The work contains a legal doctrinal justification of public risk management as a fundamental principle of agricultural law. It provides a valuable contribution to the development of legal dogmatics, ...methodology and system building in agricultural law by analysing and systematising the public risk management measures in non-constitutional agricultural law and by examining public risk management in agriculture from a constitutional and Union law perspective. Furthermore the work examines the legislative status quo and offers concrete implementation recommendations for an improved legislative framework.
This study is presented in the form of a research-review article and consists of reflections informed by a reading of Lech Wołowski’s monograph “The Problematics of Paradox in the Thought of Henri de ...Lubac and Hans Urs von Balthasar”, while simultaneously drawing from other works by the same researcher. The aim of this article is to present the paradox method as a means to deepen theological research. This method is portrayed as a proposition that can be applied in theological research, much like in other scientific domains. This approach may contribute to addressing the contemporary crisis in dogmatics and serve in formulating responses to current “profound” questions posed by individuals and society.
Opracowanie ma formę artykułu badawczo-recenzyjnego i zawiera refleksje oparte na lekturze monografii Lecha Wołowskiego pt. „Problematyka paradoksu w myśli Henriego de Lubaca i Hansa Ursa von Balthasara” z równoczesnym odwołaniem do innych tekstów tego badacza. Celem niniejszego artykułu jest przedstawienie metody paradoksu jako sposobu na pogłębienie badań teologicznych. Metoda ta jest pokazana jako propozycja, która może być wykorzystana w badaniach teologicznych, tak jak to ma miejsce w innych dziedzinach nauki. Takie rozwiązanie może przyczynić się do zaradzenia współczesnemu kryzysowi dogmatyki i posłużyć do wypracowania odpowiedzi na aktualne „głębokie” pytania człowieka i społeczeństwa.
The book presents the essential stages and contributions of Romanian dogmatic thinking from the second half of the 20th century and the beginning of the 21st century. Written from a historical and ...doctrinal perspective, the book aims to be a history of Romanian dogmatic thinking analyzed in the context of the establishment of communism, the intensification of ecumenical dialogue, and postmodern society. The book captures and explains what the author calls the "paradigm change" in Orthodox Dogmatics from the second half of the 20th century, the theological meanings of the renewal of Dogmatics in the context of neopatristic synthesis and the gradual delimitation of the schemes of a Dogmatics influenced by medieval scholasticism. At the same time, the book also presents the influences of medieval scholasticism in Orthodox Dogmatics and the effort of Romanian dogmatists to express a renewed and ecclesial Dogmatics by rediscovering the method, spirit, and ecclesial experience of the Fathers.
Resumen Desde su incorporación en la Constitución de 1980, se ha sostenido que la dignidad humana constituye el principio o valor superior del ordenamiento jurídico chileno. Sin embargo, su ...desarrollo doctrinal es todavía limitado, por lo que el despliegue de sus potencialidades depende de la resolución de diversas tareas de trabajo dogmático. Como punto de partida para enfrentar dicho desafío, el presente artículo pretende contribuir con una revisión detallada del tratamiento que ha recibido el concepto constitucional de dignidad humana por la doctrina y la jurisprudencia del Tribunal Constitucional, ilustrando, así, cual es el estado de la cuestión en Chile. Adicionalmente, se introduce una propuesta original.
Abstract
In this article, I want to suggest that what today is known as "entexting" in the Western historiography of Islamic law did not just originate from colonialism. Emphasis on a self-contained ...number of jurisprudential texts was in fact one of the outcomes of a profound process of transformation in the Islamic legal episteme among the Muslim communities of Central Eurasia. One of the forces behind such a transformation can be identified in what Sheldon Pollock has termed "vernacularization" - that is, a shift toward the popularization of a cosmopolitan body of scholarship through the medium of translation into local languages. The act of translation itself reflected the effort to select, domesticate, and naturalize, specific juristic texts, the contents of which were perceived as important, though equally inaccessible. Translation led to distinction and preferment. It also brought about a process of "debasement", i.e., a movement toward the decontextualization of Islamic jurisprudential writing traditions and their reworking into original works written in the vernacular Turkic, which blended the genre of creeds with jurisprudence.
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This paper addresses the effects of the crisis of meaning upon the field of science. The reflections of this article have an epistemological character, in the field of the science of law. Its task is ...to investigate how the crisis of meaning affects science, making it vulnerable in responding to the enormous challenges of the 21st century. Hence, it highlights the importance of operating the theoretical turn from the status of truth to the status of veridiction (‘véridiction’, Fr.)—following the analysis of semiotic theory, within the Greimasian tradition—to understand scientific discourse as a practice of enunciation. It is from this point of view that the understanding of the science of law (i.e. legal dogmatics) can be revisited given its role as a science of legal meaning. Once its role has been identified, the science of law is analysed, in several aspects, in order to reach a description compatible with its current mission, in a state of dialogue with the other human and social sciences. By revisiting the meaning of the discursive practices of the science of law, one can, after all, approach its new directions, such as objectivity, autonomy, specialisation, heuristics, technical language, interdisciplinarity, technical-cognitive environment, as characteristics that highlight their current understanding.
In my article, I compare the views of two of the most famous Hungarian criminal lawyers, Pál Angyal and Ferenc Finkey, in the light of contemporary cases. Thus, I will review the problem of the ...so-called aberratio ictus, where although Finkey followed the practice of the court at the time, the early 20th century, today’s practice still adopts the viewpoint expressed by Angyal in relation to this case of mistake in facts. The next topic examined is that of continued offence, where Pál Angyal agreed with the practice of the courts both of that time and of the present day and saw this legal concept as being applicable only to offences committed intentionally. Finkey, on the other hand, in 1895, still saw it as an offence committed by negligence; however, by 1914 he had changed his mind and joined Angyal in this issue. An interesting problem is the subject of impossible attempts, which, however, had not yet been explicitly regulated by law in the lifetime of the two professors. Lastly, the two great scholars were of the same opinion on the way of treating the concurrence of offences committed by one or more acts.
The subject of the article is the nature of theological apophasis in relation to the systematic aspirations of theological reflection. This relationship is analyzed from the perspective of the three ...essential truths of Christianity that form the hard core of its message: the Trinity, the personal union of the two natures in Christ, and deification. Accordingly, Trinitarian theology, Christology and anthropology are characterized, each area separately and in relation to the others, by a high degree of systematization. They constitute compact, organic and interrelated theological systems which, as constituent parts, form an organic whole. All three contain significant apophatic themes. An analysis of the connection between their systematicity and their apophatic dimension allows us to draw broader and more general conclusions about apophaticism in general and its place in theological systematization.
This article aims to highlight the importance of the link between Bologna and Barcelona, consisting of an epistemic and methodological convergence in the approach to the criminal question and, in ...particular, to the problem of penal selectivity. If on the one hand this link cannot be eliminated, on the other it is exposed to a series of attempts at obfuscation by the dominant legal and criminological ideology, which is even reflected in autobiographical contingencies that add an anecdotal dimension to the discussion. At the same time, the recovery of this link imposes a reflection on the contemporary criminological debate, since the distinctive features of Italian-Iberophone critical criminology clash with some premises of the most recent and advanced trends in terms of critical potential, in particular the zemiological approach. One example is the role that criminal dogmatics plays within the sociological analysis of the penal system following Franco Bricola’s lesson, and the meaning of this methodological choice in terms of transdisciplinarity and political radicalism. Our conclusion is that a better coordination between critical traditions is needed: one that aims at overcoming linguistic barriers and starts with a systematic review of the existing critical arsenal before any headlong rush
The main aim of this paper is to reconstruct Stanisław Ehrlich's critique of legal dogmatics by which he understood a legal discipline that explains in a systematic manner the normative material ...which consists of description, classification and systematization of norms. As an additional aim of this article is to remind about Ehrlich's achievements and contribution to the regional legal theory, this is preceded by the author's biographical note. The reconstruction of Ehrlich's critique of legal dogmatics consists of three elements. Firstly, I discuss the author's understanding of legal dogmatics and attitude towards it in the context of the domestic legal theory. Secondly, I consider the theoretical background of Ehrlich's critique of legal dogmatics and I argue that it might be seen as a part of three broader threads in the author's writings: realism, decision-focused concept of law and pluralism. Finally, I reconstruct Ehrlich's critique of legal dogmatics formulated in the 1950s and in the 1960s. This is followed by a brief summary and consideration of Ehrlich's possible application in the broadly understood legal theory. I shall argue that Ehrlich's critique of legal dogmatics and his realistic concept of law might be interesting for all who examine the law in its broader social context, looking at it from the external point of view, adopting critical as well as post-analytical attitudes towards the law. As possible fields of Ehrlich's application, I identify ongoing discussions on rule of law, legal education, adjudication and judicial formalism. I shall also argue that Ehrlich's realistic concept of the law remains an interesting piece of Central Eastern European critical thought.
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