Interpretation of Law: Classics, Modern and Postmodern

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Валерий Лазарев ◽  
Valyeriy Lazaryev
Keyword(s):  
Information Theory ◽  
Rule Of Law ◽  
Art Nouveau ◽  
Stages Of Development ◽  
Psychological Reality ◽  
The Rule Of Law ◽  
Objective Truth ◽  
Legal Science ◽  
Cognitive Information

The article expresses the views on the controversial attitudes relating to the interpretation of law at different stages of development of science in general and legal science in particular. Tracing the respective changes, the author comes to the conclusion that classics was based on the rule of law; art Nouveau was aimed to destroy the rule of law; postmodern — on departure from reality. In the postmodern world-both legislator, and his will — are all the essence of fiction. Classical science was concerned to establish the objective truth; modernism believes all truth is relative; the postmodern — denies the establishment of the truth. The author suggests the answer to the question as to where the perspectives of the science lie should be sought in the realm of conjunction of natural and humanitarian sciences. And in the context of such cognitive-information theory the author draws the attention to importance of modern scientific trend-memetics and the use thereof in the field of jurisprudence. As a subtype of memetics the author suggests to introduce the notion of lawmemetics to be employed to study the two types of the mems: the entity of legal reality and the entity of psychological reality. The substantial aspect memetics is called to be the resumption and poliform-like repetition of what was originally coded as the mem information and was designed to secure its values as applied to the new circumstances of place and time.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

Administrative Law

2004 ◽  
Author(s):  
Jeffrey Jowell
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Procedural Justice ◽  
Rule Of Law ◽  
State Power ◽  
Administrative Law ◽  
Constitutional Rights ◽  
Stages Of Development ◽  
The Rule Of Law ◽  
Legal Control

This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.

scholarly journals ILMU HUKUM NASIONAL DALAM MENUNJANG PEREKONOMIAN INDONESIA BERASASKAN KEADILAN SOSIAL

2015 ◽  
Vol 44 (1) ◽  
pp. 78
Author(s):  
Derita Prapti Rahayu
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Legal Study ◽  
The Rule Of Law ◽  
Legal Science

Science including legal study that is not accompanied by knowledge of the Godhead ( the Pancasila ) is incomplete . Legal science coupled with the values   of Pancasila , gave birth to legal experts who will make the rule of law in our country can not be separated from the Pancasila as the state . Containsbasic values   of local wisdom keindonesiaan that principles are translated into the fifth principle. Ultimately creating a socially just economy called Pancasila economy .Ilmu pengetahuan termasuk ilmu hukum yang tidak dibarengi dengan ilmu Ketuhanan (dalam Pancasila) adalah tidak lengkap. Ilmu hukum yang dibarengi dengan nilai Pancasila, melahirkan para pakar hukum yang akan membuat aturan hukum di Negara kita tidak terlepas dari Pancasilasebagai dasar negara. Mengandung nilai-nilai dasar dari kearifan lokal keIndonesiaan yang dijabarkan ke dalam kelima silanya. Pada akhirnya menciptakan perekonomian berkeadilan sosial yang disebut dengan ekonomi Pancasila.

scholarly journals English Legal Model in the Views of «White» Lawships

2019 ◽  
Vol 15 (3) ◽  
pp. 14-24
Author(s):  
D. R. Zaynutdinov
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
Legal System ◽  
Political Activities ◽  
The Rule Of Law ◽  
Legal Science ◽  
Legal Opinions ◽  
Legal Model

The article discusses the legal views of the «white» lawyers – P. G. Vinogradov and V. A. Maklakova. The focus is on their commitment to the ideals of the English legal model. In the process of research, the author studied some of the theoretical and legal ideas of P. G. Vinogradov and V. A. Maklakova, in which they justified the need to introduce certain elements and institutions of the English legal model into the Russian legal system: the rule of law, strengthening the role of the judiciary, and others. The author also considers the legal-theoretical and political activities of P. G. Vinogradov and V. A. Maklakova during the Civil War in Russia. The relevance and novelty of this work is related to the lack of research in Russian legal science devoted to the analysis of legal opinions of «white» lawyers. The author uses the method of legal hermeneutics, with the help of which the interpretation of the legal views of P. G. Vinogradov and V. A. Maklakova. In conclusion, the work reveals the goal pursued by «white» lawyers, speaking about the need to borrow elements and institutions of the English legal model.

scholarly journals LEGAL DEFINITION IN THE CONTEXT OF THE PROTECTION OF HUMAN CONSTITUTIONAL RIGHTS

2020 ◽  
Vol 17 (1) ◽  
pp. 59-68
Author(s):  
Ellada Balayan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Scientific Methods ◽  
The Rule Of Law ◽  
Res Judicata ◽  
Legal Science

Introduction. In modern legal science, the category of “legal certainty” is understood and interpreted in different ways. Opinions and approaches of scientists differ in designating the type, nature, elements, regulatory burden and the full content of the idea of legal certainty. The significance of the principle of legal certainty in the context of the protection of human rights cannot be considered without taking into account the influence of Roman law on it. The idea of establishing the rule of law for the “expulsion of all injustice” and contradictions is relevant in modern law. Without a broad interpretation of the principle of res judicata, human rights violations cannot be avoided. Purpose. The purpose of the research is to analyze the nature, content of the normative burden of the category “legal certainty”, various theories and approaches to determining its place in the doctrine of constitutional law, in general, in the context of protecting human rights and freedoms, in particular. Methodology. The methodological basis of the study is scientifically developed and applied in practice, the main scientific methods, such as the dialectical method of cognition, which allows you to analyze all phenomena and processes in their development, the relationship and interdependence, as well as general scientific and private scientific methods, analysis, specific historical, logical historical, systemic, comparative legal and other methods. The theoretical basis of the study is the work of domestic and foreign experts of constitutional law, the theory of state and law, international law, as well as other areas of legal science. The material of a scientific article is based on the study of various scientific sources: monographs, dissertations, scientific articles, materials of scientific and practical conferences, etc. Results. The category of “legal certainty” in the doctrine is considered in different contexts. The unity of opinion in the legal doctrine exists solely to indicate the important role and significant place of the principle of legal certainty in law-making and law enforcement activities of the state. The normative burden of legal certainty is interpreted more meaningfully, since it covers not only the elements of the supposed stability and clarity of the current legal regulation or the essence of the principle of res judicata, but also the consistency, clarity of the entire system of law, the constancy of law enforcement, the practice of the activities of the judiciary, the integrity and compliance of prescriptions law and legal culture and consciousness of all subjects of legal relations to these requirements. Conclusion. To avoid violations of the constitutional rights and freedoms of man and citizen, as well as non-compliance with the constitutional guarantees of their state, including judicial, defense, to ensure the most harmonious state of legal stability of the individual, society and the rule of law is possible only with the application of this approach.

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (1) ◽  
pp. 24
Author(s):  
H. Aspden
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law
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