Technique of generalization of results of comparative historical and legal research

2021 ◽  
Vol 28 (3) ◽  
pp. 74-84
Author(s):  
Volodymyr D. Honcharenko ◽  
Denys A. Shyhal
Keyword(s):  
Cluster Analysis ◽  
Causal Relationship ◽  
Main Element ◽  
Simple Explanation ◽  
Legal Analysis ◽  
Legal Research ◽  
Logical Basis

This study investigates the technique of organising the information obtained during the comparative historical and legal analysis. The main methods of data systematisation include classification and typologization. Classification is manifested in the division of objects into certain classes and can be based on a variety of criteria. Therewith, each individual classification should be performed based only on one feature. In contrast to the classification, typologization can be performed on a set of essential features and is aimed at understanding the essence of the phenomena under study. Any historical and legal typologization depends on the selected criteria. The result of comparative historical and legal analysis can be the production of entire arrays of information, to organise which it is advisable to use methods of cluster analysis. Cluster analysis constitutes a set of techniques that allow classifying multidimensional observations, and its purpose is to create clusters – groups of similar objects. This study also provides an algorithm for using cluster analysis. All the above methods of information systematisation serve as the basis for further evaluation of the data obtained, the main element of which is an explanation. It is in the process of explanation that the essential aspects and relations of the compared historical and legal objects are covered and the internal causal relationship between the studied state and legal phenomena is established. Evaluation of the results of comparative historical and legal research does not end with a simple explanation, but can also continue in scientific forecasting, the logical basis of which is the method of modelling. The process of modelling at the stage of systematisation and evaluation of the results of comparative historical and legal research takes place in several stages, which are also covered in this study

General Principles of International Public Authority: Sketching a Research Field

2008 ◽  
Vol 9 (11) ◽  
pp. 1909-1939 ◽  
Author(s):  
Armin von Bogdandy
Keyword(s):  
International Institutions ◽  
Research Field ◽  
Public Authority ◽  
Legal Analysis ◽  
Specific Interest ◽  
Legal Research ◽  
Research Project ◽  
The Public ◽  
Classical Study ◽  
The Cross

The termprincipleis ubiquitous in the thematic studies and the cross-cutting studies of this research project on the exercise of public authority by international institutions. Apparently its legal analysis and normative framing is difficult to achieve without principles. This is no specificity of this undertaking: Legal research on the public authority of international institutions regularly deals with the issue of principles.Generalprinciples for all international institutions are of specific interest as they might tie the various institutions into one legal universe. Yet, precisely their variety, even heterogeneity raises the question if such principles can be anything but “stars which give little light because they are so high.” This quotation from Francis Bacon's “On the Advancement of Learning” precedes Edward Carr's classical study on the problems of a sweeping,principledand idealistic approach to international phenomena.

scholarly journals ANALISIS HUKUM TERHADAP PENYELESAIAN SENGKETA HUTANG PIUTANG MELALUI AKTA PERDAMAIAN (Studi Putusan Nomor: 1/Pdt.G.S/2017/PN. Blg)

2019 ◽  
Vol 18 (3) ◽  
pp. 101-113
Author(s):  
Tajuddin Noor
Keyword(s):  
Supreme Court ◽  
Executive Power ◽  
Legal Analysis ◽  
Legal Research ◽  
Peace Settlement ◽  
Legal Consequences ◽  
Legal Force

Analysis of settlement of debt receivables disputes between PT. Bank Perkreditan Rakyat NBP 5 and Lisbon Manurung, defendant I, and Tetty Herawati, the defendant II. The settlement is carried out based on Supreme Court Regulation Number 2 of 2015 concerning Procedures for Completion of Simple Lawsuits because the value of the material claim does not exceed 200,000,000.00 Rupiahs (two hundred million rupiahs). The dispute ended with the ruling of the peace deed because of the good intentions of the parties who ended the dispute by means of peace. In the study of the decision, the author applied legal research in a normative juridical manner. The result of this study indicates that the legal analysis of debt settlement through agreements / deeds of peace has legal consequences for the parties, namely closed appeal and cassation legal efforts, which have permanent legal force, and executive power. Keywords: Debt and Receivables, Peace, Settlement. 

scholarly journals Features of contractual regulation of relations in the use of renewable energy sources

2020 ◽  
pp. 174-178
Author(s):  
C. M. Kologermanskaya
Keyword(s):  
Renewable Energy ◽  
Renewable Energy Sources ◽  
Legal Regulation ◽  
Energy Sources ◽  
Legal Analysis ◽  
Legal Research ◽  
Modern Period ◽  
Foreign Countries ◽  
The Russian Federation

The article presents a legal analysis of the features of contractual regulation in the use of renewable energy sources in the Russian Federation and foreign countries. It is noted that in the modern period, the sphere of contractual regulation of relations arising from the use of renewable energy sources remains insufficiently studied, which is why it is necessary to conduct legal research in this area, study the experience of contractual regulation in the field of electricity abroad. For the purposes of developing legal regulation, the author proposes a conditional classification of contracts on various grounds.

scholarly journals Application of Economic Analysis of Law Theory as a Basis for Courts’ Judgements in Corruption Crime Cases: (Analyst’s Decision of 45/Pid.Sus/TPK/2011/PN.BDG)

2021 ◽  
Vol 3 (2) ◽  
pp. 84-97
Author(s):  
Peter Jeremiah Setiawan ◽  
Madeleine Celandine Guinevere ◽  
Fauzy Iskandar Alamsyah ◽  
Mohammad Irvan
Keyword(s):  
Economic Theory ◽  
Economic Analysis ◽  
Opportunity Cost ◽  
Cost Benefit ◽  
Legal Analysis ◽  
Economic Analysis Of Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Wealth Maximization ◽  
Theory Of Law

Mastery theory of law is one of the criteria for a good court. One of the law theories currently being developed is economic analysis of law theory. One of the decisions that the judge considered was using economic analysis of law theory in making a decision is a decision of 45/Pid.Sus/TPK/2011/PN.BDG. Therefore, this article will analyze further into the decision of 45/Pid.Sus/TPK/2011/PN.BDG. This research is legal research that uses statute approach, conceptual approach, and case approach. Based on the research, it showed that the features of economic analysis of law theory are: 1) Focused on the philosophy of justice utilitarianism which is the fundamental concept based on felicific calculus, 2) Using the basis of consideration: a) Economic theory as a foundation for legal analysis, b) Using analysis of cost-benefit to create a law and/or c) Consideration of opportunity cost which law will be formed, and 3) Output which is achieved is wealth maximization. Related to the Decision Number Register 45/Pid.Sus/TPK/2011/PN.BDG. in fact, arguable that judges make the decision based on economic analysis of law theory because related to ratio decedendi has fulfilled 3 (three) characteristic economic analysis of law theory.

Legal Analysis of the Deregulation of the Nigerian Downstream Petroleum Industry and Proposal for Development

2021 ◽  
Vol 12 (2) ◽  
pp. 45-57
Author(s):  
Olusola Joshua Olujobi
Keyword(s):  
Federal Government ◽  
Research Method ◽  
Petroleum Industry ◽  
Petroleum Products ◽  
Legal Analysis ◽  
Legal Research ◽  
Conceptual Approach ◽  
Adequate Supply ◽  
Secondary Sources ◽  
Enhance Efficiency

The study seeks to explore the need for deregulation of the downstream sector of the Nigerian petroleum industry and to address the various inefficiencies in the sector to promote adequate supply of petroleum products in Nigeria. The aim is to enhance efficiency in the sector through institutional and regulatory reforms, to promote healthy competition by making reference to the experiences of other relatively advanced jurisdictions to refocus and strengthen Nigeria's downstream Petroleum sector's regulations. The work adopts a conceptual approach relying on extant literature with the application of the doctrinal legal research method. The study also makes use of primary and secondary sources of laws such as statutory and judicial authorities. A key finding is the overbearing presence of the federal government in the sector and inappropriate pricing of petroleum products which have made the sector unattractive to investors to establish private refineries that will guarantee adequate supply of petroleum products and fair returns on their investments due to excessive regulation.

On Devices and Logics of Legal Sense: Toward Socio-technical Legal Analysis

2015 ◽  
Author(s):  
Kyle McGee
Keyword(s):  
Legal Theory ◽  
Black Box ◽  
Legal Analysis ◽  
Small Community ◽  
Legal Research ◽  
Property Damage ◽  
Legal Rules ◽  
Legal Studies ◽  
A Value ◽  
Legal Sense

Kyle McGee argues for the enrichment of socio-legal studies by re-evaluating the operation of rules in legal enunciation, particularly in the ‘judicial Umwelt’. Opposing the tendency to black-box legal rules, prevalent in doctrinal as well as critical or socio-legal research, McGee develops a new articulation of the content of law that would not, in his view, countenance the reduction of law to information. In a departure from his more exploratory book on Latour and legal theory, he focuses here on the means of formal legal speech, walking very slowly, ‘intolerably’ slowly, through the weeds of a US trial court’s opinion in a class lawsuit concerning injuries and property damage suffered by residents of a small community allegedly resulting from a chemical company’s pollution of nearby aquifers. Narrating the slow composition of a legal trajectory out of a multitude of non-legal actors and the court’s methodical de-stratification of complicated levels or planes of enunciation, McGee introduces the jurimorph as a semiotic tool for capturing the peculiar translation that must precede entry into the trajectory and which results in a new legal figure – a value-object or, in later stages, after certain trials have been met, an obligation. The litigants propose competing sequences of value-objects, each leading to the endorsement of their respective positions; the court must submit the virtual sequences to tests, and draws out, actualises, only one pathway of obligations leading to the instauration of a principle.

scholarly journals Sustainable Development in China and Russia: Comparative Legal Research

2021 ◽  
Vol 8 (2) ◽  
pp. 152-167
Author(s):  
X. Fangkun ◽  
N. Symaniuk
Keyword(s):  
Sustainable Development ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Analysis ◽  
Legal Research ◽  
Relevant Today ◽  
The Relationship ◽  
National Systems ◽  
Do So

This article examines the specifics of legal regulation of sustainable development in China and Russia. This topic is exceptionally relevant today since legal regulation of this area should create effective frameworks for the relationship between people and nature. The authors draw attention to the fact that sustainable development is better implemented when it is supported both by international standards and, necessarily, by national laws. The approaches then that China and Russia, both member countries of the BRICS bloc, are taking in implementing sustainable development are of importance, and thus described and contrasted in this study. To do so, the authors apply the comparative legal analysis, which makes it possible to distinguish both the advantages of international and national systems and the disadvantages. Based on their methodology, the authors formulate possible recommendations for each nation.

scholarly journals Natural Resources Management Rights in Land Conservation Areas in Coastal Areas and Small Islands Based on Environmental Sustainability

2021 ◽  
Vol 16 (7) ◽  
pp. 1309-1316
Author(s):  
Adonia Ivone Laturette ◽  
Rory Jeff Akyuwen ◽  
Barzah Latupono ◽  
Arman Anwar ◽  
La Ode Angga ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Environmental Sustainability ◽  
Spatial Planning ◽  
Central Government ◽  
Legal Analysis ◽  
Legal Research ◽  
Conservation Areas ◽  
Legal Principles ◽  
The Government ◽  
Legal Consequences

The coastal area is an area that is very intensively used for human activities, such as the central government area, settlements, industry, ports, aquaculture, agriculture/fishery, tourism, and so on. The existence of these various activities raises the need for space as supporting facilities and infrastructure for each of these activities. This research is a normative legal research. normative legal research is a process to find the rule of law, legal principles, and legal doctrines in order to answer the legal problems faced. The answer obtained from the legal analysis regarding the legal consequences is that the Government does not specifically regulate the regulation of land rights in conservation areas which are determined through the Regional Spatial Planning (RTRW) and Regional Spatial Planning (RZWP3K) so that the legal consequences are uncertainty in law enforcement and also overlapping powers.

PRZESTĘPSTWO PORWANIA LUB PRZETRZYMYWANIA DLA OKUPU W PRAWIE KANONICZNYM KOŚCIOŁA KATOLICKIEGO OBRZĄDKU ŁACIŃSKIEGO

2014 ◽  
Vol 3 (3) ◽  
pp. 71-92
Author(s):  
Olga Arent
Keyword(s):  
Criminal Law ◽  
Canon Law ◽  
Legal Analysis ◽  
Code Of Canon Law ◽  
Legal Research

Subject of this article is the legal research on actions of kidnapping or hostage- keeping forransom, and in return release of the hostages. Likewise in polish criminal law and other penal lawsystems, also in catholic canon law this is a crime. The main point of the article is to illustrate the evolution of law regulations on these crimes, as well as dogmatic and legal analysis of can. 1370 and can. 1397 Code of Canon Law (CIC) from theyear 1983, which are related to it. The article also relates to notification problem and expirationof prosecution. 

scholarly journals Buried Treasure: Excavating Foreign Law from Civil Pleadings Filed in U.S. Federal Courts

2019 ◽  
Vol 47 (1) ◽  
pp. 22-52
Author(s):  
Loren Turner
Keyword(s):  
English Translation ◽  
Large Firm ◽  
Federal Courts ◽  
Phone Call ◽  
Due Diligence ◽  
Legal Analysis ◽  
Legal Research ◽  
Foreign Law ◽  
Law Student ◽  
Government Website

Early last summer, I received a phone call from a law student in the litigation department of a large firm. He was working with a team on a case involving Czech law and, as part of a due diligence review, he was seeking an English translation of a piece of Czech legislation before the firm outsourced the bulk of the foreign legal research to Czech attorney-experts. Although it was easy to find the Czech legislation in Czech from a Czech government website, we could not find an English translation – official or otherwise – from any of our free or subscription-based databases. In the end, we relied on the flawed magic of Google Chrome's translate feature to “translate” the Czech legislation from the Czech government website into English. Despite my protestations and disclaimers, the student was thrilled with our results and insisted he had satisfied his due diligence duties. I hung up the phone and thought to myself: certainly, other American litigants have taken cases involving Czech law. What happens to the foreign law and legal analysis they obtain from their Czech attorney-experts? Assuming they submit some of it to our U.S. courts in the course of litigation, why can't we easily retrieve it?

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