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 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 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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Este texto es un resumen del trabajo «Teoría y práctica en la enseñanza del Derecho en España» que se publicó en el Anuario de la Facultad de Derecho de la Universidad Autónoma de Madrid, en un ...número monográfico –el n.º 6, del año 2002 (págs. 197-268)– dedicado precisamente a la enseñanza del Derecho. El resumen se ha realizado siguiendo la técnica de «selección y exclusión» de párrafos y epígrafes.
The general opinion that the text of the law does not imply its use leads to an understanding of the role that legal dogmatics and legal practice can play in solving this problem. Common thematic ...field of both those lawyers’ activities allows us to distinguish a dogmatic discourse, by which and in which the law is positivised by consolidating applicable (operative) patterns of solving legal problems. These patterns are created by referring to the aspects of text, language, and system of law, but also to the history of the discourse. The positivisation of law is the result of specific legal heuristics, consisting in combining meanings, expectations, values, and existing practices in solving legal problems. Legal heuristics does not boil down to a method, but, rather, is a framework, a context, and a set of conditions for cognition aimed at solving practical problems.
The article deals with the issue of procedural flexibility from the perspective of the theory of the legal process as a guarantee. Starting from a dogmatic method, it seeks to differentiate the ...flexibility of the procedure and the adaptability of jurisdictional protection. It demonstrates that the criticisms made to the common procedure and procedural rigidity in Brazil follow premises of Italian doctrine. It clarifies that the criticism of procedural flexibility by the judge does not mean a disregard for material right. Finally, it looks at issues of comparative law. The bibliographic review method is used, in the construction of premises, and the deductive method in the formulation of the theses defended by the study.
GARANTÍSTICA E FLEXIBILIZAÇÃO PROCEDIMENTAL Raatz, Igor; Anchieta, Natascha; Dietrich, William Galle
Revista eletrônica de direito processual,
05/2021, Volume:
22, Issue:
2
Journal Article
Peer reviewed
O artigo trabalha com a questão da flexibilização procedimental sob a perspectiva da garantística. Partindo de uma metódica dogmática, busca diferenciar flexibilização do procedimento e ...adaptabilidade da tutela jurisdicional. Demonstra que as críticas realizadas ao procedimento comum e à rigidez procedimental no Brasil seguem premissas da doutrina italiana. Elucida que a crítica garantística à flexibilização procedimental pelo juiz não significa um menosprezo ao direito material. Observa, por fim, questões de direito comparado. Faz-se uso do método de revisão bibliográfica, na construção de premissas, e do método dedutivo na formulação das teses defendidas pelo estudo.
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