scholarly journals Main directions of improving the methodology of comparative history of law in the context of comparative legal science

2020 ◽  
Vol 11 (11) ◽  
pp. 74-78
Author(s):  
Shevchenko А. ◽  
Kudin S.
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Comparative History ◽  
Historical Approach ◽  
Legal Development ◽  
Historical Method ◽  
Legal Science ◽  
History Of ◽  
History Of Law ◽  
The Common

The article examines the main directions of improving the methodology of comparative history of law in the context of comparative legal science. It is proved that the comparative historical approach includes a basic comparative historical method, and taking about the principles of interdisciplinary, it can integrate the methodological capabilities of those tools that are used in other areas of scientific knowledge. It is found that the comparative historical method integrates the existing ways, methods and techniques of comparative knowledge of all forms of reflection of historical and legal reality. It is revealed that the use of a comparative historical approach and method in the area of comparative history of law allows us to learn the general, special and unique in the historical and legal development of diverse manifestations and forms of reflection of historical and legal reality in relation to various "non-legal" phenomena. It is proved that such knowledge is based on the integration of subject knowledge and the plurality of their understanding. It is found that the comparative-historical approach can attract the possibilities of methodological approaches used in the Humanities and social Sciences and adapted to the knowledge of legal reality (anthropological, humanistic, civilization). In the comparative history of law area, they «aim» at the scientific study of historical and legal reality, and the comparative-historical approach integrates the acquired knowledge for the purpose of comparative research of the historical and legal development of its manifestations and forms of reflection. It is established that the comparative-historical approach not only integrates this knowledge, but also "processes" it in the comparative perspective of knowledge. It is proved that it becomes possible to receive and accumulate substantive knowledge about the historical dynamics of human and civil rights and freedoms, the legal status of various sectors of the population in any spatial geographical scope with the variety of their forms reflect, subject to the identification of common and different", "equal and opposite"; it becomes possible to clarify the common and different», «equal and opposite to the historical development of "human right" in different societies. It is proved that the comparative historical approach based on the recognition of the equivalence of the "legal values" of all civilizations and the fact that any civilization can not be considered as an ideal model, searches for and integrates the common and different", "identical and opposite", "common and different", "confrontational-dangerous", "sensational, explosive", that caused in history the non-perception and rejection of the "legal values" of other civilizations. Key words: legal science, comparative history of law, methodology, comparative historical approach, historical-legal reality.

Dr. Thomas Fastolf and the History of Law Reporting

1986 ◽  
Vol 45 (1) ◽  
pp. 84-96 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Canon Law ◽  
Case Law ◽  
Roman Law ◽  
Divine Inspiration ◽  
History Of ◽  
History Of Law ◽  
The Common ◽  
John Xxii ◽  
Papal Court

It is sometimes supposed by English lawyers that one of the principal differences between their law and other European legal systems is that the common law is founded on decided cases, whereas systems influenced by Roman law depend on texts and doctrinal literature. Some Civilians might accept the distinction. But the canonist knows that it is hardly accurate. In the first place, his decretals can be regarded both as case-law and as texts. Moreover, once the pope began to commit his adjudicative authority to a court composed of doctors of law, canon law became increasingly the jurisprudence of a learned tribunal. The supreme papal court was the “Audience,” where cases were heard before the auditors of the papal palace (domini auditores sacri palacii apostolici). The pope had appointed auditors of causes since early times, and their procedure had become regularised during the thirteenth century. By the fourteenth century, when these judges were lawyers of distinction from all over Europe, the Court of Audience had become a collegiate body; and under Pope John XXII (1316–34) it was given a written constitution and a settled home. John settled his curia at Avignon, and built a hall of audience alongside his palace there. In 1331 he promulgated the bull Ratio iuris, which was intended to govern for all time what it described as “the highest court established under divine inspiration, where the quality of justice abounds in excellence and brilliance.”

scholarly journals Criteria, procedure and evaluation of results of dissertational researches on the theory and history of law, government and jurisprudence in Russia (1802-2014)

2016 ◽  
Vol 3 (2) ◽  
pp. 42-48
Author(s):  
A N Yakushev ◽  
S A Komarov
Keyword(s):  
Research Development ◽  
Legal Regulations ◽  
Preliminary Results ◽  
Legal Science ◽  
Dissertation Research ◽  
Science In Russia ◽  
History Of ◽  
History Of Law

The preliminary results of the research, development gaps, status, problems, statistics, and legal errors in relation to the criteria, procedure and evaluation of results of dissertational researches on the theory and history of law state and legal science in Russia in the period from 1802 to 2014. Formulate intended new proposals for replenishment and change of legal regulations, re-pulirula procedure for evaluating the dissertation research and the sweet-tions.

scholarly journals PEMIKIRAN ISLAM DALAM PEMBENTUKAN NASIONALISME INDONESIA: SEBUAH ANALISIS SEJARAH HUKUM

2019 ◽  
Vol 19 (01) ◽  
pp. 62-79
Author(s):  
Fokky Fuad Wasitaatmadja
Keyword(s):  
Research Method ◽  
Historical Approach ◽  
Legal Method ◽  
Unitary State ◽  
History Of ◽  
History Of Law ◽  
The Republic ◽  
Islamic Values

ABSTRAK Kajian tentang nilai-nilai islam dan kaitannya dengan pembentukan kesadaran nasionalisme menjadi menarik untuk dikaji karena: peran ulama dan para pejuang muslim tersebut tidak lepas dari semangat untuk keluar dan lepas dari penjajahan. Peran para pejuang Islam baik yang berjuang secara fisik maupun yang berjuang dengan pemikiran melalui pena perlu dikaji untuk mengetahui secara historis peran ulama yang sangat penting dalam pencapaian kemerdekaan dan pembentukan Negara Kesatuan Republik Indonesia. Rumusan masalah dalam penelitian ini adalah: bagaimanakah gagasan pembentukan kesadaran kebangsaan para tokoh bangsa ditinjau dari sisi sejarah hukum? Metode penelitian yang digunakan adalah metode hukum normatif dengan pendekatan sejarah hukum. Teori yang digunakan dalam penelitian ini adalah teori sejarah hukum yang dikembangkan oleh Karl von Savigny. Kesimpulan penelitian yang diperoleh adalah: pemikiran K. von Savigny yang melihat sebuah perubahan dari bentuk yang primitif menuju sebuah bentuk modern juga terlihat dalam proses pembentukan kesadaran nasionalisme Indonesia. ABSTRACT The study of Islamic values and their relation to the formation of nationalism awareness is interesting to study because: the role of the ulama and Muslim warriors is inseparable from the spirit to get out and escape from colonialism. The role of Islamic fighters, both those who struggle physically and those who struggle with ideas through a pen, needs to be examined to find out historically the role of the ulema which is very important in the achievement of independence and the formation of the Unitary State of the Republic of Indonesia. The formulation of the problem in this study is: how is the idea of forming national awareness among national figures in terms of the history of law? The research method used is a normative legal method with a historical approach to law. The theory used in this study is the theory of legal63 history developed by Karl von Savigny. The conclusions of the research obtained are: K. von Savigny's thought which saw a change from primitive to modern patterns was also seen in the process of shaping Indonesian nationalism awareness.

scholarly journals Evolution of Lyrical Image in Ballets of Azerbaijani Composers

2021 ◽  
Vol 4 (2) ◽  
pp. 179-187
Author(s):  
Lala Huseynli
Keyword(s):  
Cultural Context ◽  
The Other ◽  
Musical Culture ◽  
Specific Content ◽  
Historical Approach ◽  
Historical Method ◽  
Other Hand ◽  
History Of ◽  
First Time

This article is devoted to the study of the evolution of the lyrical image in the ballets of Azerbaijani composers. The presented article emphasizes that the Azerbaijani ballet on the extension of the history of the Azerbaijani school of composition functioned indefinitely as an important component of the Azerbaijani musical culture. The theme of this article is actualized in the aspect of the historical approach, as each ballet of Azerbaijani composers, on the other hand, reflected the significant features of the artistic, historical and cultural context. On the other hand, the study of the evolution of the lyrical image in the Azerbaijani ballets reflects the dynamics of the development of the Azerbaijani school of composition. Moreover, the figurative system in Azerbaijani ballets represents the slender line of artistic connections of Azerbaijani culture. The purpose of the research is to study the role of the lyrical image in the evolution of the Azerbaijani ballet. The research methodology is based is based on the use of a historical approach to determine the basic definitions of the study. The expediency of the historical method is due to the fact that the development in the space of historical time should be based on certain basic categories that would reflect the school of composition, its national specifics. The scientific novelty of the research is that for the first time the peculiarities of the evolution of the lyrical image in Azerbaijani ballets – from its origin to modern functioning – are analyzed; the nuances of style creation in the Azerbaijani school of composers in the specified aspect are considered, and also certain art processes are systematized. Conclusions. It is proved that the combination of deep lyricism with dramatic emotions is characteristic of the transfer of lyricism in the drama of ballets at all historical stages of development, in different stylistic contexts. Lyrical images in the ballets of Azerbaijani composers have similar features and are due to the specific content of the national worldview.

Blackstone

2018 ◽  
Author(s):  
John V. Orth
Keyword(s):  
Significant Role ◽  
Common Law ◽  
Legal Education ◽  
First Century ◽  
Legal Development ◽  
History Of ◽  
The Common ◽  
The Law ◽  
The University ◽  
Law Professors

This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England (1765–1769) and the series of lectures Blackstone delivered at Oxford from 1753, changed the way lawyers thought about the law. Blackstone’s Commentaries were read by more people, non-lawyers as well as lawyers, than any other English law book. Their influence is difficult to overstate, and extends into the twenty-first century. Almost as momentous was Blackstone’s influence on legal education. While gradual, the transfer of legal education from the law office and the courts to the university, which Blackstone pioneered, had an enormous impact on legal development, as law professors contributed to the formation of generations of lawyers and themselves came to play a significant role in legal development.

Status: Problems of Definition and Use

1984 ◽  
Vol 43 (2) ◽  
pp. 361-376 ◽  
Author(s):  
Geoffrey MacCormack
Keyword(s):  
Social Theory ◽  
Common Law ◽  
Legal Development ◽  
Frequent Use ◽  
Ancient Law ◽  
Tribal Societies ◽  
History Of ◽  
The Common ◽  
The Law

Sir Henry Maine's Ancient Law, first published in 1861, postulated legal development in terms of an evolution from status to contract. Since that time both lawyers and anthropologists have made frequent use of the notion of status in their characterisation of law or society. Although status is a concept well known in social theory whose exponents, independently of Maine, have worked out its content and application, much that has been written about status in a legal or anthropological context owes its inspiration to him. Maine's status to contract thesis has proved of interest both to lawyers studying the history of the common law or modern developments in the law of contract and to anthropologists studying social and legal phenomena in simple or tribal societies.

scholarly journals Honos alit artes. Studi per il settantesimo compleanno di Mario Ascheri. IV. L’età moderna e contemporanea

2015 ◽  
Keyword(s):  
Eighteenth Century ◽  
Social History ◽  
Legal Status ◽  
Common Law ◽  
Legal Tradition ◽  
Administration Of Justice ◽  
History Of ◽  
The Common ◽  
History Of Europe ◽  
The Relationship

The studies included in this volume analyze the legal and social history of Europe and North America by the end of the eighteenth century to the contemporary age. The study investigates the relationship between culture and legal status (science, law and government), the administration of justice and the transformation of the legal professions. That lights up the separation, in the whole complex of Western legal tradition, that identifies the countries of the common law.

scholarly journals Historical and legal science in the context of social disciplines

2020 ◽  
Author(s):  
D.V. Zorile
Keyword(s):  
Special Problem ◽  
Economic Science ◽  
Legal Science ◽  
History Of ◽  
History Of Law

As a special problem the division of subjects and methodology of history of law with different branches of law is arisen - such as the constitutional, financial law, and also with economic science. The author investigates their evolution within interference with the history of law, the possibility to ensure the autonomy of the scientific branches by formulation of aims and tasks of investigations.

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