From Particular Protection to Universal Principles:

2019 ◽  
pp. 223-246
Author(s):  
Theresa Wobbe ◽  
Carolin Höroldt ◽  
Maike Bussmann
Keyword(s):  
Author(s):  
ALEXANDRA A. TROITSKAYA

The two main approaches to the use of the comparative method in legal research, functional and cultural, have some "predetermined" considerations regarding the results that will (or should) be discovered by comparing various legal phenomena — should the emphasis be on similarities or differences between these phenomena. These considerations are based on the vision of, respectively, the universal or pluralistic nature of law of various societies, and in fact they are able to correct substantially the process of cognition of legal phenomena using the comparative method, adjusting it to the desired result. In the case of similarities, we can talk about artificially narrowing the circle of countries under investigation. In the case of differences, the isolation of systems and the uniqueness of their cultural characteristics are unreasonably exaggerated. The alternative assumptions presented in the theory of comparative law regarding the existence of universal principles of law or the fundamental uniqueness of each legal system require a critical rethinking of constitutional provisions and practice in comparative studies. The use of the comparative method in constitutional law is not reducible to the implementation of the ideas of political philosophy, and objective conclusions should not be replaced by predetermined normative guidelines. The similarities and differences revealed by the researcher of constitutional ideas, norms and practices can be considered as a result of comparison of independent value.Constitutional law is associated with a variety of substantial constructs existing in the world, not excluding, however, their intercommunication. Understanding these constructions requires attention to both the similarities and the differences in specific legal orders (as well as the reasons for their functioning in this, and not another form). The use of the comparative method in the absence of striving for predetermined results is simultaneously aimed at understanding the laws of development of constitutional institutions and maintaining the horizon of their diversity as an important component of this development. Each time, the researcher should distance himself from his prejudices regarding the similarities or differences between the institutes under study, rechecking whether the obtained results are really the results of applying the comparative method, and not the initial constructions.The logic of a comparative study corresponds to the construction of theories of "middle level", aimed at forming the theoretical model of a particular legal in-stitution, taking into account the practice of implementing this institution in specific states. The focus on middle-level theories within the framework of the comparative method allows one to go beyond the description of single systems, formulate conclusions at the level of generalization that ensure the comparability of the studied objects, and at the same time maintain an understanding of the diversity of constitutional models.


Author(s):  
Rebecca Skreslet Hernandez

In addition to his views on ijtihād and tajdīd, al-Suyūṭī’s lasting influence in Islamic legal thought lies in the area of legal precepts (pithy maxims or questions that sum up areas of the law). Al-Suyūṭī’s al-Ashbāh wa-l-naẓāʾir stands as a core work in this genre of legal literature and is still a popular textbook for students at Egypt’s premier institution of religious learning, al-Azhar. Using the pragmatic theory of Grice and others, I argue that legal precepts fulfill a number of key discursive functions for the jurist. It is with al-Suyūṭī’s Ashbāh that he is most successful in asserting his authority as an aggregator, abstractor, and framer of the law. The power of framing lies in the ability to distill key universal principles from the vast corpus of Islamic substantive law and to assert that these principles represent the essence and spirit of the Sharīʿa.


2011 ◽  
Vol 18 (5) ◽  
pp. 563-572 ◽  
Author(s):  
G. Balasis ◽  
C. Papadimitriou ◽  
I. A. Daglis ◽  
A. Anastasiadis ◽  
I. Sandberg ◽  
...  

Abstract. The dynamics of complex systems are founded on universal principles that can be used to describe disparate problems ranging from particle physics to economies of societies. A corollary is that transferring ideas and results from investigators in hitherto disparate areas will cross-fertilize and lead to important new results. In this contribution, we investigate the existence of a universal behavior, if any, in solar flares, magnetic storms, earthquakes and pre-seismic electromagnetic (EM) emissions, extending the work recently published by Balasis et al. (2011a). A common characteristic in the dynamics of the above-mentioned phenomena is that their energy release is basically fragmentary, i.e. the associated events are being composed of elementary building blocks. By analogy with earthquakes, the magnitude of the magnetic storms, solar flares and pre-seismic EM emissions can be appropriately defined. Then the key question we can ask in the frame of complexity is whether the magnitude distribution of earthquakes, magnetic storms, solar flares and pre-fracture EM emissions obeys the same law. We show that these apparently different extreme events, which occur in the solar-terrestrial system, follow the same energy distribution function. The latter was originally derived for earthquake dynamics in the framework of nonextensive Tsallis statistics.


2019 ◽  
Vol 135 ◽  
pp. 04056 ◽  
Author(s):  
Galimkair Mutanov ◽  
Sayabek Ziyadin

The article discusses the relevance of the problem of energy efficiency of industrial enterprises, along with increasing environmental safety of production and increasing social responsibility. The technique of estimation of production efficiency and its influence in management of ecological system on the basis of energy-entropy method is considered. Relevant questions are: improvement of the universal principles of energy efficiency in specific sectors and to develop tools of economic analysis energy infrastructure of industrial enterprises on the basis of the energy-entropy method using various ratios and find new ways of efficient use of energy. The purpose of this article is to develop new methods for assessing the efficiency of production and management. The problem is largely actualized by the fact that at present the question of assessing the effectiveness of energy systems management.


1985 ◽  
Vol 36 (2) ◽  
pp. 121-123 ◽  
Author(s):  
Colleen D. Clements ◽  
J. Richard Ciccone

2020 ◽  
pp. 230-240
Author(s):  
Ian Coller

This concluding chapter reveals that the question of Muslim citizenship and the role of Islam in the republic arose out of the Revolution itself. In short, it did not arise belatedly as a result of colonial and postcolonial Muslim migration to the metropole. Moreover, the results of that consideration can reveal much about the Revolution and its principles. The citizenship of Muslims was not only a contingent possibility but a necessary condition for liberty, equality, and fraternity to be universal principles rather than merely national ones. At the same time, at the heart of the Revolution, until the rupture of its principles in 1798, the Muslim path to citizenship had become a routine process, greeted with the indifference proper to a society of equals, leaving few traces, and for this reason there is no way to know with any exactitude how many individuals followed this path.


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