Concept Of Jurisprudence Research Articles

Brain Death Between Jurisprudence and Medical Innovation

This study aims to explore the multiple concepts of brain death through jurisprudence and medical innovation. The study focuses on understanding the interaction between these concepts and analyzing the challenges and problems they face. To analyze the multiple concepts of brain death and provide a comprehensive and balanced understanding of this issue from different perspectives. And also to know the ethical and legal challenges associated with determining brain death. The study included the jurisprudential, medical, ethical and legal community interested in the topic of brain death. The study followed a multidimensional approach and is guided by the methodology of literature review, comparative analysis, and applied analysis of medical trials. Previous studies and research were reviewed, including jurisprudential, medical, ethical and legal studies. The results showed a significant discrepancy in understanding and application between the jurisprudential concept of death and recent medical developments to address the ethical and legal challenges associated with determining brain death. The recommendations and directions for health and legal policies were to achieve harmony between the jurisprudential, medical and ethical dimensions of the issue of brain death. The research indicates the need for further research and analysis to better understand the interaction between the multiple concepts of brain death and to apply comprehensive and balanced solutions.

Yesterday and Today for State Contracts – Explicationibus on the Routes of Administrative Law and Public International Law

The dynamic intersection between administrative law and public international law in the context of state contracts leads to a more adequate analysis of the evolution of the legal framework from historical perspectives to contemporary practices. Our mode of study deepens the complex relationship between these two legal fields, with an emphasis on the transformations and legal mechanisms that have governed state contracts over time. For the development of this study, the analytical approach and the comparative approach were applied through the analysis of the legal text, jurisprudential concepts with critical discussions, the analysis of the jurisprudence as well as the descriptive approach to describe the researched phenomenon.

Konsep dan Praktik Arisan online “Awrisan MBabel 88” Dalam Perspektif Fikih Muamalah

Online arisan has become popular in Indonesia, but the lack of understanding of sharia principles in this practice is a concern. The purpose of this study is to understand the implementation mechanisms and regulations in online arisan and identify relevant muamalah jurisprudence concepts, such as the validity of contracts and management transparency. This research method uses a qualitative approach through literature studies and field studies with researchers directly involved in the research location, namely the online social gathering activity Awrisan Mbabel 88. The results show that this social gathering is in accordance with the muamalah principle if the management of fine fees is not considered as the admin's personal income. Awrisan Mbabel 88 has implemented a qardh contract that is free from elements of riba or exploitation, although it is difficult to prove legally, this arisan focuses on the principles of help and kinship.

Procedural Deficiencies in Administrative Tribunals of Bangladesh: Exploring Alternative Tactics

The present article demonstrates that a troublesome reality is now being faced by Administrative Tribunals, leaving a room highlighting problems that have been unaddressed since its inception. It is found that the jurisprudential concept of locus standi, so far as Administrative Tribunals are concerned, is not wide and comprehensive, even then it need not be extended due to its short domain of jurisdiction as to subject matter. Furthermore, there is no scope to condone the delay according to relevant provisions. In addition, the Act of 1980 does not mysteriously fix a period for the restoration of a case or setting aside an ex parte order. Whereas most of the litigations in Tribunals concern a lack of procedural fairness in departmental proceedings, therein the principle of ‘Natural Justice’ is not recognized. These lapses seriously endangered the future of this justice system but neither the legislature nor the judiciary has so far taken any serious step to check these realities. Therefore, scattered procedural complexities have been accommodated in this article based on the Act of 1980 as well as the Rules of 1982; and cases and interviewing have been used as the point of reference, but at the same time earnest effort has been spent for finding out solutions, guided by expediency and tradition.
 Dhaka University Law Journal, 2023, 34 (2), 67-95

CONSEQUENCES OF THE IMPOSSIBILITY OF FULFILLING TAX OBLIGATIONS

The impossibility of fulfilling tax obligations may have many causes, but nowadays the importance of potential impossibility increases significantly due to the historically unprecedented dependence of the tax system on factors of technical and IT nature. The author, for the purposes of tax law, adapts various types of impossibility of performance established in civil law. He also finds it acceptable to use the concept of impossibility both in relation to the obligation to pay a tax and in relation to the so-called instrumental tax obligations. He discusses the ways in which cases where tax obligations could not be fulfilled have been dealt with to date, taking into account both the jurisprudential concepts of the Polish administrative courts based on the principle of impossibilium nulla obligatio est and the legislative solutions introduced in Ukraine in connection with the 2022 invasion by the Russian Federation, in Poland in connection with the war started in 1939 by the German Third Reich, as well as the regulations introduced into the legal systems of various countries in connection with the COVID-19 pandemic and the new regulations on the Polish National Electronic Invoice System enacted on 16 June 2023. In addition, the author analyses the possibility of using, in the scope discussed, the provisions of the present Tax Ordinance on reliefs in payment of tax obligations. The study indicates the need to introduce general provisions on the impossibility of fulfilling tax obligations. In the author’s opinion, these should address cases of impossibility differently depending on their nature and whether they relate to obligations to pay tax or to instrumental tax obligations.

The Effect of Barman's Model on acquiring the Concepts of Fiqh of Worship among Students of Departments of Qur'anic Sciences

The current research seeks to identify the impact of Barman's model on acquisition of the concepts of jurisprudence of worship among students of the departments of Qur'anic sciences. To achieve the research objectives, the researcher relied on the experimental method through a design with partial control by relying on two experimental groups receiving teaching by using the Barman model and a control group receives teaching through the normal method. After applying the experiment, the study reached the following results: Students of the Department of Qur’anic Sciences in general need educational programs linked to the curriculum and built on scientific foundations, according to their needs and problems (psychological, cognitive, and social), as well as their age or academic stage. The program followed in our colleges, according to the results of the research, is one of the methods that cannot be dispensed with and can give good results if it is employed in a modern manner through pre-prepared teaching plans that employ all the diverse teaching capabilities in the educational situation.

Jurisprudential fabrication and Its Applications to the Oath of Invocation According to the Practice in Jordanian Sharia Courts

This study highlights the legal jurisprudential issue that arises in Sharia courts, derived from the provisions of the Journal of Judicial Judgements, which is a question of the "Oath of Invocation." It also examines the jurisprudential concept of fabrication, identifying the scholars who permit it, its relation to the concept of facilitation in Islamic law, the conditions for its application, its historical emergence, types, categories, and criteria. The study further highlights the application of the jurisprudential fabrication in Article 1746 of the Judicial Decisions Journal as practiced by the Journal of Judicial Judgements, discussing the necessity and justification for its application. Additionally, it explores the scholars who oppose its permissibility and clarifies the religious obligations regarding its application. The jurisprudential oath is then applied in the context of the "judgment against the non-concealing opponent" and supported by a series of appellate decisions related to the legitimate forensics oath in cases involving inheritance debts. Finally, the study concludes with key findings and recommendations.

The Interaction of Fiqh and Science in the Dynamics of Determining the Beginning of the Hijri Month in Indonesia

The determination of the onset of the Hijri month in Indonesia has frequently sparked controversy, especially among prominent Islamic organizations such as Nahdlatul Ulama and Muhammadiyah, as well as governmental entities like the Ministry of Religious Affairs. This contention arises from the diverse methods and criteria they adopt for the sighting of the hilāl (new crescent Moon) to mark the beginning of the Hijri month. This article delves into the interplay between fiqh (Islamic jurisprudence) and astronomy in determining the start of the Hijri month within the Indonesian context. Employing literature research with a scientific-cum-doctrinal approach, the article highlights three interactions between fiqh and science. Firstly, astronomy serves as a translator of jurisprudential concepts into empirical criteria for determining the beginning of the Hijri month. It underscores the interdependence of these two domains in decision-making rooted in religious beliefs and empirical knowledge. Secondly, the dynamic process of determining the start of the Hijri month in Indonesia reveals a complex interplay between fiqh and science, with varying viewpoints among religious scholars and scientific researchers regarding the criteria for moon sighting. Lastly, fiqh plays a role in legitimizing astronomy in the rukyah al-hilāl (crescent moon sightings) process through testimonies, wherein scholars of Islamic jurisprudence establish criteria for witnesses and use oaths to validate empirical scientific evidence supporting lunar visibility. This article offers valuable insights into the intricate relationship between fiqh and science in determining the start of the Hijri month in Indonesia.

Konstuksi Filosofis Akad Mudharabah Dan Relevansinya Dengan Praktik Perbankan Syariah

The mudharabah contract has been known since the Arab era of ignorance, until it was used as an alternative to overcome economic problems at the beginning of the hijrah. Therefore, this contract must be understood comprehensively, not only from a definitive perspective, but also from a historical and philosophical perspective. Because this is the basis for the mudharabah contract being legalized in Islamic muamalah practice. At a practical level in the distribution of funds in sharia banking, mudharabah contracts are always less popular than murabahah contracts and other contracts, even though in terms of the radius of economic benefit mudharabah contracts are higher. Therefore, the philosophical construction of a muamalah contract must be explained so that its relevance can be found with the practice carried out. This research uses qualitative methods with the type of library research (literature review). Data sources were obtained from various literary sources, in the form of books, textbooks and other supporting literature using descriptive analysis methods to explain the problem being studied and its relationship with the phenomenon being analyzed. Sharia banking must comply with the profit and loss philosophy inherent in it. This becomes a juridical dilemma for Islamic banking because in practice it is less relevant to its philosophical construction. Transforming the muamalah contract from classical jurisprudence concepts to banking practice cannot be separated from two fundamental problems. First, problems of a philosophical-conceptual-paradigmatic nature. Second, implementation-operational-empirical problems. Prioritizing philosophical-paradigmatic aspects without any implementation efforts will make Islamic banking a mere utopia. On the other hand, prioritizing the empirical-implementation aspect without first building a philosophical-paradigmatic foundation will actually make Islamic banks lose direction as an economic business building that stands on the rubble of uncertainty. So these two aspects need to be harmonized on an ongoing basis to achieve the fundamental goals of muamalah in Islam.

VII. Entspricht das jetzt dem Volksgeist? Geltungsfragen im „Heutigen Römischen Recht“

Summary Does this comply with the “Volksgeist” now? Questions of validity in “Modern Roman Law”. The article examines the impact of the “Volksgeist” (national spirit), as the basis of the theory of legal sources developed by the Historical School of Law, on methodological history. Although in 1814 Savigny used the term “sensing the principles”, the methodological history, even nowadays, assumes that the “Volksgeist” exclusively contains rational structures and is therefore ‘reasonable’. Still and despite all doubts concerning this concept, the “Volksgeist” is merged with “Begriffsjurisprudenz” (conceptual jurisprudence). In contrast, this article develops a methodological program of the Historical School of Law in which rational approaches were always accompanied by irrational ones, appealing to intuition, a sense of justice, and a ‘child-like sense’ as an access to truth. Viewed from a philosophical perspective, the decisive key terms, introduced by Savigny in 1814, are “nature, fate and need”. Methodologically, the focus reveals, around the special significance of “analogy”, the “nature of things”, the “practical needs” and the “sense of justice” as ways to contribute to the legal cognition.

Justice as an element of the legal field

The material of this article is devoted to basic concepts in jurisprudence, namely the concepts of "justice" and "law". The peculiarities of each of them were analyzed and they were demarcated according to certain characteristic principles. It was investigated and revealed which of these concepts is derived from the other, i.e. is a constituent element of a larger system. The scientific article clarifies which concept is basic. The central issue of the article is the relationship between these two concepts, that is, whether they are identical to each other, or on the contrary, one of them prevails over the other when considering and applying the norms of the law. The author defines the role of the concept of "justice" in the modern legal system and shows its evolution within the framework of the development of society. The main achievement of the research was finding a deterministic definition of the concept of "justice". It is defined as a moral and legal category of positive law, which is a central part of economic, political and social relations. This definition, in turn, allows us to distinguish the concepts of natural and social law and positive law in jurisprudence. Law must always coexist with justice, because it is the criterion for its evaluation. It should be noted the high relevance of this issue for the modern legal concept of the state. It is still not resolved and needs a deeper analysis and clarification, especially in the conditions of total integration of the Ukrainian legislative system into the system of international law. The scientific article examines various interpretations of the concept of "justice" that have been formed over a long period of development of society and law. The question of application of the concept of "justice" in the legal system, due to its multifaceted nature, was the subject of research by scientists of various fields and specialties. It became a question of life for philosophers and lawyers, sociologists and psychologists, and even representatives of economics and mathematics. At the same time, a large number of studies still did not build a unified approach to the classifications of these two categories. Therefore, this question is still relevant, especially the problem of the relationship of justice with other fundamental principles of law in the conditions of the formation of the foundations of statehood and the development of the national legal system.

Replacement naturalism and the limits of experimental jurisprudence

ABSTRACT This essay is concerned with Brian Leiter’s so-called replacement naturalism, according to which the traditional methodology of conceptual jurisprudence ‘should be replaced by reliance on the best social scientific explanations of legal phenomena.’ I argue that, although the methodology of experimental jurisprudence is the only plausible replacement for the traditional methodology, it cannot can replace the philosophical methods traditionally used to address conceptual issues and, further, that experimental jurisprudence needs a theoretical foundation that properly locates its role relative to that of conceptual theorising and clarifies its methodology. To this end, I discuss three recent studies that attempt to ascertain the intuitions of competent speakers on three longstanding conceptual disputes about law: two attempt to show our folk concept of law is antipositivist, whereas the other attempts to show our folk concept of law is consistent with the existence of sanction-less legal systems. I argue that all three studies suffer from defects indicating the empirical methodology of experimental jurisprudence can supplement, but cannot replace, the traditional philosophical methodology for addressing conceptual questions. I argue, finally and far more worrisomely, that the last study calls into question its usefulness even in supplementing the traditional philosophical methodology.

ASPECT AND SPECIAL DISTINCT NATURE OF CYBER BULLYING

The phenomenon of cyber bullying has recently emerged, and it has grown due to the steady increase in the use of the Internet and social networking sites especially among young people and adolescents, especially university and high school students.
 especially among young people and adolescents, especially university and high school students. The research attempted to study the main problem regarding the reality of cyber bullying, and whether it has an individuality and a special nature that distinguish it from what might be suspected, following the descriptive and analytical approaches.
 The research concluded that cyber bullying is a form of traditional bullying, but it is distinguished from it by the electronic means by which it is carried out, and that there is no unified and stable concept in jurisprudence and legislation, of cyber bullying, yet any accurate definition of it must include three elements; the behavior in which it occurs, the means through which is committed, and the end that the offender aims to achieve. Cyber bullying has a special nature and subjectivity, which is embodied, on the one hand, in the electronic violence that characterizes it, represented by the ability of the bully to hide and appear under pseudonyms, which leads to an imbalance of power between the bully with greater technical experience and the technically weaker victim, and, on the other hand , in the concept of systematic and repetitive behavior, as the bully himself does not necessarily contribute to the repetition of bullying behavior, but rather it is possible for him to repeat this behavior by others, by sending it or directing it to other people.
 The research concluded by suggesting the necessity of imposing effective censorship on electronic communication sites, obligating those in charge of them to ban the accounts of those who return to practicing cyber bullying through them, and enacting the necessary laws to criminalize and punish cyber bullying behaviors, including electronic harassment and prosecution.

Jurisprudential Issues in the Interpretation of the goal of Wishes, by Al-Kurani (d. 893 AH) ) in Surat Al-Mujadila - Atonement and Pledges as a model :A Contrastive Study

This research aims at clarifying the jurisprudential issues related to the interpretation of the goal of the wishes, for Al-Kurani in Surat Al-Mujadilait. It also clarify the relationship between Islamic jurisprudence and the main and secondary sources from which it is derived, such as the Holy Qur’an and the Sunnah of the Prophet, and to identify the difference in jurisprudence issues. That is leading to the result of the dispute, and thus it becomes clear to us. The issue in all its aspects is included into two sections, the first shows two demands: The first requirement: a clarification of the concept of jurisprudence, linguistically and idiomatically. The second is the amount of compensation for zihar

Jurisprudential issues in the interpretation of the purpose of wishes، by Al-Kurani (d. 893 AH) in Surat Al-Mujadila a model - (comparative study)

This research aims to clarify the jurisprudential issues related to the interpretation of the goal of the wishes، for Al-Kurani through Surat Al-Mujadila، and to clarify the relationship between Islamic jurisprudence and the main and secondary sources from which it is derived، such as the Holy Qur’an and the Prophetic Sunnah، and to identify the difference in jurisprudence issues، leading to the fruit of the dispute، and thus it becomes clear to us The issue in all its aspects. This research included an introduction in which the objectives of the research and the reason for choosing the topic with the research plan were clarified. It has two sections. The first and included two demands: The first requirement: a statement of the concept of jurisprudence، linguistically and idiomatically. Jurisprudence in Surat Al-Mujadila and there are two demands: The first Is the word “touching” real or intended for intercourse، the second: Does the offering of the wife at night interrupt the fast in the expiation for fasting in the zihaar، and we reached through it the knowledge of the ruling on the two issues. A woman is not permitted until after the penance. If the penance is by fasting، then he must complete the two consecutive months before intercourse، whether the intercourse is day or night، because the meaning of touch here in the context of the speech is intercourse، not touching with the hand، and God Almighty knows best.

V.S. Nersesyants as a philosopher of law: from Soviet to Post-Soviet

The article analyzes the philosophical and legal ideas and ideas of the famous scientist, thinker, jurist of the last quarter of the XX - beginning of the XXI century, Academician of the Russian Academy of Sciences V.S. Nersesyants. The ideas of ancient philosophers and representatives of the German transcendental-idealistic philosophy had a great influence on the formation and evolution of his legal views, the concept of jurisprudence formulated by him. In this regard, the comparison of his legal views with the ideas of Hegel’s Philosophy of Law, taking into account both dissertations of V.S. Nersesyants, is quite traditional for connoisseurs of the concept of jurisprudence of our contemporary. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his legal ideas and the nature of their justification are also connected with other representatives of the German intellectual and philosophical culture of discussing the main problems of law and jurisprudence. Understanding the nature of successive and new aspects in the system of legal views of V.S. Nersesyants can serve as a basis for the development of his legal views in modern topical and prospective studies. The article offers some significant clarifications of the content and nature of the philosophical and legal heritage of V.S. Nersesyants, traces the connections of his concept of jurisprudence with the ideas of not only Hegelian philosophy, but also the teachings of other legal philosophers, as well as the later ideas of the neo-Kantian lawyer R. Stammler, the interpretation of law in the “Pure Doctrine of Law” of the Kantian G. Memel, and not only G. Kelsen, which allows us to present the theory of law of V.S. Nersesyants as an original version of this doctrine. The study also demonstrates that the concept of justice in the Philosophy of Law of V.S. Nersesyants has remained one of the unexplained, and promising studies of the foundations of social theory in the doctrine of civilization are also indicated.

The “Pure” Doctrines of Law: Their Diversity in the History of Legal Thought and Their Influence on the Nature of Modern Legal Science

The article highlights the problem of the diversity of “pure” doctrines of law in the history of legal thought, their main semantic and substantive characteristics. It is demonstrated that the very fact of the diversity of “pure” legal doctrines and their heterogeneity creates the impression of the vulnerability of jurisprudence as a science, its inability to independent thinking and critical introspection, despite all the pathos of searching for its own character of legal science. Contrary to the popular idea of the leading role of the Austrian lawyer G. Kelsen in the formation of the modern image of the theory of law, in the history of legal thought there are many “pure doctrines of law”, justifications of “pure law”, requirements of “purity” of legal knowledge. The “Pure Doctrine of Law” by G. Kelsen represents only a small milestone in the development of “pure” doctrines of law. The idea of the self-sufficiency of legal science, the need for a much more complete account of its semantic components, its character as a science of culture does not at all mean justifying the exclusive role of empirical knowledge. This is the same extreme. At present, there are all prerequisites for the development of the science of law on a much broader and meaningful cultural basis. The purpose of the research is to generalize existing knowledge about the problem of " pure" legal knowledge in the history of legal thought, to clarify the place and nature of “pure” legal doctrines and their influence on modern legal science, as well as to substantiate the limitations of the requirement of “purity” as a condition for the development of modern theory of law and the corresponding concept of jurisprudence. The research is based on the use of structural analysis of legal doctrines, dialectical approach, comparison, methods of linguistic and historical-literary study of texts. The results and conclusions presented in the article can serve primarily as a significant clarification of the content, continuity and new aspects of the development of modern legal thought, the formulation of updated tasks for improving the theory of law.

Drucilla Cornell and the Meaning of Ubuntu in South African Jurisprudence

This article pays homage to Drucilla Cornell through examining her writings on ubuntu not only as a jurisprudential concept, but also as a philosophical and ethical concept. Cornell’s incisive ability to synthesize Kant’s idealism of the realm of ends and the African philosophy of ubuntu, combined with her revolutionary spirit, deepened understanding of the South African constitutional values and principles. Exploring the interpretation of ubuntu by the South African Constitutional Court, it shows how Cornell advanced an ubuntu-inspired ethical ideal that informs and shapes dignity as the Grundnorm of the South African Constitution. For Cornell, as a transformative ethic, ubuntu imposes obligations upon us to live up to ideals in our relationships with each other and to ideals of the new democracy. Cornell championed the idea of a substantive revolution brought about by the Constitution and argued for a reading of the South African Constitution against these aspirational ideals.

Analyzing the authority of law through a critical examination of jurisprudential concepts in the sovereign quill: Unraveling jurisprudential threads in a critical analysis of law's command

Analyzing the authority of law through a critical examination of jurisprudential concepts in the sovereign quill: Unraveling jurisprudential threads in a critical analysis of law's command

‘The Changes that Face Us’: Science Fiction as (Public) Legal Education

Much has been written on how science fiction allows us to interrogate imagined societal changes and potential yet-to-be realised futures. It also allows those who consume such texts to reflect upon their contemporaneous societies This paper refocuses this understanding of science fiction from an original and novel perspective, arguing that science fiction texts perform an educative function and can be considered a form of public legal education. To this end, this paper argues that science fiction performs a jurisprudential function in its treatment and popular presentation of legal issues and themes. Science fiction allows audiences and consumers to conceptualise abstract jurisprudential concepts, whether they are engaged with less interactive media (such as television or film) or experimenting more actively with these concepts via dynamic media (such as video games and tabletop role-playing games). This distinction between less interactive and more interactive media draws upon previous work by Newbery-Jones in 2015 that examined the jurisprudence of video games and the phenomenology of justice. It also focuses on science fiction’s potential to contribute to formal and public legal education. Finally, this paper explains the importance of public legal education in the twenty-first century and highlights science fiction’s critical role in encouraging engagement with jurisprudential themes and legal subject matter within the shifting sociopolitical landscape of the last decade.