A “Defense” of Cognitivism and the Law

2021 ◽  
pp. 139
Author(s):  
JUAN CIANCIARDO
Keyword(s):  
The Real ◽  
Legal Norms ◽  
Moral Content ◽  
The Law ◽  
Theory Of Law ◽  
Ultimate Objective ◽  
The Impact ◽  
The Way

This paper consists of a journey marked by three important milestones: (i) an overview of the controversy between cognitivism and non-cognitivism, (ii) a review of the different theoretical positions around this controversy, and (iii) an assessment on the impact of such controversy in theory of law and in the way the work of the jurist is understood. The ultimate objective is to demonstrate that, if followed coherently, noncognitivism can only lead to the unintelligibility of the legal phenomenon. Jointly, and as corollary of the latter, it will be revealed that even highly convinced advocates of noncognitivism implicitly or unintentionally ground their legal theorization in cognitivisttype of assumptions. The author adds that a non-cognitivist judge has a serious risk of incurring in a certain type of professional hypocrisy that would consist in camouflaging the real reasons that led her to choose for the application of a norm instead of another, or to choose one method of interpretation over others, with empty formulas that have nothing to do with those real reasons. As we will see, a non-cognitivist jurist approaches legal norms from a very different perspective than a cognitivist. Although it may sound shocking, justice has little or nothing to do with the work of the non-cognitivist from his perspective. This means that laws can have whatever moral content, that their reasonableness and/or their justice value is defined by the legislator, and that most of the time there are no strict reasons that justify what is that the legislator did when passing a law.

Philisophy and Theory of Law

2015 ◽  
Keyword(s):  
Public Policy ◽  
Human Resource ◽  
Administrative Law ◽  
Corporate Law ◽  
Medical Law ◽  
The Real ◽  
The Law ◽  
Theory Of Law ◽  
Substantive Law ◽  
Massive Information

Understanding of the philosophy and theory behind the law is significance to law makers, legal practitioners, academicians and laymen. The rationales are to have some understanding of public policy and the real aim of the laws that made up particular practices or the root of practices. Therefore, this book highlight selected philosophy and theory of laws in the area of commercial, financial and corporate law; medical law; constitutional and administrative law and lastly human resource law. The massive information and knowledge in this book will benefits law makers, legal practitioners, academicians, universities students in understanding the philosophy and theory of the law first, before appreciating and applying the substantive law in their profession and life.

Legal Liability for Land Offences

10.12737/6590 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0
Author(s):  
Елена Болтанова ◽  
Elena Boltanova
Keyword(s):  
Social Relations ◽  
Social Impact ◽  
Forced Termination ◽  
Land Law ◽  
Legal Cases ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
The Law ◽  
Theory Of Law ◽  
The Right

Though the term «infringement of the land law» is quite broadly used both in the practical legislation and in the theory of law, the definition of the term is quite disputable. The same is true regarding the types of responsibility that the infringement can generate. The article is aimed at defining the term and the notion of the infringement of the land law and at the substantiating of the various types of responsibility for the infringement. Acting norms of law of Russia, practical legal cases, scientific, academic and other publications constitute the empiric data for the research. The method of the research in its broader sense is based on the materialist dialectic, which makes it possible to consider the facts and processes in their interrelation and development. Besides, the methods of formal logics, of normative dogmatics, of analysis and synthesis and others were used during the research. The article proves that the type of responsibility, be it criminal, administrative, disciplinary, property liability, depends on the social impact and danger, on the functions of responsibility, and, to certain extent, on the practical thought. This is viewed from the position of interrelated and objectively connected legal norms maintaining law, which, in its turn, determines the sanction be separate from the hypothesis and from the disposition of legal norm. The law of Russia determines such a sanction as the forced termination of the right for the spot of land due to its misuse. The sanction is strictly personified and restrictive. The article stipulates grounds for the usage of the sanction as a measure of special responsibility in the sphere of land law. The responsibility is objectively conditioned by the specificity of land social relations and by infringements of the land law in particular. The research concluded that the infringement of the land law is an integral notion, characterized by the action deviating from those required by the law, and breaking the land laws. The land law is enforced by a system of measures of various types of responsibility, whereas the legislation regulating the responsibility has certain completeness and systemic integrity.

THE THEOLOGICAL INTERPRETATION OF THE FIGURE OF JESUS IN THE GOSPEL OF MATTHEW: SOME PRINCIPAL FEATURES IN MATTHEAN CHRISTOLOGY

1999 ◽  
Vol 45 (2) ◽  
pp. 157-173 ◽  
Author(s):  
MOGENS MÜLLER
Keyword(s):  
Gospel Of Matthew ◽  
Theological Interpretation ◽  
Redaction Criticism ◽  
Special Trait ◽  
The Real ◽  
The Impact ◽  
The Way

In the wake of redaction-criticism it has become customary to treat the evangelists as theologians. This study is an attempt to elucidate how the Gospel of Matthew defines the impact of Jesus on salvation in a reinterpretation of tradition. Following a new trend in christological studies, emphasis has been laid not so much on the different christological titles as on the way the Jesus story is told as articulating the writer's christology. A special trait in Matthew is its meeknes Christology, and great importance is also given to Jesus as the Teacher par excellence. God being the real actor in the gospel story, the Christology of Matthew turns out to be theology in the sense of soteriology.

scholarly journals Court decisions on post-divorce children’s livelihood: Islamic law analysis on their practices in Indonesia and Malaysia

2020 ◽  
Vol 20 (2) ◽  
pp. 151-173
Author(s):  
Fauzul Hanif Noor Athief ◽  
Resti Hedi Juwanti
Keyword(s):  
Islamic Law ◽  
Theory And Practice ◽  
Court Decisions ◽  
Important Thing ◽  
The Real ◽  
Legal Norms ◽  
The Law ◽  
Illegitimate Children

A divorce is indeed never expected to happen in a marriage. However once it happens, the important thing which must be taken into account is the consequence of the divorce where the issue pertinent to children’s livelihood is one of it. This study tried to probe into how Malaysia and Indonesia whose most of the population was Muslims adopted the Fiqh concept in terms of post-divorce children’s livelihood in their regulations. Since there  always be difference between theory and practice, the real implementation of the decisions will also be examined on the basis of legal norms. This study directly explores the laws and Court decisions for further assessment based on several indicators. It is found that the legislation and the Court decisions of the two countries had adopted the concept of Fiqh yet with a couple of particular notes. It is also found that there is a chance of providing livelihood for illegitimate children in the law and practice of both countries.

Zygmunt Ziembiński and his Analytical Theory of Law: Formalization of Law as an Instrument to Protect its Minimal Moral Content

2020 ◽  
Vol 45 (2-3) ◽  
pp. 268-280
Author(s):  
Marzena Kordela
Keyword(s):  
Social Norms ◽  
Analytical Theory ◽  
Moral Dimension ◽  
Legal Norms ◽  
Moral Content ◽  
Theory Of Law ◽  
Entire Theory ◽  
Concept Of Law ◽  
Formal Features

Zygmunt Ziembiński defined law as a system of norms of conduct distinguishable from other social norms by determined formal features. By qualifying norms as linguistic expressions he predetermined the analytical character of his entire theory of law. However, by assuming that the creator of legal norms – the rational legislator – among its methodological characteristics also includes the assumption of axiological rationality, he gave a moral dimension to his concept of law.

scholarly journals LEGAL PROTECTION OF EMPLOYEES / WORKERS WHO EXPERIENCED EMPLOYMENT RELATIONSHIP IMPACT DIGITALIZATION

2020 ◽  
Vol 7 (3) ◽  
pp. 211
Author(s):  
Haingo Rabarijaona ◽  
Devina Arifani
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Employment Relationship ◽  
Legal Research ◽  
Severance Pay ◽  
Legal Norms ◽  
Technological Advances ◽  
The Law ◽  
The Impact ◽  
Modern Era

This journal describes labor problems that arise as a result of technological advances in the modern era, one of which is due to digitalization. This results in termination of employment by employers to workers even without severance pay. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who have been laid off. The research method used is the normative legal research method. This method examines law normatively by looking at the law from an internal perspective where the object of research is to use legal norms where there is still a vagueness of norms in legal protection for workers due to layoffs due to the impact of this digitization. The final result of this research is that the rights of workers who are laid off are contained in Article 150 to Article 172 of Act No. 13 of 2003 concerning Manpower. Legal protection for workers / laborers due to the impact of digitization is contained in Article 164 Paragraph (3) of the UUK with legal protection in the form of severance pay, awarding money or service fees during the work period of the worker.

scholarly journals Parental Responsibility, Hyper-parenting, and the Role of Technology

2016 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Genetic Enhancement ◽  
The Political ◽  
Parental Responsibility ◽  
The Law ◽  
Impact Of Technology ◽  
The Impact ◽  
The Way

This chapter explores the impact of technology on parenthood. It draws out some of the themes raised by the genetic enhancement debate, arguing that they reflect some of the current themes in contemporary parenthood. Particularly pertinent is the phenomenon of hyper-parenting, which itself often relies on technology to enable surveillance of children. It is argued that this practice reflects the political and popular rhetoric around conceptions of parental responsibility, which has been picked up and reinforced in the law. The chapter concludes by arguing against an overemphasis on the power that parents have over children to train them to be good citizens and argues for a relational vision of parenthood, recognizing also the power that children have over adults and the way that children can shape parents.

Comparative analysis of property rights of convicts serving their sentence in correctional and educational colonies

2019 ◽  
pp. 157-164
Author(s):  
Алексей Сергеевич Морозов ◽  
Дмитрий Вадимович Хильман
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Alcoholic Beverages ◽  
The Real ◽  
Main Research ◽  
Legal Norms ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Law

Предметом исследования являются правовые нормы уголовно-исполнительного законодательства, регулирующие вещные права лиц, отбывающих уголовные наказания в виде лишения свободы. Целью исследования является установление тождества и различия в правовом регулировании вещных прав осужденных, отбывающих наказание в исправительных учреждениях и воспитательных колониях. Основными методами исследования являются анализ и синтез, а также сравнительно-правовой метод. В результате исследования установлено, что, несмотря на общий правовой статус осужденных, отбывающих наказание в виде лишения свободы, правовое регулирование одних и тех же вещных прав в различных ведомственных актах существенно различается, что влечет множество пробелов в праве и правовых коллизий. К числу основных выводов по результатам исследования можно отнести то, что в воспитательных колониях разрешен оборот боеприпасов, летательных средств, зажигалок, алкогольной продукции (за исключением алкогольных напитков) и некоторые другие. Результаты исследования могут быть реализованы в правоприменительной практике сотрудников, исполняющих уголовные наказания в виде лишения свободы, а также в процессе профессиональной подготовки сотрудников уголовно-исполнительной системы. The subject of the research is the legal norms of the criminal Executive legislation regulating the real rights of persons serving criminal sentences in the form of imprisonment. The aim of the study is to establish the identity and differences in the legal regulation of the real rights of convicts serving sentences in correctional colonies and educational colonies. The main research methods are analysis and synthesis, as well as comparative legal method. The study found that despite the General legal status of convicts serving a sentence of imprisonment, the legal regulation of the same real rights in different departmental acts differs significantly, which entails many gaps in the law and legal conflicts. The main conclusions of the study include the fact that in the educational colonies allowed the circulation of ammunition, aircraft, lighters, alcoholic beverages (except alcoholic beverages) and some others. The results of the study can be implemented in the law enforcement practice of employees executing criminal penalties in the form of imprisonment, as well as in the process of training of employees of the penitentiary system.

The Laws of Moses and the Laws of the Emperor

2021 ◽  
pp. 235-260
Author(s):  
Rachel Manekin
Keyword(s):  
Jewish Law ◽  
Habsburg Empire ◽  
Marriage And Divorce ◽  
Divorce Laws ◽  
The Law ◽  
Local Ordinances ◽  
Austrian Law ◽  
The Impact ◽  
The Way

This chapter focuses on marriage and divorce, which symbolizes the Galician Jewry’s failure to internalize Austrian legal and civil norms. It talks about Galician Jews that married clandestinely in accordance with Jewish law but in violation of Austrian law, causing children of such marriages that carried their mother’s last name to be considered illegitimate. It also examines how the application of Austrian marriage and divorce laws to Habsburg Jewry developed and illustrates the impact of these laws on Galician Jewry. The chapter focuses on the two division of the marriage and divorce laws: legislation that applied throughout the Habsburg empire and political laws or local ordinances that applied to Galician Jews. It talks about how the division affected the way many Galician Jews viewed the law of the land.

Recreational Sports Law

2017 ◽  
Author(s):  
Thomas A. Baker
Keyword(s):  
Recreational Sports ◽  
Sports Law ◽  
Recreational Sport ◽  
Legal Norms ◽  
The Law ◽  
Nuanced Understanding ◽  
The Way

This chapter discusses application of legal doctrines and defenses within recreational sport settings. Many of the concepts discussed here are very general in that they apply to an array of recreational sport settings. Some are more specific to particular recreational situations. The general concepts are introduced so that the reader appreciates the way courts apply the law across various types of recreational sports cases. The more specific concepts involve problems that are relevant, timely, and somewhat unique to particular recreational sports. Ultimately, recreational sports law is not a field of law with its own distinct legal norms. Instead, “recreational sports law” encapsulates legal applications that are more common to recreational sport cases than to others. Exposure to the contents of this chapter will provide the reader with a more nuanced understanding of those legal applications of which recreational sport providers and participants need to be the most concerned.

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