scholarly journals Women in the Captaincy of Paraíba: a Legal History Approach to the Sources of Colonial Brazil

2021 ◽  
pp. 209-235
Author(s):  
Luisa Stella de Oliveira Coutinho Silva
2021 ◽  
Vol 5 (2) ◽  
pp. 598
Author(s):  
Khairuddin Hasballah ◽  
Andi Darna ◽  
Wardana Said ◽  
Hajarul Akbar ◽  
Ihdi Karim Makinara ◽  
...  

This study discusses the way in determining ‘illat through the munasabah method proposed by Imam al-Ghazali in the perspective of Islamic law. The study focuses on two main problems: the identification of ‘illat through munasabah and the legal formulation to utilize hikmat to obtain ‘illat according to al-Ghazali. This normative legal research used a legal history approach as an analytical tool to examine the Islamic scholars’ thoughts on concepts, theories and ways of doing istinbath. The study concluded that according to al-Ghazali there are three kinds of munasabah in determining ‘illat, consisting of munasib mu’atstsir, munasab mula’im, and munasib gharib. In munasib mu’atstsir, there is no issue found in seeking ‘illat because the ‘illat is understood directly from the nash or ijma’. Therefore, munasabah is no longer needed in the determining ‘illat. Here, the munasabah method focuses on munasib mula’im and munasib gharib in identifying ‘illat. Munasib mula’im seeks for the genus ‘illat, an ‘illat drawn from every event that has been predetermined by the nash, by examining the same hikmah in each of the events. Such hikmah is then used as the genus ‘illat which will later be applied as qiyas for other events that have been legally stipulated by the nash. On the other hand, munasib gharib seeks for the species ‘illat, an ‘illat obtained from an event that has been predetermined by the nash, with no comparison found in other events. ‘Illat determined from munasib gharib is also hikmah, having no concrete nature. In the perspective of legal history, this method of seeking ‘illat is inseparable from kalam and philosophy as was the development of the Islamic sciences at the time. As such, this had also affected al-Ghazali’s mastery in Islamic law as well as in other Islamic disciplines. 


Pólemos ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Sarah Wilson

Abstract This article’s support for the critical equity agenda can be found in proposing that scholarship on equity could benefit from embracing a distinctive “Law and History” approach. In doing so, it acknowledges that amongst “mainstream” areas of law, equity has been the subject of very extensive historical scrutiny, and suggests that further but differently focused historicization can complement what is already exigent within conventional legal history alongside critical legal history. In illuminating how “Law and History” might differ from traditional and critical legal histories, the analysis explains how “Law and History” embodies established approaches within both, but emphasises the work of historians to a much greater degree than either. In identifying its current hallmarks, it explains that the parameters of “Law and History” are still being worked through. It also suggests that this notwithstanding, setting out for lawyers how historians perceive themselves and their work, and approach their craft – drawing this from current and highly profiled debate within history itself – identifies the potential of history as a resource of critique across legal scholarship. In identifying historians’ own perceptions of the importance of “mutual reinforcement” in social science scholarship, the analysis also explains how law can become a much more extensive resource of critique for history than is currently the case.


2014 ◽  
Vol 42 (1) ◽  
pp. 1-21
Author(s):  
Oriol Oleart

This contribution deals with the evolution of the traditional Catalan legal system after the end of the Spanish War of Succession (early 18th-Century) up to the late 20th-Century. It shows how the traditional Catalan legal system survived and evolved through the end of the Old Regime to the 19th-Century constitutional system, and focuses on the traditional Catalan legal system (and law compilations) that survives beside the brand new Spanish Civil code, along with other Spanish existing regional legal regulations (due to historical surviving legal systems from pre-existing kingdoms).


2021 ◽  
Vol 5 (2) ◽  
pp. 689
Author(s):  
Mohd Din ◽  
Al Yasa' Abubakar

The purpose of this paper is to describe the position of the Qanun Jinayat as a forum for the implementation of Sharia in Aceh within the framework of the Indonesian constitution. It is considered essential because the implementation of Sharia is conducted based on the UUPA (Law on Governing of Aceh). However, its implementation is often misunderstood, causing the implementation of Sharia to face many challenges from various parties, including the government's official institutions. This article is written to answer the main problem: the alignment of regulations, qanuns, with other laws and regulations. This study is normative legal research using a legal history approach. The analytical tools used are the theory of leveling norms and asymmetric decentralization. The study results show that the Sharia qanuns in Aceh, especially the Qanun Jinayat, have a different position from the regional regulations in other provinces in Indonesia. The difference lies in the special right of the Government of Aceh as a region with asymmetrical decentralization to make its regulations which at a certain level are permitted to be inconsistent with the laws on higher hierarchy. However, it must still align with the basic norms as the primary reference. The existence of special rights for Aceh is considered natural because of its long history, mainly when it is associated with the development of criminal law in Indonesia, which until now still uses the KUHP inherited from the Dutch East Indies. This specificity is a legal order regarding autonomous or special regions.


2021 ◽  
Vol 2 (1) ◽  
pp. 16
Author(s):  
Elisa Sugito ◽  
Erwin Syahruddin

Patent protection in a country cannot be separated from the registration system adopted in that country. In the United States the patent registration system is based on the first-to-invent principle. Even though the United States uses the first-to-invent principle, the United States also regulates protection requirements as European countries, Japan and Indonesia are in the form of new discoveries, containing inventive steps, and can be applied in industry. Meanwhile in Indonesia, the patent protection system used is the first to file system, which is a system that grants patent rights to those who first register a new invention in accordance with the requirements. The purpose of this research is to study and analyze the comparative history of the patent registration system in the United States with the patent registration system in Indonesia. The type of research method used is normative legal research with a comparative law approach and a legal history approach. The results of the study found that patent protection in European countries, the United States, Japan and Indonesia has similarities in protection requirements that regulate novelty, inventive steps, and industrial applications.


2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.


2007 ◽  
Vol 11 (3) ◽  
pp. 460-461
Author(s):  
George L Gretton
Keyword(s):  

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