General Theory of Law and State. Twentieth Century Legal Philosophy Series, Vol. I

1946 ◽  
Vol 59 (7) ◽  
pp. 1184 ◽  
Author(s):  
Paul Sayre ◽  
Hans Kelsen ◽  
Anders Wedberg
Keyword(s):  
Twentieth Century ◽  
General Theory ◽  
Legal Philosophy ◽  
Theory Of Law

Kelsen, Hans (1881–1973)

2018 ◽  
Author(s):  
Zenon Bankowski
Keyword(s):  
Political Philosophy ◽  
Twentieth Century ◽  
International Law ◽  
Legal Philosophy ◽  
Pure Theory ◽  
Hans Kelsen ◽  
Theory Of Law

Hans Kelsen was one of the foremost (positivist) legal theorists of the twentieth century. He taught in Vienna, Cologne, Geneva and Paris, and finished his life in America, teaching in Chicago, Harvard and Berkeley. He wrote widely, on legal philosophy, constitutional and international law, and political philosophy. Kelsen is best known for his Pure Theory of Law (Reine Rechtslehre) (1934). This is the basis of a theory which, with many changes, he espoused till he died.

THEORY OF LAW AND COMPUTER CRIMESTEORIA DO DIREITO E CRIMES INFORMÁTICOS

2017 ◽  
Vol 8 (16) ◽  
Author(s):  
Agata C. Amato Mangiameli (Universidade de Roma – Tor Vergata)
Keyword(s):  
General Theory ◽  
Social Engineering ◽  
Computer Crimes ◽  
Theory Of Law ◽  
Technology Advances

This paper aims investigate the general theory and the elements of the computer crimes as well it social engineering, because as technology advances, more and more people use it according to their needs.

Pragmatic Reconstruction in Jurisprudence: Features of a Realistic Legal Theory

2021 ◽  
Vol 34 (1) ◽  
pp. 171-202
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Twentieth Century ◽  
Coercive Force ◽  
Social Life ◽  
Conceptual Analysis ◽  
Legal Theory ◽  
A Priori ◽  
Planning System ◽  
Universal Feature ◽  
Moral Problems ◽  
Theory Of Law

A century ago the pragmatists called for reconstruction in philosophy. Philosophy at the time was occupied with conceptual analysis, abstractions, a priori analysis, and the pursuit of necessary, universal truths. Pragmatists argued that philosophy instead should center on the pressing problems of the day, which requires theorists to pay attention to social complexity, variation, change, power, consequences, and other concrete aspects of social life. The parallels between philosophy then and jurisprudence today are striking, as I show, calling for a pragmatism-informed theory of law within contemporary jurisprudence. In the wake of H.L.A. Hart’s mid-century turn to conceptual analysis, “during the course of the twentieth century, the boundaries of jurisprudential inquiry were progressively narrowed.”1 Jurisprudence today is dominated by legal philosophers engaged in conceptual analysis built on intuitions, seeking to identify essential features and timeless truths about law. In the pursuit of these objectives, they detach law from its social and historical moorings, they ignore variation and change, they drastically reduce law to a singular phenomenon—like a coercive planning system for difficult moral problems2—and they deny that coercive force is a universal feature of law, among other ways in which they depart from the reality of law; a few prominent jurisprudents even proffer arguments that invoke aliens or societies of angels.

LEGAL STATUS OF THE SOLE EXECUTIVE BODY OF A LIMITED LIABILITY COMPANY

2021 ◽  
Author(s):  
Yulia Fanilevna Aitova ◽  
Keyword(s):  
General Theory ◽  
Legal Status ◽  
Limited Liability ◽  
Point Of View ◽  
Limited Liability Company ◽  
Points Of View ◽  
Theory Of Law ◽  
The Individual ◽  
Executive Body

The article analyzes the issue of determining the legal status of the individual management body of a limited liability company. The author begins his research with the concept of legal status existing in the general theory of law, and then proceeds to consider the issue from the point of view of philosophical categories. In addition, the work explores the diversity of points of view existing in the doctrine regarding the legal status of the individual management body of economic societies.

HIGH LEVELS OF UNEMPLOYMENT IN THE MERCANTILIST ERA

2014 ◽  
Vol 36 (2) ◽  
pp. 237-251 ◽  
Author(s):  
John M. Letiche
Keyword(s):  
Twentieth Century ◽  
General Theory ◽  
Developed Countries ◽  
Nutritional Deficiencies ◽  
Less Developed Countries ◽  
Political Unrest ◽  
Keynes General Theory

This article draws attention to the high levels of unemployment in the mercantilist era, a parallel to conditions in the less developed countries at the present time. Understandably, distinguished economists of the twentieth century, writing before the publication of Keynes’ General Theory, tended to underestimate this problem. Actual causes of the high levels of unemployment are examined, including the fluctuating impacts of merchant entrepreneurs, agricultural revolutions, political unrest, and warfare, as well as nutritional deficiencies, which contributed directly to unemployment.

scholarly journals There Are No Easy Counterexamples to Legal Anti-Positivism

2019 ◽  
Author(s):  
Emad H. Atiq
Keyword(s):  
General Theory ◽  
Social Philosophy ◽  
Social Practices ◽  
Legal Rule ◽  
False Negatives ◽  
Moral Properties ◽  
Theory Of Law ◽  
Inclusive Form ◽  
Moral Facts

Journal of Ethics & Social Philosophy, ForthcomingLegal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific — morally best or morally justified or morally obligatory given our social practices. A less restrictive view of the kinds of moral properties that ground legality results in a form of anti-positivism that can accommodate any legal rule consistent with positivism, including the alleged counterexamples. I articulate an ‘inclusive’ form of anti-positivism that is not just invulnerable to extensional challenge from the positivist. It is the only account that withstands extensional objections, while incorporating, on purely conceptual grounds, a large part of the content of morality into law.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

Special legal regime of natural resources - the basis of Natural Resource Law

2021 ◽  
pp. 66
Author(s):  
Mikhail M. Brinchuk
Keyword(s):  
General Theory ◽  
Natural Resources ◽  
Russian Federation ◽  
Natural Resource ◽  
Constitutional Court ◽  
Legal Regime ◽  
Exceptional Value ◽  
The Russian Federation ◽  
Theory Of Law

The article explores the special legal regime of natural resources. The position is evaluated of the Constitutional Court of the Russian Federation also and the provisions of the General theory of law on a special legal regime are considered. Analyzed the special legal regime of natural resources. Nature is investigated as an exceptional value for society and, accordingly, the object of a special legal regime.

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