scholarly journals Metody badania prawa rolnego według koncepcji Profesora Andrzeja Stelmachowskiego

2020 ◽  
pp. 31-36
Author(s):  
Paweł Czechowski
Keyword(s):  
Empirical Study ◽  
Natural Law ◽  
Research Methodology ◽  
Law School ◽  
Legal Norm ◽  
Legal Institutions ◽  
Legal Analysis ◽  
Legal Research ◽  
Separate Branch

The deliberations are devoted to the methods of legal research that Professor Andrzej Stelmachowski conducted in the field of agricultural law. This outstanding civil lawyer and co-creator of agricultural law as a separate branch within the system of law used methods that shaped the philosophical schools of law research methodology, that is, the positivist, natural law and historical law school. Using the methodology of these schools, Professor Stelmachowski created an interesting conglomerate of methods of studying law through the analysis of the purpose of a legal norm, the empirical study of law in action and the historical and legal analysis of the evolution of legal institutions. The multithreaded method of legal research adopted by Professor Stelmachowski created a specific methodology of agricultural law research, which constitutes a significant legacy of the doctrine of agricultural law in Poland. 

On the Artifactual—and Natural— Character of Legal Institutions

2018 ◽  
Author(s):  
Corrado Roversi
Keyword(s):  
Natural Law ◽  
Common Ground ◽  
Legal Positivism ◽  
Legal Institutions ◽  
Human Beings ◽  
Legal Realism ◽  
Natural Law Theory ◽  
The Law ◽  
Theory Of Law

Are legal institutions artifacts? If artifacts are conceived as entities whose existence depends on human beings, then yes, legal institutions are, of course, artifacts. But an artifact theory of law makes a stronger claim, namely, that there is actually an explanatory gain to be had by investigating legal institutions as artifacts, or through the features of ordinary artifacts. This is the proposition explored in this chapter: that while this understanding of legal institutions makes it possible to find common ground between legal positivism and legal realism, it does not capture all of the insights offered by these two traditions. An artifact theory of law can therefore be necessary in explaining the law, but it will not suffice to that end. This chapter also posits that legal artifacts bear a relevant connection to certain conceptions of nature, thus vindicating one of the original insights behind natural law theory.

Kantian Perspectives on Private Law

2020 ◽  
pp. 68-84
Author(s):  
Arthur Ripstein
Keyword(s):  
Immanuel Kant ◽  
Natural Law ◽  
Private Law ◽  
Legal Institutions ◽  
Naive Theory ◽  
Private Rights ◽  
Kantian View ◽  
Moral Structure ◽  
The Right ◽  
In Virtue Of

This chapter articulates the Kantian approach to private law. It begins by explaining the aims and ambitions of Kantian legal philosophy more generally and, in particular, introducing the Kantian idea that a particular form of thought is appropriate to a particular domain of inquiry or conduct. The chapter situates the Kantian view within a broad natural law tradition. For the part of that tradition that Immanuel Kant develops, the moral structure of natural law is animated by a conception of personal interaction that is so familiar as to be almost invisible. Despite its centrality to both morality and law, in the absence of legal institutions, this natural law is inadequate to its own principles. It requires legal institutions to render it fully determinate in its application consistent with everyone’s independence. It also requires public institutions of adjudication. The chapter further looks at Kant’s “division” of private rights, distinguishing first between the innate right that everyone has simply in virtue of being human and acquired rights that require an affirmative act to establish them. It then goes through the Kantian division of the titles of private right, situating them in relation to the distinction between persons and things. Finally, the chapter articulates the Kantian account of what might be called the naïve theory of remedies—that is, that the remedy is an imperfect continuation of the right that was violated.

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

Pilot Study Findings

2015 ◽  
pp. 182-195
Keyword(s):  
Pilot Study ◽  
Empirical Study ◽  
Research Methodology ◽  
Face To Face ◽  
Electrical Industry ◽  
The Face ◽  
Organizational Collaboration

This research started our research methodology with pilot study because this type of the study is exploratory in nature and helps researchers to explore related indicators for the research constructs and improve adequacy of the research questionnaire for the empirical study. Perceptions extracted from the electrical organizations are valuable in validating the questionnaire according to the context of the Wenzhou electrical industry. They are DG, HG, JEA, ZG, ZE and QE, which are recommended by the WSMEA according to its reputation and achievements in the globalization, inter-organizational collaboration and e-business adoption. The face-to-face interviews with organizations' managers were conducted with the period of March 2010 to January 2011. The discussion will focus on three perspectives: challenges from the innovation inside the organizational capacities for collaboration, the drivers and barriers to trust in the industry, as well as from e-business diffusion.

Expansive Legal Research

2016 ◽  
Vol 44 (3) ◽  
pp. 241-268 ◽  
Author(s):  
Yolanda P. Jones
Keyword(s):  
Activity Theory ◽  
Psychological Theory ◽  
Law School ◽  
Research Approach ◽  
Legal Research ◽  
Legal Information ◽  
Research Perspective ◽  
Expansive Learning ◽  
Growth And Change ◽  
The Individual

AbstractThis article will introduce an approach to teaching legal research called Expansive Legal Research. The Expansive Legal Research perspective is based upon dissertation research on legal information behavior at a law school legal aid clinic. This approach is inspired by an educational perspective called Expansive Learning, which in turn has roots in the psychological theory called Activity Theory. The Expansive Legal Research perspective includes elements inspired by Expansive Learning and Activity Theory such as a focus on an activity-centered context of both the individual and social aspects of human behavior; the design-oriented nature of human problem-solving; the role of tacit knowledge and unwritten rules in daily activity and practice; and a cultural historical approach to learning and development, where both the user and their tools are undergoing a constant process of growth and change and transformation. An Expansive Legal Research approach, and the theory it is based upon, may provide new insights into legal research instruction, and may be a useful tool for legal research instructors.

John Hazard: Political Reform and the Soviet State

1989 ◽  
Vol 17 (1) ◽  
pp. 6-12
Keyword(s):  
Reverse Engineering ◽  
Natural Law ◽  
Political Reform ◽  
Law School ◽  
National Minority ◽  
Soviet State ◽  
Biological Analogy ◽  
The Law

In determining what Gorbachev's policies are, I consider the topic of law a very congenial one because he is a lawyer. While he is no longer a practitioner, he attended the same law school as I did long ago. His attitude towards law is as an implementation of policy, and, therefore, I believe that by reading the law, we can, through what is sometimes called reverse engineering, determine what his policies are in the matter of national minority concerns as well as on other matters. We can look upon what is seen on the surface as an indication of what is more deeply enshrined in his thinking. I always remember that Lenin said (and I was taught this my first day of school over there) that law was a political instrument, and I think Gorbachev is very much influenced by Lenin and Leninism. Consequently, I believe he accepts the position that law is indeed a political instrument. He would never accept what is now so popular in Europe: the theories of Lumans, who said that law has a life of its own, not because of its natural-law base, but because of what Lumans states, biological analogy.

scholarly journals LEGAL STANDING KOMISI PEMBERANTASAN TINDAK PIDANA KORUPSI (KPK) DALAM SENGKETA KEWENANGAN LEMBAGA NEGARA DI MAHKAMAH KONSTITUSI

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
I Gusti Ayu Eviani Yuliantari
Keyword(s):  
State Institution ◽  
Legal Norm ◽  
State Agency ◽  
Legal Research ◽  
State Institutions ◽  
Legal Standing

This paper takes the title: "Legal Standing of the Komisi Pemberantasan Korupsi (KPK) in Case Dispute Authority of State Institutions in the Mahkamah Konstitusi". The research in this paper addresses two problems that are associated with the KPK as a state institution in the UUD NRI 1945 and the legal standing of the KPK, which can be a Party to the Dispute Authority of State Institutions in the Mahkamah Konstitusi by the UUD NRI 1945. The method used in this research is normative legal research, because this research seeks to discuss or review the legal norm in this case the norms of legislation to determine the synchronization either vertically or horizontally. This thesis explains that the KPK is a state agency whose authority is not clearly regulated by the UUD NRI 1945. Therefore, the KPK does not have legal standing as an applicant or respondent in a lawsuit filed in the Mahkamah Konstitusi relating to dispute the authority of state institutions because the authority is the Commission does not expressly provided in UUD NRI Tahun 1945 but by law.

scholarly journals THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION

2019 ◽  
Vol 4 (2) ◽  
pp. 167
Author(s):  
Mega Dewi Ambarwati ◽  
Ghina Azmita Kamila
Keyword(s):  
Legal System ◽  
Research Methodology ◽  
Functional Method ◽  
Scientific Field ◽  
Legal Certainty ◽  
Legal Research ◽  
Surrogate Mother

Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.

General Principles of International Public Authority: Sketching a Research Field

2008 ◽  
Vol 9 (11) ◽  
pp. 1909-1939 ◽  
Author(s):  
Armin von Bogdandy
Keyword(s):  
International Institutions ◽  
Research Field ◽  
Public Authority ◽  
Legal Analysis ◽  
Specific Interest ◽  
Legal Research ◽  
Research Project ◽  
The Public ◽  
Classical Study ◽  
The Cross

The termprincipleis ubiquitous in the thematic studies and the cross-cutting studies of this research project on the exercise of public authority by international institutions. Apparently its legal analysis and normative framing is difficult to achieve without principles. This is no specificity of this undertaking: Legal research on the public authority of international institutions regularly deals with the issue of principles.Generalprinciples for all international institutions are of specific interest as they might tie the various institutions into one legal universe. Yet, precisely their variety, even heterogeneity raises the question if such principles can be anything but “stars which give little light because they are so high.” This quotation from Francis Bacon's “On the Advancement of Learning” precedes Edward Carr's classical study on the problems of a sweeping,principledand idealistic approach to international phenomena.

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