legal systems of his day, it cannot be applied to the current international, and Indian legal system

scholarly journals APPLICATION THE CONCEPT OF JUSTICE BASED ON AL-QUR'AN INTERPRETATION IN THE CONSTRUCTION OF INDONESIA'S LEGAL SYSTEM

2020 ◽  
Vol 4 (2) ◽  
pp. 98
Author(s):  
Dewi Haryanti
Keyword(s):  
Legal System ◽  
Empirical Approach ◽  
Correctional Institution ◽  
Research Paradigm ◽  
Legal Concept ◽  
Descriptive Research ◽  
System Components ◽  
Approach Method ◽  
The Law

The purpose of this paper is to examine the application of the concept of justice based on the Qur'an’s interpretation in the construction of the Indonesian legal system. This research paradigm was the form of constructive design with analytical descriptive research specifications. Approach method used juridical empirical approach, it was used to view social symptoms related to the law and practice of legislation in Indonesia The focus of the problem in this paper was the different treatment between general inmates and corruption inmates in services and facilities in the prisons. Even in just one correctional institution, there are differences in room facilities between one another despite the fact that there are corrupt prisoners. It means that there is an injustice of the officials or authorities in giving the rights to prisoners. From the results of the research and discussion, it can be concluded that: 1) based on the Qur'an’s Interpretation, justice must be given to everyone without exception, including orders to be fair to the holders of power; 2) there are several components of the Indonesian legal system that still must be considered in the effort to uphold justice including the legal concept, the establishment of law, the form of law, and the application of the law. It is needed to revamp the intended system components, so that a system can run according to its purpose.

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