objective theory
Recently Published Documents


TOTAL DOCUMENTS

49
(FIVE YEARS 14)

H-INDEX

4
(FIVE YEARS 0)

2021 ◽  
Vol 10 (2) ◽  
pp. 222
Author(s):  
NFN Atisah

This paper aims to analyze and reveal the values of religiosity in the animal story or fable A Mouse Deer Who Always Remembers God. The method used is descriptive analysis method and the theory used to analyze the work is an objective theory based on the work itself. In the fable, the deer figure is very famous, he is smart and always gets a solution when facing problems. He often uses his senses well. In the story "A Mouse Deer Who Always Remembers God", the deer figure always gets a solution to every problem because he always remembers God. The author of the (anonymous) deer story seems to realize that even a creature (animal) always remembers God, what about us humans? By always remembering God life will be saved. This is the hidden message of the author. This fable genre turns out not only to function as entertainment, it also has various functions such as didactic functions, advice, satire, and even.AbstrakTulisan ini bertujuan menganalisis dan mengungkapkan nilai-nilai religiusitas dalam cerita binatang atau fabel Seekor Kancil yang Selalu Ingat kepada Tuhan. Metode yang digunakan adalah metode deskriptif analisis. Konsep religiusitas akan menjadi pijakan dalam menemukan nilai-nilai religiusitas yang dimaksud di dalam fabel yang menjadi objek material di dalam tulisan ini. Dalam fabel sosok kancil sangat terkenal, ia berwatak cerdik dan selalu mendapat solusi ketika menghadapi masalah. Selain karena ia sering menggunakan akal dengan baik juga karena ia selalu ingat pada Tuhan. Pengarang cerita kancil (anonim) tersebut tampak menyadari bahwa seekor makhluk (binatang) pun selalu ingat Tuhan, dengan selalu mengingat Tuhan hidup akan selamat. Inilah pesan tersembunyi pengarang. Genre fabel ini ternyata tidak hanya berfungsi sebagai hiburan, tetapi juga memiliki berbagai fungsi seperti fungsi didaktik, nasihat, sindiran, bahkan kritik sosial.


2021 ◽  
pp. 13-19
Author(s):  
Belova M. A. ◽  

Currently, in the legal doctrine of Germany, a heated discussion continues between representatives of the objective and subjective schools of interpretation. Opponents of the objective theory argue that the mistakenly called «objective» method, which largely supplants the will of the legislator, leads to the fact that from a rule of law based on the principle of separation of powers, Germany turns into a «state of judges». The purpose of this work is to study the content and topical problems of objective and subjective theories of interpretation of law in the modern German legal doctrine. To achieve this goal, the following tasks are being solved: the analysis of the content and structure of theories of interpretation in the modern legal doctrine of Germany is carried out; defines the distinction between the concepts of interpretation (Auslegung) and development (Rechtsfortbildung) of law; analyzes the position of the Federal Constitutional Court of the Federal Republic of Germany on the choice of the method of interpretation; the position of German legal scholars on the admissibility of «judicial law» is analyzed. In the course of the study, the following methods were used: analysis and synthesis, hermeneutic, comparative method. As a result of the study, it was possible to come to the following conclusions: 1) in contrasting the subjective and objective theories of the interpretation of normative legal acts in the modern German legal doctrine, the complex difference between the interpretation (Auslegung) and the development of law (Rechtsfortbildung) is considered, for the substantiation of which changing semantic theories are used, which are based not only on a methodological problem, but also, possibly, a different understanding of the Constitution and ideas about the tasks, as well as the boundaries of jurisprudence. Subjective theory attaches decisive importance to the regulative will of the legislator, the correct method of interpretation according to this theory is to first investigate the historical prescription and purpose (Zweck). The objective theory, on the contrary, proceeds from the idea that the law from the moment of publication «breaks away» from the legislator and henceforth is independent, so that the will of the rulemaker no longer matters; 2) the need for a clear delimitation of the judicial development of law from interpretation. The limitation of judicial possibilities in the interpretation and development of law lies in the fact that they must be carried out according to the accepted rules of interpretation. The established methodology, that is, the formal correctness of the trial, provides, to a certain extent, confidence in the material correctness of the decision and prevents arbitrariness.


Author(s):  
Nicholas Tiverios

At a broad level of generality, the orthodox approach to interpreting contracts, trusts, wills, security documents, company constitutions (etc.) is the same: a search for the objective meaning to be attributed to the author(s) of the instrument. This uniform hermeneutic thesis was most clearly set out in the High Court of Australia’s decision in Byrnes v Kendle [2011] HCA 26; (2011) 243 CLR 253. In light of this thesis, there are two main reasons for this article. The first is to respond to a criticism of this uniform objective approach that I have heard several times. The criticism is that as each species of legal obligation is different, it follows that different rules of interpretation should apply when the given legal context changes (e.g. why not ask the settlor of an inter vivos trust what she meant to say when an interpretational dispute arises). The second reason is to demonstrate that the explanations most commonly given in defence of an objective approach to interpretation, namely to promote legal certainty and economic efficiency, fail to capture the essential reason why the objective approach permeates the general law. The thesis put forward in this article is that an objective theory of interpretation is a justifiable aspect of private law because language (being a form of communication) does not operate unilaterally but requires stable and dependable shared conventions. This argument is supported by the further claim that where the author of a legal instrument utilises these publicly recognised conventions in order to affect her legal relations with others then she ought to be bound by those conventions.  One cannot have the benefit of ‘conventions for me but not for thee.’


Author(s):  
Jan Stajnko

When dealing with attempts to commit a crime against life and limb, it is not always easy to distinguish between mere preparatory conduct and criminal attempt. This contribution seeks to first outline some issues which arise when trying to set a clear demarcation line between those two phases of iter criminis. In the second part, the search for suitable differentiation theories in Slovene criminal legal doctrine is briefly outlined, while the third part seeks to establish that the individual-objective theory of differentiation can further help us to distinguishing between different steps (“acts”) of the perpetrators conduct. What is more, it is argued that the individual-objective theory can be a useful tool for distinguishing between essential and nonessential steps. In the final part of this contribution, author warns that the individual-objective criteria should not be abused as an instrument for arbitrary extension of criminal attempts towards the field of (decriminalized) preparatory conduct.


2021 ◽  
Vol 118 (1) ◽  
pp. 71-85
Author(s):  
Robert P. Sellers

The meaning of the death of Jesus on the cross has been interpreted differently from the first century until today. Of the many theories proposed throughout Christian history, the dominant understanding, especially among evangelical Protestants since the Reformation and perhaps dating from Anselm of Canterbury in the eleventh century, has been the penal-substitutionary view of atonement. Christ died to pay the penalty for human sin, so humanity can receive forgiveness by trusting in the efficacy of Jesus’s death on its behalf. This explanation is an objective theory that is “Godward focused,” understanding the work of Christ as a divine plan to satisfy what God requires: expiation for human sin. Other competing theories, however, reject this idea and propose more subjective views that are “humanward focused.” This article considers the reality of different, imperfect perspectives about matters as complex as the interpretation of God. It connects the writer’s affirmation of the plurality of religious experience with his having lived a quarter century in the multifaith milieu of Java. It touches on specific opposing theories of atonement, endorsing as more useful in our interreligious world the subjective approaches to understanding the cross. It advocates an intriguing argument for the plurality of end goals, or “salvations,” among the world’s religions. Finally, it uses the less dominant models of martyr motif and the moral example theory to investigate how the concept of atonement might be understood in the context of four major world religions other than Christianity, suggesting that acknowledgment of the legitimacy of different approaches to the Divine is a distinctly “Christian” way to live in a diverse world.


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Victoria Sherly Endrico Putri

The development of mining crimes without mining business licenses at this time still occurs a lot, even though it has been regulated in Law Number 4 of 2009 concerning Mineral and Coal Mining, but in reality, convictions against perpetrators of mining business crimes without permits still deviate from Law Number 4 of 2009 concerning Mineral and Coal Mining, and not a few also the perpetrators of mining business without permission are given a light punishment not in accordance with the existing regulations even exempt. If this is kept on continuously, then mining business activities without permits will become more widespread and this will greatly harm the country and damage the environment. As for that being a problem formulation in the writing of this are how the mechanism of mining business activities in the mining of PT Utama Kawan Energi and whether the punishment in Case Decision Number 153 K / PID.SUS / 2016 has been in accordance with Law Number 4 of 2009 concerning Minerals and Coal Mining. And in this paper, using normative legal research methods (literature) to get the results of research on matters that are the problem in this writing, namely PT Utama Kawan Energi in conducting mining business activities not in accordance with what is regulated in Law Number 4 In 2009 about Minerals and Coal and the Judges even though they had punished him according to the laws and regulations, however, in imposing judgments the judges gave very light punishments, it should be based on the objective theory of absolute punishment, the Judges should give maximum punishment because what the defendant caused was very large.


2020 ◽  
Vol 20 (4) ◽  
pp. 487
Author(s):  
Dian Agung Wicaksono ◽  
Andy Omara

Penelitian mengenai ratio legis kedudukan hukum Pemohon dalam pengujian UU merupakan penelitian fundamental yang perlu untuk dilakukan dalam rangka mengetahui aspek sejarah hukum mengenai asal usul pengaturan mengenai kedudukan hukum Pemohon dalam pengujian UU. Temuan dari penelitian ini merupakan bagian yang tidak terpisahkan dari penelitian hukum dalam studi doktoral mengenai dinamika kedudukan hukum Pemohon pada pengujian UU oleh Mahkamah Konstitusi. Penelitian ini secara spesifik menjawab pertanyaan: (a) Apa ratio legis dari pengaturan kualifikasi aktor sebagai Pemohon pada pengujian UU? (b) Apa ratio legis dari Mahkamah Konstitusi dalam merumuskan syarat kerugian konstitusional Pemohon pada pengujian UU? Penelitian ini menggunakan metode yuridis normatif, dengan menganalisis data sekunder berupa peraturan perundang-undangan, putusan Mahkamah Konstitusi, dan literatur yang terkait dengan doktrin kedudukan hukum dalam pengujian UU. Hasil dari penelitian ini menunjukkan bahwa ratio legis dari pengaturan kualifikasi aktor sebagai Pemohon pada pengujian UU sejatinya merupakan rumusan yang dikembangkan dari PerMA 2/2002, sedangkan ratio legis dari Mahkamah Konstitusi dalam merumuskan syarat kerugian konstitusional didasarkan pada: (a) ketentuan Pasal 51 Ayat (1) UU MK secara expressis verbis; (b) doktrin the objective theory of constitutional invalidity dan doktrin a broad approach to standing; serta (c) doktrin causation dan doktrin redressability dari praktik peradilan di Amerika Serikat.


2020 ◽  
Author(s):  
Alanoud Abdulaziz Alghanem

The present study is theoretically oriented proposing to re-read some major tenets of the New Critics and the reader-response critics in an attempt to reconsider the objective theory of the New Critics to test whether it is sufficient in catering for all aspects of a text. It works via the exploration of both protocols set by a number of the major founders of both theories aiming to reveal the oppositions, commonalities as well as undeclared similarities. The critical controversy will thus be brought to light, in a bid to point out the shortcomings of each approach. Throughout this exploration, the study demonstrates that the ontological approach of the New Critics becomes incomplete and doubtful. It proves that the New Critics’ ‘affective fallacy’ has sprouted the postmodern theory of the reader-response criticism where the reader is no longer a passive recipient, but an active agent who fills in the blanks and formulates meanings. Thus, the study concludes by proving that there are some commonalities between the New Critics and the Reader-response adherents highlighting the triumph of the latter in undermining the New Critics’ objectivity. The significance of the study lies in adopting the reader-response approach per se in the re-reading of the New Critics’ doctrines where the researcher comes up with new findings that testifies the crucial role of the reader/researcher in the production of new interpretations. The study concludes with some recommendations for further use.


Author(s):  
Alanoud Abdulaziz Alghanem

The present study is theoretically oriented proposing to re-read some major tenets of the New Critics and the reader-response critics in an attempt to reconsider the objective theory of the New Critics to test whether it is sufficient in catering for all aspects of a text. It works via the exploration of both protocols set by a number of the major founders of both theories aiming to reveal the oppositions, commonalities as well as undeclared similarities. The critical controversy will thus be brought to light, in a bid to point out the shortcomings of each approach. Throughout this exploration, the study demonstrates that the ontological approach of the New Critics becomes incomplete and doubtful. It proves that the New Critics’ ‘affective fallacy’ has sprouted the postmodern theory of the reader-response criticism where the reader is no longer a passive recipient, but an active agent who fills in the blanks and formulates meanings. Thus, the study concludes by proving that there are some commonalities between the New Critics and the Reader-response adherents highlighting the triumph of the latter in undermining the New Critics’ objectivity. The significance of the study lies in adopting the reader-response approach per se in the re-reading of the New Critics’ doctrines where the researcher comes up with new findings that testifies the crucial role of the reader/researcher in the production of new interpretations. The study concludes with some recommendations for further use.


TheGIST ◽  
2020 ◽  
Vol 3 (1) ◽  
Author(s):  
Patria Supriyoso ◽  
Ria Nirwana ◽  
Yeni Dewi Cahyani

The aims of this study were to find out the types of meaning, and advertising objectives in airplane company slogans. Based on the research phenomenon, public does not understand the meaning of the message of the English slogan of the airline company as an advertising medium for the public. This research was conducted by using descriptive qualitative design. The data consisted of 42 airplane company which operated in Indonesia. The data were analysed by using the seven types of meaning theory by G. Leech (1981) and advertising objective theory by (Kotler, PhilipKeller, Kevin Lane : 2009). The data were divided into Seven Types of meaning, they were Conceptual meaning, Connotative meaning, Social meaning, Affective meaning, Reflected meaning, Collocative meaning, and Thematic meaning. The data were also analysed by using advertising objective, they were to inform, to persuade, and to remind. The final results of analyzing the activities of 42 English slogans of airplane company slogans operating in Indonesia were found using Thematic meaning.The main theme that is usually carried is usually always related to safety, so it's not surprising that there are many words of "safety" that are the focus and emphasis in their slogans. Some other airplane company try to say in their slogan that the company is better, more friendly, warmer in terms of comfort in traveling using their airplane company.The final result of the analysis of 42 English slogans of airplane company operating in Indonesia that the researcher found that the company's goal of advertising slogans were to inform customers.


Sign in / Sign up

Export Citation Format

Share Document