scholarly journals Moral Assessments and Legal Categories

2022 ◽  
Vol 21 ◽  
pp. 183-207
Author(s):  
Robert Gleave
Keyword(s):  
Moral Theory ◽  
Legal Theory ◽  
17Th Century ◽  
Legal Authority ◽  
Causal Connection ◽  
Rational Basis ◽  
Good Action ◽  
Moral Basis ◽  
Legal Consequences

In this chapter, I examine the discussion around the rational and moral basis for legal categories in postclassical Imāmī Twelver Shīʿī legal theory. The debate was pushed forward by the Akhbārī movement in the 17th century CE; they proposed a novel position concerning the rational basis for the law in which reason can determine certain moral aspects of an action (e.g., a good action can be recognised by reason, and its performance attracts praise), but not legal elements (e.g., that the performance of a good action deserves a reward beyond praise). This leaves, for them, the Lawgiver (that is, God) to connect the moral aspects of an act with its legal consequences (that is punishment for a morally bad action and reward for a morally good action); that causal connection cannot be made by reason alone. Based on these findings, I conclude that Akhbārī moral theory, often read along literalist lines, showcases an adherence to the Muʿtazilī-derived framework common to the Imāmī Twelver Shīʿī theology and law generally, whilst also reserving ultimate legal authority to God.

Due To Sell Off Power Of Legal Documents Are Made In Making Act Commerce Land And Buildings By Notary

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 777
Author(s):  
Paulus Meldif Dika Pratama ◽  
Gunarto Gunarto
Keyword(s):  
Income Tax ◽  
Government Regulation ◽  
Legal Theory ◽  
Real Life ◽  
Social Institution ◽  
Justice Theory ◽  
Certificate Authority ◽  
Legal Documents ◽  
Legal Consequences ◽  
Made In

The purpose of this study was to analyze the legal consequences of the agreement of power sell off made in the manufacture of an agreement of sale by Notary. Legal theory used in this study, among others: justice theory, the theory of authority and responsibility theory. The approach used in this study is primarily sociological juridical approach. Sociological juridical approach is to identify and conceptualize law as a social institution that is real and functional in a real life system. The results of this study finally provides the answer that the certificate authority to sell off which made the authorizer to the Proxy should still be subject to and required for payment of taxes from the sale of land and / or buildings that have been sold such, it thus obliged Notary socialize at the time the parties face because it is concerned responsibility by agreement authorized to sell he made in the manufacture of an agreement of sale in accordance with the provisions stipulated in the Indonesian Government Regulation No. 36 of 2016 regarding Income Tax on Income From the Transfer of Rights to Land and / or Buildings, And Agreements sale and purchase Land And / Or Building Along with its amendment.Keywords: Certificate Authority To Sell; Agreement Of Sale; Notary.

scholarly journals PRAWO RZYMSKIE W DAWNEJ ANGLII W ŚWIETLE POGLĄDÓW ARTURA DUCKA (WYBRANE ZAGADNIENIA)

2017 ◽  
Vol 6 (2) ◽  
pp. 117
Author(s):  
Łukasz Marzec
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
17Th Century ◽  
Roman Law ◽  
Striking Similarity ◽  
Oxford University ◽  
Contemporary Research ◽  
Early English ◽  
Court Of Chancery ◽  
General Opinion

The Views of Arthur Duck on Roman Law in EnglandSummaryThe aim of this paper is to discuss the views of sir Arthur Duck on the influence and power of Roman Law in England up to 17th century, which he analysed in his work De Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum first published in 1652. Chapter 8 of this book seems to be an important source for the contemporary research. Duck, a legal practitioner, a politician and a D. C. L. presented a unique view on the matter. A detailed study shows that the following areas and solutions of the English legal system bear signs of the Roman influence: courts (e. g. Court of Chancery, Court of Admiralty, Court of the Constable and Marshall), lectures at the Oxford University, Vacarius school of law, early English legal writings, legal theory and science. Duck was probably the first to notice and mark the striking similarity between Roman procedure of the ius honorarium and the English equity. He disagrees with the general opinion that the Roman Law exercised no authority in England. 

scholarly journals The Legal Authority of the Jurist and Its Scope in Modern Iran

2020 ◽  
pp. 1-27
Author(s):  
Seyfeddin Kara
Keyword(s):  
Social Change ◽  
Islamic Law ◽  
Legal Theory ◽  
Political Authority ◽  
Legal Authority ◽  
Intrinsic Connection ◽  
Legal Perspective ◽  
The Social ◽  
The Subject

The development of Shīʿi jurisprudence has mostly been studied from the perspective of its relation to political authority. A handful of works that have examined the subject from a purely legal perspective, neglected the influence of Muslim societies on the evolution of Shīʿi legal theory. The paper examines the development of Shīʿi jurisprudence from a legal perspective and argues that there is an intrinsic connection between Islamic law (both Sunni and Shiʿi laws) and Muslim societies. Therefore, the changing values and expectations of society prompt changes in Islamic rulings. In this sense, the evolution of Shīʿi legal theory is no different to Sunni legal theory, and there are striking similarities between Khomeini's theory of Wilāyat al-Faqīh and the Sunni legal notion of maṣlaḥa which both aim to respond to the exigencies of the social change.

Justifying Too Much

2020 ◽  
pp. 419-434
Author(s):  
Bob Brecher
Keyword(s):  
Moral Theory ◽  
Long Term Consequences ◽  
Rule Out

In this chapter, I analyze the use and abuse of utilitarianism in the torture debate, arguing that the latter might turn out to be utilitarianism's nemesis. For what the debate lays bare is that, if we are to take utilitarianism seriously, then we must be prepared to torture the alleged terrorist's child, or indeed anyone at all, to prevent the so-called imminent catastrophe. Furthermore, if that conclusion is unpalatable on rule-utilitarian grounds—in terms of the institutional and long-term consequences of such a practice—then those same sorts of consideration rule out torturing the alleged terrorist themselves. That this is systematically obscured by those who would purport to justify interrogational torture by their being highly selective about the consequences they consider, and/or by arbitrarily “modifying” the scope of utilitarianism when it generates inconvenient conclusions, again suggests that utilitarianism may be fundamentally flawed; and that its use to defend interrogational torture shows this. The argument is in four sections: a refutation of the alleged necessity of interrogational torture in “ticking bomb” cases; an analysis of utilitarian proponents' of interrogational torture properly to understand that their utilitarianism cannot accommodate non-utilitarian limits when inconvenient; third, their failure to acknowledge the implications of that for the permissibility of torturing known innocents to force others to divulge information; and, fourth, how these considerations come together to suggest that utilitarianism might not be a moral theory at all.

Choosing a Legal Theory on Moral Grounds

1986 ◽  
Vol 4 (1) ◽  
pp. 31-48 ◽  
Author(s):  
Philip Soper
Keyword(s):  
Natural Law ◽  
Moral Theory ◽  
Legal Theory ◽  
Moral Authority ◽  
Legal Positivism ◽  
The Other ◽  
Law And Morality ◽  
The Cost ◽  
Practical Implications

I. INTRODUCTIONTwenty-five years is roughly the time that has elapsed since the exchange between H. L. A. Hart and Lon Fuller and the subsequent revival in this country of the natural law/positivism debate. During this time, a curious thing has happened to legal positivism. What began as a conceptual theory about the distinction between law and morality has now been turned, at least by some, into a moral theory. According to this theory, the reason we must see law and morality as separate is not (at least not entirely) because of the logic of our language, but because of the practical implications of holding one or the other of the two traditional views in this area. The natural law theorist, it is said, can connect law and morality only at the cost of investing official directives with undeserved moral authority, thus encouraging obedience where there should be none. The natural law position should therefore be rejected – and the positivist's accepted – on moral grounds.

scholarly journals LIMITS OF FORMATION OF THE ACTUAL COMPOSITION AS THE BASIS FOR THE EMERGENCE OF LEGAL CONSEQUENCES

2021 ◽  
Vol 6(72) (3) ◽  
pp. 112-120
Author(s):  
E. Yu. Tsukanova
Keyword(s):  
Legal Theory ◽  
Current Level ◽  
Legal Consequences

This article analyzes the problem of determining the boundaries of the actual composition as a system of legal facts, which together are the basis for the emergence, amendment or termination of legal relations. The relevance of this issue for the current level of legal theory is indicated. Further, based on a study of the approaches of various scholars to solving this issue, the criteria for distinguishing between legal facts and legal conditions are identified. The author’s opinion on the prospects for solving this problem is also expressed and argued.

Introduction

2017 ◽  
Author(s):  
John Oberdiek
Keyword(s):  
Moral Theory ◽  
Legal Theory ◽  
Ideal Theory ◽  
Legal Philosophy ◽  
Normative Framework ◽  
Positive Law

The Introduction situates the book’s aims among the aims of contemporary moral and legal philosophy, and traces the underappreciation of what might be called the morality of risking to features of moral and legal philosophy as traditionally practiced. Moral theory has traditionally been concerned with ideal theory, prescinding from the epistemic limitations that give rise to questions of risk. Legal theory, though more sensitive to our epistemic limitations, has nevertheless focused on the most practical issues that revolve around risk, paying little attention to those not already attended to by positive law. The Introduction previews the various issues that a normative framework of imposing risk must address and provides a chapter-by-chapter overview of the volume as a whole.

Corporate Personality: Myth, Fiction or Reality?

1991 ◽  
Vol 25 (2) ◽  
pp. 156-186
Author(s):  
Boudewijn Bouckaert
Keyword(s):  
Nineteenth Century ◽  
Legal Theory ◽  
Western World ◽  
Legal Systems ◽  
Commercial Law ◽  
Market Economies ◽  
The World ◽  
Legal Consequences ◽  
Corporate Personality

1. When touching upon the question of the nature of corporate personality most lawyers will at best make a link with some paragraphs from the introduction to their commercial law course. They will remember that during the nineteenth century fierce theoretical battles were fought on questions such as whether we should treat supra-individual and non-individual entities as “persons”, under what conditions we should recognize their personality and what should be the legal consequences of such recognition. But no matter how interesting this debate must have been, to revive it is tantamount to becoming a public menace. Already in 1953 H.L.A. Hart, certainly an authority on legal theory, declared that “the juristic controversy over the nature of corporate personality is dead”. In many respects this assessment is correct. Despite the numerous differences about the conditions of recognition, about the possible types of corporations and associations which are subject to corporate personality, about the solidity of the corporate veil, we can observe that nearly all legal systems in the world adopt the notion of corporate personality as such. We may assume the notion will become even more important in the former socialist world, as these countries try hard to reshape their economies along the lines of the market economies in the Western world.

scholarly journals Existence Of Agreement In Foreign Language In The Process Of Verification In The Court

2020 ◽  
Vol 6 (3) ◽  
pp. 357
Author(s):  
Yuhelson Yuhelson ◽  
Ramlani Lina Sinaulan ◽  
Bambang Utoyo
Keyword(s):  
Foreign Language ◽  
Legal Theory ◽  
Secondary Data ◽  
Foreign Languages ◽  
Primary Language ◽  
Analysis Method ◽  
Positive Law ◽  
The Law ◽  
Legal Consequences ◽  
Made In

<p>In line with the increasingly waning of the State borders in trade and business, then currently many trade and business agreements in Indonesia are made or entered into inforeign languages. The law has in principle governed the language of the agreement, in which the Law requires the use of the Indonesian language as the primary language of the agreement, while the secondary language may use language understood by those who do not understand the Indonesian language. The problems a rise when the parties to the agreement do not understand the language arrangements provided for by this law and use Foreign languages as the primary language even further as the only language used in an agreement. This is certainly contrary to the provisions of the law and vulnerable to create new legal problems. The method used is jurical normative, amethod that examines the application of principles or norms in positive law, which examines the legal force of agreement made in private form in a foreign language. The data used are secondary data consisting of primary, secondary and tertiary legal materials. With regard to data analysis was done by using juridical qualitative analysis method. The legal theory used is the legal certainty theory according to Jan Michiel Otto and Substantiation Theory. The results of this study is an agreement made or entered into ina foreign language has no legal substantiation before a Courtof law as they are contrary to the provisions of Article 31 of Law Number 24 of 2009. There fore the legal consequences of an agreement made in private form in a foreign language is considered to be null and void, and as a consequence, such agreement is considered never to exist.</p>

scholarly journals GAMTINIŲ BŪTYBIŲ MORALINIŲ TEISIŲ NEANTROPOCENTRINIAI ETINIAI ARGUMENTAI

Problemos ◽  
2005 ◽  
Vol 68 ◽  
pp. 128-134
Author(s):  
Jūratė Mackevičiūtė ◽  
Skaidrė Žičkienė
Keyword(s):  
17Th Century ◽  
Theory And Practice ◽  
Moral Rights ◽  
Legal Rights ◽  
Ecological Ethics ◽  
Moral Basis ◽  
Animal Farms ◽  
Main Representative

Straipsnyje analizuojami žmogaus ir gamtos santykio sampratos aspektai, parodant, kad išplečiama nežmogiškųjų gyvųjų būtybių teisių sfera, pripažįstant gyviems ir negyviems gamtos objektams vidinę vertę, nustatomą pagal moralinius, estetinius ir kitokius kriterijus, ypač matant gyvūnų gebėjimą jausti skausmą, taip pat vadovaujantis nuostata, kad individo teisės laikytinos svarbesnėmis nei visos grupės. XVII amžiuje J. Locke’as teigė, kad kiekvienas žmogus, neatsižvelgiant į rasę ir lytį, turi prigimtines teises į gyvenimą, laisvę, sveikatą, laimės siekimą. Plėtodami aplinkosauginę teoriją ir praktiką, XX amžiaus ekofilosofai moralinių teisių teorijà išplėtė iki natūralios gamtos ir jos objektų, gyviems ir negyviems objektams priskirdami prigimtinų, moralinių teisių kategoriją. Jeigu objektas turi moralinį statusą, tai jis turi ir moralines teises. Apžvelgiami du galimi gyvūnų prigimtinių teisių įrodymai: utilitaristinis ir deontologinis. Apibendrinamos gyvūnų teisių gynėjų pozicijos. Reikšminiai žodžiai: prigimtinė (moralinė) teisė, deontologinis požiūris, utilitarizmas, T. Reganas, P. Singeris. ARGUMENTS ON NONANTROPOCENTRIC ETHICAL NATURE’S RIGHTSJūratė Mackevičiūtė, Skaidrė Žičkienė Summary In this article the authors explore preconditions of nonantropocentric ethical nature’s rights. In the 17th century J. Locke proposed a concept of innate rights, maintaining that every man has innate rights to life, freedom, health, striving for happiness. These rights are different from legal rights, which have legal and moral basis recognized by everybody. However, according to Locke, nature has no innate moral rights. Three centuries later, this theory was expanded to nature and its objects, both animate and inanimate by applying the category of innate moral rights. This was performed by Western ecophilosophers, when they were developing theory and practice of protecting the environment. Nowadays the ecological ethics presents two possible proofs of animals’ innate (moral) rights: utilitarianistic and deontological. According to P. Singer, the main representative of the utilitarianistic trend, every live being deserves attention not because of its reason, but because of its ability to feel. The views of T. Regan, the most prominent representative of the deontological trend, are far more radical, as he demands not to reform human’s behaviour towards nature but to end the existence of animal farms and to forbid both commercial and sports hunting. In the context of ecological ethics, protectors of animals’ rights define their trend as the whole of ideas about moral and legal human’s behaviour towards animals. Keywords: innate moral rights, utilitarianistic trend, deontological trend, T. Regan, P. Singer. 

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