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Capital Punishment: Islamic Criminal Law Perspective
Published 2023-08-01“…By exploring these dimensions, this paper seeks to elucidate the intricate interplay between justice, societal well-being, and legal philosophy within Islamic jurisprudence. The first object addresses the legal framework and ethical considerations surrounding the practice of capital punishment. …”
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122
Koncepcia spravodlivej vojny v stredovekej a rano-novovekej sociálno-právnej filozofii
Published 2023-10-01“…The aim of the study is to point out the fact that the evolution of human society is accompanied by constant wars, which demanded a response to its existence also at the level of socio-legal philosophy. It deals with this issue from a legal, moral, and ethical point of view, which, in this case, are basically intertwined in the concept of a just war. …”
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123
Memorializing Dissent: Justice Pal in Tokyo
Published 2020-01-01“…This essay describes Justice Pal's legal philosophy, situates his place in the currents of international law, and reflects on the broader role of memorials as discursive sites.…”
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124
THIRD PARTY’S ASSET CONFISCATION IN CORRUPTION CRIME
Published 2018-10-01“…The article is intended to analyze and find the idea of legal philosophy foundation and develop the concept of proceeds confiscation of corruption crime are enjoyed by a third party, and find the ratio decidendi some of the verdicts related to asset confiscation to a third party without prior seizure, compared with asset confiscation that preceded seizure at the level of investigation.The article found three findings. …”
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125
La actualidad de la equidad de Aristóteles. Doce tesis antiformalistas sobre el derecho y la función judicial || The Actuality of Aristotle’s Concept of Equity. Twelve Antiformalis...
Published 2014-06-01“…Once the main ideas of the legal philosophy of Aristotle are framed in the context of his moral and political philosophy (namely, virtue theory and state theory), the implications of equity for the practice of judicial reasoning are drawn in the form of twelve theses against legal formalism.…”
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126
Demarcation BUMN: Between Private Laws and Public Laws
Published 2019-12-01“…This research resulted in recommendations for the use of legal philosophy as a meta theory for legal theory to be the settlement of the meeting point to find an equilibrium that fulfills a sense of justice.…”
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PALABRAS MORALES EN LAS CONSTITUCIONES. UNA CUESTIÓN DE LECTURAS
Published 2012-06-01“…All of these consistent with the most common types of interpretation in the current legal philosophy. After explaining the unsuitable of all these readings, this paper will defend a “personal reading”, namely the subjectivity as the source of meaning of moral words in constitutions.…”
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130
Legal Interpretivism versus Legal Pragmatism: an Assessment
Published 2020-04-01“…He deliberately targets many pragmatist theories, especially in moral and legal philosophy, with the aid of this concept. On the other hand, this concept, overloaded with metaphysical presuppositions, is highly susceptible to well-known pragmatistic criticisms. …”
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131
International Legal Doctrine and Philosophy: Aspects of Interaction
Published 2009-03-01“…Author asserts that moral, political and legal philosophy is having a great significance in international legal doctrine. …”
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132
ANAK-ANAK SEBAGAI KORBAN KEJAHATAN SEKSUAL DARI ORANG DEWASA
Published 2015-08-01“…This article will discuss the position of the child as<br />an object of sexual violence legal philosophy perspective</p><p><br />ملخص: الطفولة ھي فترة من الفرح والإثارة وھذا ھو المكان نمو و أزھار الطفولة في<br />المستقبل. …”
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133
Fikih Media Sosial di Indonesia (Studi Analisis falsafah hukum Islam dalam Kode Etik NetizMu Muhammadiyah)
Published 2020-12-01“…The type of Islamic legal research in this study is a philosophical normative Islamic law research with an Islamic legal philosophy approach. The primary data source of this research, namely the NetizMU Muhammadiyah code of ethics), and secondary data using various relevant scientific researches. …”
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134
Propositions as (non-linguistic) objects and philosophy of law: Norms-as-propositions
Published 2020-01-01“…Why has analytic legal philosophy failed to consider such an option concerning propositions (arguably calling descriptive sentences about norms “normative propositions” did not help)? …”
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135
The Ethical intended purpose of Legal Rule: Comparative Approach in the Western and Islamic Theories of Law
Published 2017-02-01“…The purpose of this article is to explain the ultimate relationship between moral and law, which has been done by a descriptive-analytic method, and also a comparative study of legal philosophy. Law and ethics provide normative systems, in respect to the human behavior, interacting with each other. …”
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136
Prvý oddíl čtrnáctého dodatku Ústavy Spojených států: původní význam a výklad
Published 2023-01-01“…The authors quoted in this paper can not be assigned to just one method of interpretation and legal philosophy, to the contrary, the paper aims to confront different views on the Amendment and its original meaning and based on it reach a conclusion; therefore both the view seeing the meaning of the Amendment as limited, held for example by professors Charles Fairman and Raoul Berger, and the perspective that sees its objectives as broader, represented for example by professors Michael Kent Curtis and Randy Barnett, are mentioned.…”
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137
PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS
Published 2022-10-01“…The points of views to the nature of law often depend on the philosophical position taken by a particular philosopher or group of philosophers. As a result, legal philosophy becomes the object of heated discussions, the main feature of which is reduced to the question of what is due and being, i.e. can and should positivist law replace the traditional values developed by mankind as regulators of behavior and relationships. …”
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138
Law enforcement in Malaysian securities markets
Published 2012“…Securities Commission and Bursa Malaysia (mean of satisfaction = 3.660 to 3.952).The study shows that there is a positive relationship between the views and attitudes of respondents towards the implementation of the legal philosophy by the enforcement bodies (r= .524, r= .480). …”
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139
Defining harm: The harm principle and religious rights in South Africa
Published 2021-05-01“…Intradisciplinary and/or interdisciplinary implications: This study brings into dialogue religion, legal philosophy and human rights discourse against the background of the debate in South Africa about state regulation of religion. …”
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Characteristics of Legal Science as Sui Generis
Published 2023-12-01“…The results showed that the parameters of sui generis can be seen from the perspective of normative science, terminology in a broad and narrow sense, the type and scope of knowledge in normative science and empirical science, also layers of legal science in the form of legal dogmatics, legal theory, and legal philosophy law. Legal science need to understand the history of development of law as the key to identifying sui generis characteristics through analysis of legal theory, legal concepts, and legal principles philosophically in certain conceptual viewpoints as fundamental to legal science, apart from that, legal research is also needed.…”
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