scholarly journals The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time

2020 ◽  
Vol 26 (40) ◽  
pp. 142-155
Author(s):  
Răzvan Cosmin Roghină
Keyword(s):  
Present Article ◽  
Legal History ◽  
Comparative Law ◽  
Legal Transplant ◽  
Development Change ◽  
The World ◽  
Legal Transplantation ◽  
Dynamic Dimension ◽  
The Many ◽  
Theory Of Forms

AbstractComparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal disputes, which have been encapsulated in complex theories on its possibilities and impossibilities. In the present article, we will not explore the many modern theories regarding legal transplantation (or under other metaphors). Instead, we will go back in time, in the second half of the nineteenth century, to explore an interesting Romanian theory that seems to have anticipated a series of modern ideas regarding the purpose, possibilities, and impossibilities of the circulation of legal models in the world. Following this approach, the main conclusion will be resumed to the idea that the Romanian theory of forms without substance can be integrated within the modern theories of legal transplant.

The Oxford Handbook of Comparative Law

2019 ◽  
Keyword(s):  
Legal History ◽  
Comparative Law ◽  
The United States ◽  
Critical Assessment ◽  
First Century ◽  
The World ◽  
The Status ◽  
Critical Account ◽  
And Linguistics ◽  
Practical Level

This second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. In the current era of globalization, this discipline is more relevant than ever, both on an academic and practical level. The book contains forty-eight essays, each of which provides an accessible, original, and critical account of comparative law in its respective area. Each essay also includes a short bibliography referencing the definitive works in the field. The book is divided into three main sections. Section I shows how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, Latin America, and the Islamic countries. Section II discusses the major approaches to comparative law—its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, Section III deals with the status of comparative studies over a range of subject matter areas, including the major categories of private, economic, public, and criminal law.

Przeszczepy prawne jako instrument hybrydyzacji prawa

2014 ◽  
pp. 5-27
Author(s):  
Celina Nowak
Keyword(s):  
Comparative Law ◽  
Legal Systems ◽  
The World ◽  
Legal Transplantation

The notion and theories on legal transplants and – more broadly – legal transplantation have been an object of interest in comparative law in the world since the 70s., especially in the framework of research on mixed legal systems. The theories of legal transplants remain rather unknown to the Polish researchers. And yet they may constitute a useful tool of analysis of contemporary transformations of legal systems, stemming from globalization. The article is aimed at acquainting Polish readers with theories on mixed legal systems and legal transplants and explaining briefly in what way legal transplants contribute to the hybridization of legal systems in the world.

The Oxford Handbook of Comparative Law

2006 ◽  
Keyword(s):  
Criminal Law ◽  
Legal History ◽  
Comparative Law ◽  
The United States ◽  
Critical Assessment ◽  
First Century ◽  
The World ◽  
The Status ◽  
Critical Account ◽  
And Linguistics

The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse survey as well as a critical assessment of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. The book contains forty-three articles. The aim of each article is to provide an accessible, original, and critical account of comparative law in its respective area. Each article also includes a short bibliography referencing the definitive works in the field. The book is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II discusses the major approaches to comparative law — its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, Section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law.

scholarly journals Comparative law, literature and imagination: Transplanting law into works of fiction

2021 ◽  
pp. 1023263X2199533
Author(s):  
Jaakko Husa
Keyword(s):  
Real World ◽  
Comparative Law ◽  
Cultural Knowledge ◽  
Law And Literature ◽  
Mutant Form ◽  
Legal Transplant ◽  
The Real ◽  
The World

This paper discusses comparative law and literature as an approach to studying law culturally, addressing how the study of literature from the standpoint of comparative law identifies one way of coding legal cultural knowledge in literature. The interaction between the worlds of law and culture is addressed through imaginary legal transplants. By transplanting legal ideas from the real world to literature, authors imagine worlds as they construct legal meanings in their storytelling. Whereas a legal transplant is a notion filled with problems and paradoxes, in literature it is far less problematic. Imaginary legal transplants are different from real-world transplants because in the real world legal diffusion takes place in mutant form, transforming transplants into irritants. The legislator never controls the world completely, whereas in fictional literature the creator of a written work controls the created world. In this sense, it is argued, imaginary legal transplants are perfect transplants.

“All in a Garden Green”: Shakespeare's Staging of Garden Imagery

2019 ◽  
Vol 26 (2) ◽  
pp. 227-252
Author(s):  
Deborah Solomon
Keyword(s):  
Early Modern ◽  
Literary Tradition ◽  
The Public ◽  
The World ◽  
Audience Interaction ◽  
The Many ◽  
Green World

This essay draws attention to the surprising lack of scholarship on the staging of garden scenes in Shakespeare's oeuvre. In particular, it explores how garden scenes promote collaborative acts of audience agency and present new renditions of the familiar early modern contrast between the public and the private. Too often the mention of Shakespeare's gardens calls to mind literal rather than literary interpretations: the work of garden enthusiasts like Henry Ellacombe, Eleanour Sinclair Rohde, and Caroline Spurgeon, who present their copious gatherings of plant and flower references as proof that Shakespeare was a garden lover, or the many “Shakespeare Gardens” around the world, bringing to life such lists of plant references. This essay instead seeks to locate Shakespeare's garden imagery within a literary tradition more complex than these literalizations of Shakespeare's “flowers” would suggest. To stage a garden during the sixteenth and seventeenth centuries signified much more than a personal affinity for the green world; it served as a way of engaging time-honored literary comparisons between poetic forms, methods of audience interaction, and types of media. Through its metaphoric evocation of the commonplace tradition, in which flowers double as textual cuttings to be picked, revised, judged, and displayed, the staged garden offered a way to dramatize the tensions produced by creative practices involving collaborative composition and audience agency.

PERILAKU PEDAGANG MUSLIM DALAM TINJAUAN ETIKA BISNIS ISLAM (KASUS DI PASAR LOAK JAGALAN KEDIRI)

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Alwi Musa Muzaiyin
Keyword(s):  
Business Ethics ◽  
Key Words ◽  
Luxury Goods ◽  
The World ◽  
Goods Market ◽  
Islamic Business Ethics ◽  
New Goods ◽  
The Many ◽  
Used Goods ◽  
The City

Trade is a form of business that is run by many people around the world, ranging from trading various kinds of daily necessities or primary needs, to selling the need for luxury goods for human satisfaction. For that, to overcome the many needs of life, they try to outsmart them buy products that are useful, economical and efficient. One of the markets they aim at is the second-hand market or the so-called trashy market. As for a trader at a trashy market, they aim to sell in the used goods market with a variety of reasons. These reasons include; first, because it is indeed to fulfill their needs. Second, the capital needed to trade at trashy markets is much smaller than opening a business where the products come from new goods. Third, used goods are easily available and easily sold to buyer. Here the researcher will discuss the behavior of Muslim traders in a review of Islamic business ethics (the case in the Jagalan Kediri Trashy Market). Kediri Jagalan Trashy Market is central to the sale of used goods in the city of Kediri. Where every day there are more than 300 used merchants who trade in the market. The focus of this research is how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in general. Then, from the large number of traders, of course not all traders have behavior in accordance with Islamic business ethics, as well as traders who are in accordance with the rules of Islamic business ethics. This study aims to determine how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in buying and selling transactions and to find out how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in reviewing Islamic business ethics. Key Words: Trade, loak market, Islamic business

La transposition profane de l’Exode dans Moïse fiction de Gilles Rozier

2013 ◽  
pp. 174-183
Author(s):  
Piotr Sadkowski
Keyword(s):  
Present Article ◽  
Old Testament ◽  
The Other ◽  
Jewish Tradition ◽  
Human Being ◽  
The Novel ◽  
Jewish Origin ◽  
French Writer ◽  
The World ◽  
Jewish Writers

Throughout the centuries French and Francophone writers were relatively rarely inspired by the figure of Moses and the story of Exodus. However, since the second half of 20th c. the interest of the writers in this Old Testament story has been on the rise: by rewriting it they examine the question of identity dilemmas of contemporary men. One of the examples of this trend is Moïse Fiction, the 2001 novel by the French writer of Jewish origin, Gilles Rozier, analysed in the present article. The hypertextual techniques, which result in the proximisation of the figure of Moses to the reality of the contemporary reader, constitute literary profanation, but at the same time help place Rozier’s text in the Jewish tradition, in the spirit of talmudism understood as an exchange of views, commentaries, versions and additions related to the Torah. It is how the novel, a new “midrash”, avoids the simple antinomy of the concepts of the sacred and the profane. Rozier’s Moses, conscious of his complex identity, is simultaneously a Jew and an Egyptian, and faces, like many contemporary Jewish writers, language dilemmas, which constitute one of the major motifs analysed in the present article. Another key question is the ethics of the prophetism of the novelistic Moses, who seems to speak for contemporary people, doomed to in the world perceived as chaos unsupervised by an absolute being. Rozier’s agnostic Moses is a prophet not of God (who does not appear in the novel), but of humanism understood as the confrontation of a human being with the absurdity of his or her own finiteness, which produces compassion for the other, with whom the fate of a mortal is shared.

COMPARATIVE METHOD IN CONSTITUTIONAL LAW: BETWEEN PRESUMPTIONS OF SIMILARITIES AND DIFFERENCES

2019 ◽  
Vol 14 (5) ◽  
pp. 84-113
Author(s):  
ALEXANDRA A. TROITSKAYA
Keyword(s):  
Political Philosophy ◽  
Theoretical Model ◽  
Constitutional Law ◽  
Comparative Method ◽  
Comparative Law ◽  
Middle Level ◽  
Legal Research ◽  
Universal Principles ◽  
The World ◽  
Similarities And Differences

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.

IDIOMS WITH A FLORAL COMPONENT AND DIFFICULTIES OF THEIR TRANSLATION

2019 ◽  
pp. 144-153
Author(s):  
Kamola Alimova
Keyword(s):  
Present Article ◽  
The World ◽  
History Of

This article is devoted to the study of English idioms with flora component, their meaning and use in speech. The aim of the work is to define the concept of "idioms", the history of idioms with the component of flora, centuries-old human observations of the world of flora and the attitude of people to this area of reality. The article also reveals the peculiarities of English idioms with flora component important for translation and considers the problem of adequacy and equivalence in translation, as well as the ways of translation of English idioms into Uzbek. The present article is devoted to investigation of idioms with the component of the flora, their importance and use in speech. The aim of the work is to define the concept of "idiom". The history of occurrence of idioms with flora component is considered. Identify the features of idioms that are important for translation and methods of translation of English idiom with the component flora. Ушбу мақола флора компонентига эга бўлган инглиз идиомаларининг мазмуни ва уларни нутқдаги аҳамиятини ўрганишга бағишланган. Мақоланиниг мақсади флора компонентига эга бўлган инглиз идомаларининг моҳияти ва келиб чиқиш тарихини ўрганиш ва флора дунёсининг кўп асрлик инсон томонида кузатилиши ва унга муносабатини кўриб чиқишдан иборат. Шунингдек, мақолада флора компонентига эга бўлган инглиз идиомаларининг ўзбек тилига таржима қилиш жараёнидаги муҳим жиҳатлари, айниқса, таржимада адекватлик ва эквалентлик муаммоси ҳамда таржима қилиш усуллари кўриб чиқилган. Cтатья посвящена изучению английских идиом с компонентом флора, их значению и употреблению в речи. Целью работы является определение понятия идиома, история идиом с компонентом флора, многовековые наблюдения человека за миром флоры и отношение людей к этой области действительности. В статье также раскрываются особенности перевода английских идиом с компонентом флора, рассматривается проблема адекватности и эквивалентности в переводе и способы перевода английских идиом на узбекский язык.

Individuality and Beyond

2019 ◽  
Author(s):  
Benedetta Zavatta
Keyword(s):  
Moral Autonomy ◽  
First Line ◽  
Philosophical Interpretation ◽  
Individual Personality ◽  
The World ◽  
Regulative Ideal ◽  
Personal Library ◽  
The Many ◽  
The Individual ◽  
The Impact

Based on an analysis of the marginal markings and annotations Nietzsche made to the works of Emerson in his personal library, the book offers a philosophical interpretation of the impact on Nietzsche’s thought of his reading of these works, a reading that began when he was a schoolboy and extended to the final years of his conscious life. The many ideas and sources of inspiration that Nietzsche drew from Emerson can be organized in terms of two main lines of thought. The first line leads in the direction of the development of the individual personality, that is, the achievement of critical thinking, moral autonomy, and original self-expression. The second line of thought is the overcoming of individuality: that is to say, the need to transcend one’s own individual—and thus by definition limited—view of the world by continually confronting and engaging with visions different from one’s own and by putting into question and debating one’s own values and certainties. The image of the strong personality that Nietzsche forms thanks to his reading of Emerson ultimately takes on the appearance of a nomadic subject who is continually passing out of themselves—that is to say, abandoning their own positions and convictions—so as to undergo a constant process of evolution. In other words, the formation of the individual personality takes on the form of a regulative ideal: a goal that can never be said to have been definitively and once and for all attained.

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