scholarly journals Legal Research- Descriptive Analysis on Doctrinal Methodology

Author(s):  
Pradeep M.D.

Human beings possess instinct of inquisitiveness in cases of confronting with the unknown aspects of life which probe to attain greater understanding on such uncertainty. This inquisitiveness is the method which man employs for obtaining knowledge is termed as research. It is the art of scientific enquiry into new facts conducted in any branch of knowledge. Generally, Research is the movement from the known towards the unknown to be called as the voyage of discovery. It originally contributes to the existing stock of knowledge facilitating its advancement. Truth is pursued with the help of study, observation, comparison and experiment. Systematic study of the law through doctrinal and non-doctrinal research methods considers to be the socio-legal studies aiming to analyze the impact of legal mechanism on the social system. This paper introduces into the fundamentals of legal research, socio-legal studies, conceptual framework on doctrinal research, steps of doctrinal studies, limitations and differences between doctrinal and non-doctrinal legal research methods.

2017 ◽  
Vol 2 (2) ◽  
pp. 111-120
Author(s):  
Indah Sri Utari

The community of inmates children as a unique and unique social system is difficult to understand when viewed only from the outside, so it is necessary to systematically attempt to know the values, norms, relationships, and objectives-through where and with what they are living, and understand both their own experiences and the world in which they liveThe situational system of the inmates children as human beings (although in this case is the child) to be fostered, is one of the important elements in the whole process of assistance in the Penitentiary is no exception to the Children Penitentiary in Kutoarjo. The entire penitentiary system design, from the assistance program, the assistance mechanism, and the assistance implementation, is actually determined by the circumstances and the reality of the people who are to be fostered, the inmates.The reality of the children inmates who are always on the "social order" in their various communities is essentially constantly changing. Specifically, this study finds links between: the institutional reality of a children penitentiary, which includes the factual circumstances concerning facilities and infrastructure, and the administrative aspects of KutoarjoChildren Penitentiary. The reality of the member of KutoarjoChildren Penitentiaryin the form of identified number of occupants, placement systems, and formal and informal groupings of the targeted children in addition to the build and formed a community of the assisted children in KutoarjoChildren Penitentiary and the basic elements of the Social System of the Auxiliaries in all the community of assisted children and etc.As Soerjono Sukanto said that even though human "convicts" live in a confined state, they instinctively want to interact with fellow inmates. This instinct is referred to as "gregariousness" (Soekanto: 1998: 73), which in the last instance will give birth to so-called "social groups". In this context created social structure, social system, norms and so on.


Author(s):  
Manish Nangia ◽  
Sonali Roshan Saldanha

The concept of sustainable development arises from a global perspective of seeing survival, progress, and the continued, improved life of human beings and their society. Sustainable development entails all processes of fundamental change in the social system and institutions. All businesses need to grow and be profitable. Companies in the public and government sectors are developing sustainable methods of manufacturing process and market development strategies. Corporate Social Responsibility, or Corporate Sustainability, has a crucial social component as companies think of profiting and ways and means to protect the environment. Sustainable innovators create new products and services designed to solve the problems created by the impact of economic growth, increasing population, and diminishing natural resources. The new awareness of global warming is set and there are efforts from the entire earth to address this challenge.


2020 ◽  
Vol 2 ◽  
pp. 1-18
Author(s):  
Tuncay Şur ◽  
Betül Yarar

This paper seeks to understand why there has been an increase in photographic images exposing military violence or displaying bodies killed by military forces and how they can freely circulate in the public without being censored or kept hidden. In other words, it aims to analyze this particular issue as a symptom of the emergence of new wars and a new regime of their visual representation. Within this framework, it attempts to relate two kinds of literature that are namely the history of war and war photography with the bridge of theoretical discussions on the real, its photographic representation, power, and violence.  Rather than systematic empirical analysis, the paper is based on a theoretical attempt which is reflected on some socio-political observations in the Middle East where there has been ongoing wars or new wars. The core discussion of the paper is supported by a brief analysis of some illustrative photographic images that are served through the social media under the circumstances of war for instance in Turkey between Turkish military troops and the Kurdish militants. The paper concludes that in line with the process of dissolution/transformation of the old nation-state formations and globalization, the mechanism and mode of power have also transformed to the extent that it resulted in the emergence of new wars. This is one dynamic that we need to recognize in relation to the above-mentioned question, the other is the impact of social media in not only delivering but also receiving war photographies. Today these changes have led the emergence of new machinery of power in which the old modern visual/photographic techniques of representing wars without human beings, torture, and violence through censorship began to be employed alongside medieval power techniques of a visual exhibition of tortures and violence.


2017 ◽  
Vol 22 (4) ◽  
pp. 641-659 ◽  
Author(s):  
Allen Wood

AbstractMarx holds that capitalism is exploitative, but not unjust. Kant crafted a theory of right that explains why human beings are treated unjustly when the social system deprives them of the conditions of a free life. This essay attempts to relate Kant’s and Marx’s views to one another and to the capitalist social system, which these two thinkers studied at different stages of development. The economic and social theories of Fichte and Hegel are also employed to help make sense of the points of agreement and of disagreement between Kant and Marx concerning the ways modern capitalism deprives workers of freedom and whether this deprivation should be condemned as unjust.


2016 ◽  
Vol 16 (2) ◽  
pp. 102-107 ◽  
Author(s):  
Adrian Howe

AbstractThis article by Adrian Howe is based on a presentation given at the ‘Sources and Methods in Criminology and Criminal Justice Conference’ in November 2015, jointly sponsored by the Institute of Advanced Education and the Socio-Legal Studies Association. She begins by querying whether there are indeed distinct feminist methods in the social sciences. She outlines the impact of what she calls the ‘methodical revolution’ on the criminology discipline, Foucault's contribution and Foucauldian methodologies deployed in criminological and criminal justice research.


2020 ◽  
Vol 1 (1) ◽  
pp. 181-186
Author(s):  
I Gusti Agung Gede Catra Artawan ◽  
I Nyoman Budiartha ◽  
I Nyoman Sutama

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).


2020 ◽  
Vol 8 (6) ◽  
pp. 49-59
Author(s):  
Nataliia Lipovska ◽  
Mykola Malanchii

The article reveals the technology of assessing the professional suitability of officials to perform their functions on the basis of the method of modeling and comparing assessments with the necessary parameters for the position, ie with the model. The term "model" is used as a holistic description of the coordination of the requirements of the social system (SS) with the possibilities of their implementation. The model in this case is a professional standard, which is developed for each position. The professional standard is the agreed standard by which employees should work. This method - the method of evaluation using a professional standard, is the result of the implementation of the principle of consistency in the construction of the model. According to the authors, the method is not only novelty approach, but also versatility. It is possible to estimate by means of a professional standard not only the expert, but also group, potential of collective, it is possible to make comparisons, to define weaknesses and strongnesses of the organizations. The technique developed by authors is offered that allows to carry out various necessary variations with the estimated signs, including visual display of results in various forms.Job modeling refers to ideal or imaginary modeling (as opposed to material, substantive, when modeling physical and mathematical objects) and is based largely on the idealization of the object. In our opinion, at no stage can the model be embodied in an absolutely accurate copy due to the unforeseen influence of many external factors.Modeling of evaluation characteristics in personnel activity is a necessary element in the real assessment of the state of affairs in the State Border Guard Service of Ukraine. That is why their importance is growing in the context of its reform, taking into account the impact on it of both negative and positive factors.


2016 ◽  
Vol 24 (1) ◽  
Author(s):  
Muhammad Kamaldeen Imam-Tamim ◽  
Oluwadamilola Oyeyipo ◽  
Yahaya A. Alajo

The advent of Global System for Mobile Communication (GSM) in Nigeria has brought immense advantages to the social and economic activities in the country. Despite the various advantages, the installation of telecommunication masts and base stations in residential areas has led to anxieties, fears and debates about the possible adverse effects on human health as well as security of properties. Instead of addressing the fears, the telecommunication companies continue to install telecommunication masts and base stations in the residential areas unabated. The article assesses the impact of these installations on health and properties of the residents in order to consider the reality of the fears and examines Nigerian laws to find out whether there are regulations that control how telecommunication masts are to be installed in residential areas to prevent health and property threat to the inhabitants. The article employs both doctrinal and non-doctrinal approaches of the qualitative legal research method by analysing legal and relevant texts and by conducting site surveys as well as unstructured interviews with residents who live near telecom masts.


Author(s):  
Santiago Cambero Rivero

Esta investigación focaliza en los modelos de gestión de la edad de las personas que componen las entidades no lucrativas (ENL) como organizaciones sociales que garantizan la prestación de servicios básicos entre las personas más vulnerables. El progresivo envejecimiento en la sociedad española está cambiando el perfil de la ciudadanía en general, y en concreto en los miembros de las organizaciones que nconfiguran el sistema social. Así, se analiza el impacto de los procesos de intercambio intergeneracional de información y conocimiento en las ENL que actúan en la comunidad autónoma de Extremadura. Tales procesos pueden observarse desde los modelos de gestión de la edad de trabajadores y de voluntariado, para la ponderación del know how transmisible de generación en generación como parte de la cultura de estas organizaciones.This research focuses on the age management models of people who make up nonprofit organizations (NPOs) as social organizations that guarantee the provision of basic services among the most vulnerable people. The progressive aging in the Spanish society is changing the profile of the citizenship in general, specially within the members of the organizations that configure the social system. Thus, the impact of the processes of intergenerational exchange of information and knowledge inside the NPOs are performing in Extremadura. Such processes can be observed from the models of management of the age of workers and volunteers, for the weighting of the know how transmissible from generation to generation as part of the culture of these organizations. 


Author(s):  
ULVA NUR HIDAYAH ◽  
NIKE WIDURI ◽  
SYARIFAH MARYAM

The establishment of oil palm companies let impact on society.  The purpose of this study was to know the social and economic impact of  the establishment of oil palm company on the community. This research was conducted from May to July 2019 in Loleng Village, Kota Bangun District, Kutai Kartanegara District. Oil palm company exists in there namely PT. Prima Mitrajaya Mandiri.  Number of respondents was as many as 44 respondents divided into two parts, namely 22 respondents are residing close to the company and 22 respondents are living far away from the company. The method of data analysis that used was descriptive analysis. The research results showed that oil palm company let  positive impact on the community who live near to the company. The establishment of  company opens employment opportunities,  increases people's living standards, and opens business opportunities.   The company gives many help for community lives near the company such as financial assistance to orphans, school repair assistance, and road repair assistance. People who live far away from the company  did not have the positive impact.


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