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Moral Goals and Legal Coercion: Philosophical and Legal Arguments of Patrick Devlin
Published 2021-09-01“…The paper analyzes the arguments of the British jurist P. Devlin on the possibility of ensuring the achievement of moral goals by legal means. …”
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22
PHILOSOPHICAL-LEGAL CONCEPTUAL FOUNDATIONS REGARDING THE RULE OF LAW AND ITS EVOLUTION. THE CORRELATION BETWEEN POLITICAL POWER, LAW AND THE RULE OF LAW
Published 2023-06-01“…Human activity, as a great Italian jurist and philosopher stat 1 it can be considered as being regulated by a complex system of rules; and, indeed, in every historical phase we find such a system.…”
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23
“Mulier ne debuerit habere regnum”: a regência na menoridade de D. Afonso V vista pelos juristas
Published 2018-01-01“…Two of them: Afonso Mangancha and Jean Jouffroy, dean of Vergy, took a public position on these questions. The former jurist presented his view at the time of the events and the latter a posteriori. …”
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24
Les humanistes français, le roi et le tyran. Débats autour du tyrannicide au sein du milieu humaniste français, 1ère moitié du XVe siècle
Published 2018-01-01“…This justification is exposed to the public in 1408 and is based upon an argument taken to the jurist Cassius: vim vi repellere licet. Louis was a would-be tyrant, so his murder was both lawful and good. …”
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25
De la haine au crime
Published 2024-06-01“…Such issues call for a genuine consideration for the notion of “difference”, for the complex question of the Other and for the one pertaining to Humanity. As for the jurist, he is often facing quite unusual situations where ideology and ethnography have their say. …”
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26
Der Weg der Schiksals Vytautas Jurgutis - von den Juristen bis zu den Lituanisten
Published 2024-08-01“… Vytautas Jurgutis (1908-1993) erhielt seine Ausbildung als Jurist an der Vytautas-Magnus-Universität in Kaunas (1933) und war Dozent an dieser Universität. …”
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27
Examining the Methods of Guaranteeing Product Quality from the Perspective of Imami Fiqh, Iranian Law and European Union Law
Published 2023-09-01“…However, some Imami jurists did not accept the initial condition as binding; But other jurists of Imamia, all Iranian jurists and European Union laws have considered unilateral commitment as an initial condition mandatory. …”
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28
I segni della colpa: il giurista e la lettura del corpo a Venezia nella prima età moderna
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29
Examining Ja'farī Jurisprudence: The Incorporation of the Leonine Clause in Partnership and Company Contracts
Published 2024-06-01“…This research aims to analyze this clause through the lens of Ja'farī jurisprudence, shedding light on the diverse perspectives presented by Shia jurists. To achieve this goal, a series of preliminary discussions were initiated. …”
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30
Theory of Elementary Contribution to Profit Transformation in the Concept of the Company and a Platform for the Realization of Islamic Banking
Published 2023-08-01“…The present research has tried to answer this question And by studying the sayings of the jurists by the method of induction and data analysis, he has come to the conclusion that The concept of participation in the thought of Imami jurists has evolved and evolved And according to the latest belief, diffusion is not a condition for the realization of the company Rather, initial participation in profit is sufficient without mixing of properties. …”
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31
L’identification en justice à l’époque abbasside
Published 2010-07-01“…The judge, the parties, the matters at issue and the witnesses had all to be identified in order to try a lawsuit; however, the legal issues involved in their identification varied according to each of these categories. While jurists agreed on physical characteristics, artefacts and names as the main elements in the process of identification, it appears that nominal identification of individuals was largely ensured by common knowledge, a concept which was theorized by Ḥanafī jurists as early as the 3rd/9th century.…”
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32
BEN ve “ÖTEKİ” KUR’ÂN’IN “ÖTEKİ” İLE İLİŞKİLERDE ÖNGÖRDÜĞÜ DENGELİ BARIŞ TEORİSİ
Published 2008-03-01“…The majority of Muslim jurists of early period up until the middle ages who mainly based their theories on war conditions interpreting those verses of the Quran enjoining war maintained a theory favoring clash. …”
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33
Review of the Book Advanced Civil Law-Analytical the Conditions Included in the Contract
Published 2021-01-01“…The source of inspiration for the provisions of this law is the French civil law and the books of Imami jurists. Nevertheless, because in the French civil law, an independent and coherent issue is not assigned to the conditions, the legislator has adapted all the rulings regarding the conditions from the books of Imami jurists. …”
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34
Hans Kelsen et la théorie de l’État chez Dante
Published 2005-01-01“…Cet article se propose d’examiner le premier écrit du juriste autrichien Hans Kelsen, publié en 1905 et consacré à la théorie de l’État chez Dante. …”
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35
A Critical Review of the Book ʾĀyāt al-ʾAḥkām
Published 2021-01-01“…However, in ʾĀyāt al-ʾAḥkām Tatbīqī (comparative ʾĀyāt al-ʾAḥkām), the author has followed the traditional method of ʾĀyāt al-ʾAḥkām books and addressed all of the fiqh chapters, including ʿIbādāt and Muʿāmilāt (in the general sense), and compared opinions of Shīʿi and Sunnī jurists. Both of the author’s works are contextually evaluated as both academic and inferential, whereas the author, while expressing the opinions of the previous jurists and scholars of the past, expresses his innovative inferences from the verses. …”
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36
The Condition of Belonging the Mortgaged Property to the Mortgagee Providing Non-Fulfillment of the Debt on Time
Published 2024-09-01“…The nullity of this condition is a dominant and overwhelming theory among Imamiyyah jurists, but there is a difference of opinion among jurists in this regard; This legal act is essentially a type of performance guarantee (bond) regarding the mortgage obligation, which is included in the main contract as a condition attached to the contract. …”
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37
Rechtsgeschichte als Geschichte von Normativitätswissen?
Published 2021-11-01“…For the last two centuries, however, the main focus of legal historical research, especially in the German tradition, was directed towards what has been called »the law of jurists« (Juristenrecht). Legal historians were interested, first and foremost, in the formation of the modern Western legal system as a product of the work of jurists. …”
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38
Annulment Suits and the épreuve du congrès at the Officialité de Paris in the Early Seventeenth Century: Judicial Theory and Legal Practice
Published 2021-09-01“…Drawing on an analysis of thirty-two cases reconstituted from the Officialité de Paris in the early seventeenth century, this article assesses the extent to which jurists’ and medical experts’ defenses and critiques of the congrès as a method of proof corresponded to the ways it was used in practice.…”
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Islamisation de « l’intérieur du Maghreb » : les fuqahâ’ et les communautés rurales
Published 2009-11-01“…The study of some maghribi’s fatwas from the XIVth and XVth centuries compiled in al-Māzūnī and al-Wanšarīsī collections reveals how the jurists prioritize the various rural groups they referred to : in an ideal Muslim community that they built, villagers, people of douars and ‘arab do not have the same status. …”
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In search of moral foundations of law: debate on nature of inclusive legal positivism
Published 2021-12-01“…The paper is devoted to the analysis of the arguments of foreign jurists about the nature and advantages of inclusive legal positivism as a legal theory that justifies the existence of moral foundations of the legal system. …”
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