Doctrine Theory Research Articles

SEEKING THE HISTORY OF PENDALUNGAN CULTURE: A DISTINCTIVE STUDY OF LOCAL CULTURAL HISTORY IN THE HISTORY AND ISLAMIC CIVILIZATION PROGRAM OF UIN KHAS JEMBER

This article explains, in a narrative-analytical manner, the Pendalungan culture in the Eastern Salient of Java. The Eastern Salient of Java is located in the far eastern part of East Java, known as 'Pendalungan'. This article departs from the history of Pendalungan, whose cultural identity is unclear. Therefore, this article will briefly explain the migration of ethnic Javanese-Madurese to East Java, the interpretation of Pendalungan, and the results of the analysis of the cultural trajectory of Pendalungan in the Eastern Salient of Java. In writing this article, researchers combined historical methods with cultural approaches and accumulated theoretical concepts. The main finding in this research is that the Pendalungan culture is one of the keys to building the local identity of a particular area, in this case, the Eastern Salient of Java. The Pendalungan culture, due to the ethnic acculturation version of the Eastern Salient of Java Region, is not located in a theological doctrine theory. The cultural and religious dimensions of the Eastern Salient of Java Pendalungan culture lie precisely in the aspects of identity and the formality of forms that develop and shape the face of culture following the direction of purpose and substance in each particular regional locality. None other than these developments are aligned with the cultural and religious realities of the people in the Eastern Salient of the Java Region. It is the foundation that paved the way for the development of the Pendalungan culture in the Eastern Salient of Java until today.

"NOT A PARTY, NOT A PROBLEM: THE DILEMMA OF EXTENDING ARBITRATION CLAUSE TO NON-SIGNATORY STATES"

This article will explore the case law regarding the extension of the arbitration clause to non-signatories, in particular, to states via the prism of state enterprises in international commercial arbitration cases. In this paper, the author will also discuss the legal grounds and doctrinal theories utilized in commercial arbitration cases for reaching decisions on extending the arbitration clause to the non-signatory state, and it will try to argue about the caveats and pitfalls that coexist in such disputes. Furthermore, specific cases along with their solutions, such as the Pyramids case and Zeevi Holdings, are presented in order to elaborate on the given concept, namely arbitration and its role on a global scale.

La Libre Valoración de la Prueba en el Derecho Penal Ecuatoriano

This scientific research article covers the evidence in all its theoretical, doctrinal context and the main errors that a criminal court can commit when evaluating the evidentiary elements in a trial hearing, same errors that agree with each one of the analysis of the evidence separately and together as indicated by the current Ecuadorian criminal norm. In the same way, a theory attached to the law is proposed to try to correct these errors and they are less and less in Criminal Law. In the same way, it is about impacting the reader with a purely theoretical and doctrinal study regarding how to appreciate those evidentiary elements as a whole, according to significant appreciation or valuation mechanisms, mentioned by some national and international authors, who present a different idea about valuation schemes throughout South America and throughout the world. Taking into account many doctrinal theories, relieving the European ones such as the German and Spanish.

The Endless Controversies Of The Nile River Basin In The Context Of International Transboundary Watercourse Doctrines

Considering the conflicting interests of states over their shared basin-wide transboundary water resources, various basin states follow different international legal theories of transboundary watercourses. This paper focuses on the aforenamed watercourse theories in light of the practices of the Nile River Basin.In an attempt to correlate the theories of International Transboundary Watercourse vis-à-vis the case of the Nile River basin, this paper addresses whether the Nile riparian countries follow a particular transboundary watercourse theory or not? Whether the upstream and/or downstream countries follow the same or different doctrinal theory or not? Whether the theories they follow have practical significance in showing the origin of where the Nile controversy lies or not?In addressing the aforementioned issues, this paper finally shows the origin of where the Nile River Basin controversies emanated from — as their conflicting and uncompromising attitudes over their international theoretical standing point, lead their practical basin-wide negotiations to a never-ending Nile controversy.

Sources of singularities Ibn Idris Al-Hilli (d. 589 AH)

Ibn Idris Al-Hilli (d. 598 AH) is the only jurist who was able to pave the way for spreading new ideas by criticizing the opinions of the ancients, specifically criticizing the views of Sheikh Tusi. his book ( Al Sarayir Al hawi litahryr al fatawi ) include his Fatwas and doctrine theories that include the famous controversy or its terminologyIn this research, not famous of the fatwas were measured after extracting their sources and documents with the famous fatwas.but in the matter of the disappearance of the evidence and in some of the branches confirmed by the correct news, the latecomers relying on the sources chosen in the authenticity of the individual news, then the entire applicants although they do not say authenticity of the news of ones _ excluded their enhanced news with the evidence - exclude their fortified news with clues, so they fulfilled it, which indicates the existence of a presumption in their emergence .We have mentioned in this research some branches, among them the procedure to limit confession to the vague, the single qunoot in the Friday prayer, which is based on the correct news, in light of the descriptive-analytical approach.

Prvky atypičnosti v organizaci veřejné správy

The paper deals with atypical elements in the organization of public administration in the Czech Republic. It seeks to define the essence and possible causes of organizational “atypicality” (deviations, exceptions, asymmetries) and assess its impact, not only on the functionality of public administration itself, but also on the doctrinal methodology and theory of administrative law. In addition to general considerations, the text also deals with specific examples of atypical subjects (carriers) and bodies (authorities) of public administration in the Czech Republic.

Question of Authenticity of Steel Sheet Roof Cover on Traditional Housing Units in Urban Environment

Elaborating on the theory of analytical philosophy and conservation doctrine, and a case study of a selected sample, the paper discusses the authenticity of the secondary roof cover of steel sheets on traditional Bosnian houses built for housing or economic purposes. Although such steel sheet replica of a shingle or šimla wooden cover is registered and defined as authentic in rural areas, its authenticity in urban traditional areas, where it can also be found, although not as often, has not been doctrinally examined. Comparative analysis of results of theoretical base and statistical data obtained from the selected sample determines the context where it is possible and recommendable to treat the steel sheet roof cover as authentic when carrying out restoration and reconstruction.

THE CONCEPT OF CRIMINALISTIC DOCTRINE ON THE IMPLEMENTATION OF SPECIAL KNOWLEDGE OUTSIDE THE FORENSIC EXPERTISE

The article is devoted to the formation of a system of theoretical provisions that form the concept of forensic doctrine on the implementation of special knowledge outside forensic expertise (hereinafter - the Doctrine). With regard to the proposed Doctrine, the article reveals its following elements: the objective existence of the object of knowledge in the form of social relations arising from the implementation of special knowledge outside the forensic examination, and the identification of a set of elements that form the subject of knowledge; principles of the Doctrine; scientifically grounded goals, objectives and functions of the Doctrine; formed methods of the Doctrine; developed structure and content of the Doctrine; features of interaction and interrelation of the Doctrine and particular forensic theories (doctrines), sciences, etc. On the basis of the conducted independent scientific research, the author, under the forensic doctrine of the implementation of special knowledge outside forensic expertise, proposes to understand the branch of the section of forensic science, called the general theory of criminalistics, investigates the patterns of using special knowledge outside forensic expertise in the disclosure and investigation of crimes and develops methods and means of attracting persons possessing special knowledge, as well as the collection, research and use of their own and other special knowledge in legal proceedings.

The Doctrine and Legal Positions Developed by the Courts in Theft of Someone’s Property Cases

The paper considers the legal positions developed by the courts in cases of theft of someone’s property. The author is critical of the concept of "judicial doctrine", believing that the courts in essence cannot create a doctrine (theory, science), but notes the significant role of the legal positions of the courts in the formation and development of the doctrine (theory) of theft. The purpose of the work is to find an answer to the question of whether the legal positions of the courts on the application of the legal definition of theft in practice remain relevant (note 1 to Article 158 of the Criminal Code of the Russian Federation), as well as the doctrine about this crime and its elements. Having studied various points of view contained in the scientific literature, as well as the positions of the courts, including those expressed in individual decisions of the highest judicial instance of the country, the author concludes that neither the legal definition of theft nor the doctrine of it has lost its relevance. We should not be talking about the "revision" of legal and scientific structures or the "collapse of the system", but about the crisis of practice and doctrine due to the uncertainty associated with the emergence of new property goods and objects (virtual assets, digital rights, etc.) and forms of encroachment on property that are not covered by any of the features of theft. For this reason, in the absence of answers to the challenges that have arisen, controversial decisions are made in judicial and investigative practice, and contradictory recommendations are proposed in the scientific literature. According to the author, the crisis that has arisen can be solved by introducing legislative amendments to Chapter 21 of the Criminal Code of the Russian Federation aimed at forming norms on new property crimes against property that do not contain elements of theft of someone’s property.

LGBTQ (Lesbian, Gay, Bisexual, Transgender and Queer) and the Question of Holistic Human Life Development: Issues and Perspectives

Sexuality is a fundamental component of human personal existence. Human sexuality as an aspect of human existence in the world involves a variety of dimensions, in dealing with these dimensions of human sexuality, this paper adopts a favored option regarding the multi-disciplinary procedural framework. In the context of the multidisciplinary procedural framework this paper pays attention to the question of terminology and theories in relation to the origins of homosexuality, health and disease categories, together with the holistic Development of human life viz-a-viz issues and perspectives. In the polarized arena of public and social discourse, with a cacophony of voices calling for or against the legal institutionalization of “gay marriage,” it is also important to call attention to the imperative of responsibility as an overarching ethical imperative. However, this papers overall goals are to stimulate thought by disrupting the present paradigm of counseling psychology as a primarily ameliorative endeavor, and to replace professional rhetoric regarding prevention and advocacy with concrete recommendations informed by pastoral doctrinal theory and research.

A Concrete Study on Social-Media Connection of Global Literacy Abilities in MOOCs under the Dual Impacts of Lower Birth-Rate and COVID-19

In order to break through the dual impacts of lower birth rates and COVID-19, a majority of higher education institutions have commenced in providing a series of diversified Massive Open Online Courses (MOOCs) to effectively reduce these huge dual impacts. This research employed the Social Learning Theory (SLT) of educational doctrine for theoretical uses and the Factor Analysis (FA) approach of quantitative analysis and Trigonometrical Entropy Method (TEM) method of qualitative analysis for statistically purposes. These concepts were employed to explore the most critical social-media connection of global literacy abilities in MOOC. After a succession of assessed measurements, there are two most valuable findings. First, higher education institutions have to simultaneously and efficiently institute the Course Complete Rate of Course Assessment (CCR-CA), User Completely Unrestricted Operation of Course Operation (UCUO-CO) and Course Professionalization Technology Function of Course Function (CPTF-CF) into the course’s design. Specifically, higher education institutions need to establish MOOCs features in Course Evaluation Technology Function (CETF), Course Professionalization Technology Function (CPTF) and Aggregation Technology Function (ATF) of MOOCs features into the current MOOCs. This is done in order to effectively promote the Individual Social Feature (ISF) of “social-media connection of global literacy abilities” for overcoming these serious dual impacts. In addition, higher education institutions have to also construct the social-media connection of global literacy abilities evaluation model for appraising Individual Social Feature (ISF) of each MOOCs participant. Second finding, higher education institutions should develop Convenience of Course Operation (C-CP), Feedback Technology Function of Basic Function (FTF-BF) and Connectionization of Course Operation (C-CO) of higher education strategies of developed sustainability into the course’s structure. Further, they should also build Connectionization (CZ) of MOOCs features into the current MOOCs in order to efficiently foster Application Programming Interface (API) of social-media connection of global literacy abilities for conquering these serious dual impacts as well.

Definition of the concept of Real Estate in the Doctrine and the Constitutional Legal System – Brazilian and international civil liability: Article 1.225, Item I, of Law 10,406 of January 10, 2002, instituting the Brazilian Civil Code

The offer of this craft aims to define the concept of real estate. Tracing a general historical evolutionary panorama, from prehistory to contemporary days, referring to Real Law, on a global scale, relating the historical reasons, social and economic systems to the relation of real estate property, which led its appearance and development to the conglomerates that established the cities. Including the creation of its concept in a national and international nature, ordered by systems of governments in their governmental regimes, with an interdisciplinary focus, providing not only basic, more also understanding the factors of the construction industry, motive of the economic vector of the wagons of small economies, public and private properties through daily life, visualizing the trajectory of a researcher’s observation to the result of this work , from which it was conducted in a logical sequence. The methodology was based on bibliographic research, an approach on the problem, using the methods: inductive, historical procedure, with that of real life observation, corresponding to the delimitation of the theme, leading to a specific path, that is, to define the concept of real estate property. Going from the most particular findings, to the laws and doctrinal theories, in an ascending communication. The question and the problem of this work lie in the question: what is real estate? It is worth elucidating, the right of the owner and his faculty, present in the Brazilian Civil Code in force. The origin of real estate in history arises in the Old Ages, in the Middle Ages arises the faculty of the owner, among other appearances, such as: condominium, dichotomy: public and private lands, possession, nomenclature: Real Law, etc. In several Constitutions, Codes and International Legislation, the definition of this concept was not found.

Ai, on the Law of the Elephant: Toward Understanding Artificial Intelligence [Abstract

Machine learning and other artificial intelligence (“AI”) systems are changing our world in profound, exponentially rapid, and likely irreversible ways. Although AI may be harnessed for great good, it is capable of and is doing great harm at scale to people, communities, societies, and democratic institutions. The dearth of AI governance leaves unchecked AI’s potentially existential risks. Whether sounding urgent alarm or merely jumping on the bandwagon, law scholars, law students, and lawyers at bar are contributing volumes of AI policy and legislative proposals, commentaries, doctrinal theories, and calls to corporate and international organizations for ethical AI leadership. Profound concerns exist about AI and the actual and potential crises of societal, democratic, and individual harm that it causes or may cause in future. Compounding those deep concerns is lawyers’ lack of sufficient AI knowledge and technological competence, despite ethical mandates for diligence and competence. As a result, legal discussions and law and policy recommendations may be fundamentally flawed because they are constructed upon erroneous, uninformed, or misconceived understandings of AI technologies, inputs, and processes.

Elder Financial Abuse: Capacity Law and Economics

Elder financial abuse is an alarming problem in this era of aging population. Baby boomers are entering retirement with a higher life expectancy and more wealth than any generation before them. The combination of mental decline and substantial wealth renders many seniors vulnerable to overreach. In private suits alleging elder financial abuse, courts often apply the mental capacity doctrine to avoid seemingly exploitative contracts, gifts and many other lifetime transactions. The formal rationales for avoidance are that the elderly party to the impugned transaction lacked mental capacity, and that the transaction was inequitable. This Article argues that the mental capacity doctrine in prevailing American law is ill-suited for the era of aging population. In theory, the doctrine grants mentally-incapable individuals a power to choose whether to avoid their transactions. In reality, that power is usually exercised by claimants who expect to inherit from incapable individuals. Prevailing doctrinal theories overlook the possibility that the claimant may seek to avoid a transaction to increase her expected inheritance, rather than to advance the interests of the incapable individual. As a result, the mental capacity doctrine may operate to avoid transactions that actually had benefited potentially incapable seniors and reflected their testamentary intent. This harms many seniors by unduly limiting their ability to gift their close relatives and friends, reward informal caregiving, and recruit their preferred caregivers. The mental capacity doctrine can nonetheless be reformulated to offer appropriate protection against elder financial abuse without undue intrusion into close families and personal relationships. In particular, when applied to transactions between close relatives and friends, the doctrine should be narrow, determinate, and respectful of individual will and preferences.

Shiite Geopolitics Contemporary Shiite Geopolitical Theories and Terms

Ideological doctrinal theories were developed specifically for Shiite geopolitics as the basis for the implementation of the Iranian expansionist strategy and attempts to make the Iranian sectarian project successful by controlling the countries located in its vital area. In the first decade of the Islamic revolution, Shiite geopolitical theories were based on Iran's outing its geographical borders and turning it into the axis of the Islamic world. Thus, Tehran took a liberty of reaching out to social, cultural and sectarian components in other countries with the aim of building Muslim Shiite regimes under the leadership of Iran.
 The paper examines the manifestation of the return of geopolitics in the 21st century, in particular, the Iranian Shiite geopolitics. The expansion of Shiite political Islam, especially after the Iranian role demonstrated the terrorist-armed aspect of sectarianism.

Military Realism and Doctrinal Innovation in Kennedy's Army: A New Perspective on Military Innovation

AbstractThis article introduces a new theory of military innovation, military realism, which argues that senior military leaders spearhead major changes in military doctrine when existing doctrinal mission priorities and theories of victory do not address the most dangerous threats. What I call the military realist perspective drives this doctrinal innovation. Through a case study of change and continuity in US Army doctrine under President Kennedy, this article challenges bureaucratic, military cultural, and civilian realist theories of military innovation. Military realism provides a powerful explanation of a hard case, while the other theories struggle with what should be an easy case.

Does Sharīʿa Need to Be Restored? The Legislative Predicament of the Sunnī Doctrinal Theories

Abstract The post-colonialist academic discourse blames colonialism for the marginalisation of Sharī‘a in the legal systems of Sunnī Muslim-majority countries. However, an analysis of some juristic debates around the Sunnī doctrinal theories of uṣūl al-fiqh and maqāṣid al-sharīʿa exposes few of the theories’ internal problems accounting for the marginalisation. In uṣūl al-fiqh, disputes regarding ijmāʿ and qiyās virtually bring their effectiveness as legal doctrines for positive law legislation to a halt. With regard to maqāṣid al-sharīʿa, an Ašʿarī adherence to a literal reading of the text reduces its potential to produce new Sharī‘a-compliant laws. Such problems render uṣūl al-fiqh and maqāṣid al-sharīʿa ineffective instruments for regulating accelerated legal changes demanded by fast-paced societal and scientific developments and deem the application of Sharīʿa in Sunnī Muslim-majority countries a task neither possible nor even recommended.

The Normative Impact of Invoking Directives: Casting Light on Direct Effect and the Elusive Distinction between Obligations and Mere Adverse Repercussions

Abstract The main aim of this paper is to cast light on the case law on direct effect of directives, which has remained elusive to both scholars and practitioners. To this end, we first revisit the relevant case law on inverse vertical, horizontal. and triangular disputes to show that the fundamental distinction drawn by the case law is that between ‘direct obligations’ and ‘mere adverse repercussions’. Subsequently, we propose a doctrinal approach to distinguish between ‘direct obligations’ and ‘mere adverse repercussions’ which centres on the impact of invoking a Euorpean Union (EU) directive on the norms governing the dispute. This ‘normative impact theory’ explains all existing case law on the direct effect of directives, and thus aids a better understanding of the concept of imposing obligations on individuals. We compare this theory with other doctrinal theories that have purported to explain the case law, including the well-known distinction between invocabilité de substitution and invocabilité d’exclusion, concluding that the normative impact theory has descriptive and normative advantages over existing approaches. Lastly, we show how the functioning of the preliminary reference procedure has affected the development of the case law on direct effect. We demonstrate that the European Court of Justice (ECJ) applies a presumption that consistent interpretation is capable of remedying incompatibilities between national and EU law. Secondly, we show how the formulation of the preliminary reference can substantially affect, and even confuse, the answer of the ECJ as regards matters of direct effect.

Determining the Remuneration of the Copyright Holder and Terminating the Assignment Contract

Abstract Through this study we propose new visions of the legal norms establishing the social relations between the author and the assignee in the matter of determining the remuneration and judicial review of the assignment contract. In this respect, we propose a series of amendments lex ferenda of the Law no.8 / 1996 and formulate a series of doctrinal theories that we consider will contribute significantly to the science of rights resulting from intellectual creation.

A Christian Habitus

What is the relationship between preaching and living the Gospel? It is within the daily habits of those attempting to live out the Gospel together that preaching becomes intelligible and applicable. Sound preaching alone will fail to produce a transformed people whose lives reflect the teachings of scripture. This paper brings together the linguistic philosophy of Ludwig Wittgenstein and the theological anthropology of James K. A. Smith in order to develop an affective pedagogy that takes seriously the socially dependent nature of human persons. The social account of language proposed in the later Wittgenstein suggests that the meaning of concepts arises amongst pre-linguistic, embodied, communal practices. Theological language cannot be detached from its concrete expressions in the world because its meaning is dependent upon a communal form of life in which those concepts make sense. James K. A. Smith builds upon this pragmatist tradition to present a theory of doctrine and preaching grounded in liturgical practices that does justice to human physicality and characterizes all human practices, religious or otherwise, as structures of habitual formation with particular teloi. The Gospel, then, is not just a truth we learn to believe but a way of life that we come to embody contra competing “cultural liturgies.”