Theory Of Law Research Articles

Legal and Administrative Factors of the Transformation of the Content of Education under the Pressure of the COVID-19 Pandemic

The objective of this study is to examine the administrative and legal aspects impacting the transformation of educational content and form during the COVID-19 pandemic, with the aim of understanding their role in adapting educational systems to crisis conditions. This research is grounded in administrative law and educational theory, exploring how legal frameworks and administrative policies have shaped educational transformations during the pandemic. The IDEF0 method, a functional modeling methodology, provides a structured approach to analyzing these transformations. The methodology adopted for this research utilizes the IDEF0 method to model the administrative and legal influences on education during the pandemic. This approach involves a detailed analysis of existing legal documents, administrative guidelines, and educational policies that have been implemented in response to COVID-19. The analysis resulted in the development of an IDEF0 model that maps the key administrative and legal factors influencing educational transformation. The discussion contextualizes these findings within the broader framework of emergency education response and administrative law, highlighting the dynamic interplay between legal mandates and educational practices. The implications of this research are significant for policymakers and educational administrators as they provide insights into the effective legal and administrative strategies that can support educational continuity in crisis situations. These findings can inform future legislative and policy-making processes to enhance the resilience of educational systems. This study contributes to the literature by employing the IDEF0 method to model the influence of administrative and legal frameworks on education during a global health crisis.

Development of a novel circular saw blade substrate with high stiffness for mitigating vibration noise and improving sawing performance

The circular saw blade substrates featuring a large diameter-thickness ratio and multiple saw teeth are increasingly required to accomplish the first or second machining tasks with high efficiency in sawing operations. However, the weak bending stiffness of this substrate can easily cause intense vibrations and harsh noises, while its special structure characteristics pose further challenges to vibration mitigation. This research develops a novel circular saw blade substrate with high bending stiffness to improve dynamic stability. Taking the geometric features and boundary conditions of the substrate into account, a transverse vibration differential equation for high-speed sawing operation is established to investigate the relationship between the mode shapes of the substrate and the stability performance of the sawing system. Theoretical analysis shows that the laminated structure can enhance the bending stiffness. Using this finding, the novel substrate is designed equipped with an m-shaped damping cavity and a laminated core structure, and its dynamic performance is quantified by the complex modulus law and thin-plate vibration theory. Then, the optimized design of the relevant materials and geometrical dimensions of the novel substrate is executed by the pseudo-density method. Finally, the novel substrate is fabricated and then certified by sawtooth point dynamics tests and sawing experiments. The experimental results show that the sawing quality of the novel substrate is improved by more than 50.2 %, and the sawing vibration and weighted sound pressure level are reduced by about 35 % and 12 dB(A), respectively, compared with the conventional one.

Defining the functions of administrative law norms in the modern theory of administrative law

Defining the functions of administrative law norms in the modern theory of administrative law

Property Law Theory and Building Encroachments from a Comparative Perspective

Abstract Conceptualism has a difficult standing in contemporary private law theory. This also affects discussions in property law, where the research agenda often seems primarily interested in deconceptualization. From a comparative perspective, this complicates the discourse, as many national codifications of property law still adhere to strong concepts. This anti-conceptualist bias also leads to the development of distorted narratives about concrete issues in property law. According to this narrative, property is a conceptualist barrier that prevents each case from being decided on its own merits. Accordingly, not only must property be broken down into a “bundle” of inter partes relations. The law should also focus on the outcome of disputes, which is best achieved at the remedial level. It is also in this sense that the prominent distinction between property rules and liability rules has been understood and applied. While realism serves the important purpose of preventing overly conceptualist tendencies, these narratives do not stand up to closer scrutiny of how property law concepts actually work. They also run the risk of destroying concepts where they are needed to decide cases. This essay will use the example of building encroachments in comparative property law to illustrate that anti-conceptualism often fights against the clichés created by its own protagonists. Building encroachments are, from a comparative perspective, a very concrete example of the adaptability and flexibility of property.

Commodity-form theory of law, the climate crisis, and the European Union

ABSTRACT This essay reflects on how the Marxist commodity-form theory of law can inform approaches to EU climate law. The commodity-form theory understands law as a central social relation in the capitalist mode of production. The essay combines this theory with a Marxist analysis of the relationship between capitalism and nature, arguing that the inherent features of capitalism are the root cause of the climate crisis. Applying this to the European Union, the essay argues that its response to the climate crisis tends to reinforce the structural features of capitalism that have led us to the brink of catastrophic climate change. The commodity-form theory offers a sceptical view of law and argues that it must be used strategically as part of a broader movement seeking to transcend capitalism.

The new legalities of Islamic contractual interpretation: institutional frameworks and the displacement of intention

Purpose This study aims to examine the extent to which traditional juristic approaches to determining intention in Islamic law are altered in the institutional framework and standard-setting project of the Malaysian state. Design/methodology/approach The study used the transnational law theory, which views normativity as culturally, socially and religiously embedded. The development of norms, customs and laws is also contingent on self-maximizing behavior. The Sharīʿa Advisory Council’s interpretation of the bayʿ al-ʿīnah standard is a case study of this approach to the development of law. Findings This study shows that traditional approaches to determining the validity of an Islamic contract have been displaced by the institutional logic of the state, which prioritizes uniformity and certainty in law and reflects liberal, Western and capitalistic values. Islamic standard setting is part of the state’s objective to uniformize law due to the globalization of financial markets. The normative collisions in the standard-setting project produce a new jurisprudence based on the state’s uniform and purposive determination of a contract’s validity. Research limitations/implications Further research on institutional frameworks is needed to conceptualize how Islamic commercial principles and ethics can be incentivized in the state’s legal systems. Originality/value Few works, if any, have examined the interaction of the state’s institutional environment with jurists’ traditional approaches to determining contractual intention. Most scholarship assumes the decisive role of market forces, but the role of law and institutions in this context is under-researched.

Reflections on a theory of law in the addresses of Ecumenical Patriarch Bartholomew I

Enlightenment values were a necessary adjunct to, although not solely responsible for, the Western legal tradition. This is because the Enlightenment produced a lens through which human relations could be viewed, and this perspective strongly influenced the invention of law in the West.1 Eastern Orthodoxy developed its own philosophical system without reference to Enlightenment values. The East's failure to engage with those values has resulted in a failure to find a common ‘language’ through which East and West can speak to one another. This inability to speak a common language places the Orthodox Church at a distinct disadvantage in its relations with the West, and has done for a very long time.

Narrativity and the Idea of Narrative Identity in Law

Abstract How can an extension of the legal perspective with the idea of narrative unity be presented using the law and literature movement? Considering law as a complex semiotic object that is a product (and carrier) of culture makes it possible to see elements of narrativity from a theoretical and legal perspective. This is a significant phenomenon, especially aft er the cultural turn in the humanities. This article presents a problematisation of narrativity in legal discourse and the theory of law. As is well known, the theory of narration and the concept of narrativity have been widely used in the humanities, mainly in literary theory. I propose extending the narrative perspective to law by showing what research directions can be observed when using the concept of narration in the ethical and aesthetic dimensions of law. Finally, I discuss the thesis of narrative identity in relation to law. I adopt the perspective of examining law in the light of literary analysis.

Out-of-Pocket Expenditures for Health: A Case Study

Background of the Study: Health is a prime component in rural population who uses their muscle power for doing economic activities. Meanwhile according to the Economic Survey of India’s 2021 report, India was among the 10 worst performing countries in terms of prioritising health in government budgets, at both state and central levels. India was placed or ranked in 67th in the list of 189 countries in Out of Pocket Expenditure per capita in PPP (in $) for 2018. World Health Organisation report (March 2022) stated that high of Out-Of-Pocket Expenditure (OOPE) on health is impoverishing some 55 million Indians annually, with over 17 per cent households incurring catastrophic levels of health expenditures every year. The Economic Survey 2023 reported that the share of government expenditure in Total Health Expenditure (THE) has increased over time from 28.6% in financial year 2014 to 40.6% in Financial Year2019. However, OOPE is still higher at 48.2% of the total expenditure. Objectives: To explore the Out of Pocket Expenditure (OOPE) for health in India, Interstate and rural villages of Theni district, Tamil Nadu Methodology: Purposive non random sampling was used to reach the sample element. Sample elements or respondents were from rural Theni District. Sample size was 300. Data was collected using an interview schedule in the catchment area of Primary Health Centre, taluk hospital and district healthcare hospital. Interview was conducted in Tamil and then the interview output was transcribed and translated into English, followed by a descriptive analysis. Ordinary Least Square estimation was used to find the implications of individual income on pocket out expenditure for health. Findings of the Study: The secondary data from the website of World Health Organisation and from the reports of National Health Accounts reflects a difference in data information for every concerned period at least two to three per cent exist. The interstate data information for the period 2019 to 2020 revealed that the spending from government health care expenditure and out of pocket expenditure is not equal to total health care expenditure. Hence, the researcher made an attempt to explore the out of pocket expenditure among the rural population and their willingness to spend from their pocket. Furthermore, the impact of annual income and annual healthcare expenditure is examined by simple linear regression analysis, for to understand the role of income in shaping healthcare spending behaviour. The R Square value is very poor, and reflects the role of explanatory variable income is not impacting the out of pocket health care expenditure. The Keynesian theory of psychological law of consumption is invalid in out of pocket healthcare expenditure with respect to income of the respondents. 13 percentages of respondents were willing to do out of pocket expenditure for their health ailing. The 39.7percentages of respondents were disagreeing to do out of pocket expenditure for their health. Conclusion: Overall, this study emphasizes the importance of understanding out-of-pocket health expenditures is increasing in rural (feckless management of public healthcare) with attitude of unwilling to pay from their pocket because of existing zero priced healthcare system, which is available in their near locality. Policy makers needs to concentrate on enhancing the healthcare supply such as medical personals, drugs, lab facility, beds, and in general in all aspects for to cater the demand of rural inhabitants and protect them from pushing into impoverishment.

Principle of scientific support of rulemaking and construction of criminal law norms

The article highlights the issue of the principle of scientific support for the construction of criminal law provisions as one of the fundamental principles of rulemaking in the field of criminal law. This principle is based on the legislator’s obligation to adhere to the scientific approach and scientific methods at all stages of the rulemaking process, and this implies that such criminal law rulemaking decisions should be made which correspond to the level of scientific development of the relevant issue in the theory of criminal law and guarantee the actual implementation of the principle of legality in rulemaking in this area. The author suggests that in order to fully realize the potential of the principle of scientific support for rulemaking in the field of criminal law, it is advisable to combine its use with the principle of practical compliance of criminal law provisions and the possibilities of their application. This principle should be taken into account both in the process of updating criminal legislation in general and in the development of individual criminal law provisions. The principle of scientific support for the construction of criminal law provisions may not be taken into account when adopting laws of Ukraine on criminal liability in an extraordinary period, as exemplified by the beginning of the full-scale invasion of Ukraine by the Russian Federation. The need for an immediate state response to such global threats by adjusting the current criminal legislation without observing the principle of scientificity is exceptional. As a rule, the adoption of new criminal laws without observing the principle of scientific evidence results in low quality criminal law provisions that are not able to ensure their effective application. The principle of scientific support should be implemented both during the scientific examination of draft criminal laws and during the scientific support of the entire rulemaking process.

Instrumental and legal nature of early release on parole from serving a sentence

The article is devoted to the study of the peculiarities of the content of early release on parole as a comprehensive criminal law remedy. It is stated that the functional purpose of conditional early release on parole from serving a sentence is to achieve the goals necessary for society. From the point of view of the instrumental theory of law, it is determined that early release on parole from serving a sentence constitutes a specific system of criminal law means by which the goals of criminal law regulation are achieved. According to the information and psychological orientation, such legal means are divided into stimulating and restrictive. It is found that legal facts, subjective rights, legitimate interests, benefits and incentives are the forms of manifestation of legal means-incentives. It is substantiated that legal incentives, directly orienting an individual to achieve beneficial consequences for him/her, are the most powerful incentive factor, and their application in the case of early release on parole from serving a sentence may be associated with both ordinary lawful behavior which does not exceed the general requirements and excessive performance of duties by a convicted person and is expressed in the form of elimination of restrictions determined by the criminal sentence applicable to a convicted person. The article emphasizes that legal remedies-restrictions are associated with unfavorable conditions for realization of interests of subjects, are focused on negative legal motivation and reduction of negative activity of subjects of law, and their forms of manifestation are legal facts, prohibitions, suspensions, legal obligations, penalties, etc. A legal restriction on early release on parole from serving a sentence is a prohibition in the form of a passive legal obligation of a convicted person not to commit any new criminal offense during the unexpired part of the previously imposed sentence. It is generalized that legal means-incentives and legal means-restrictions should be considered in an inseparable interrelation, since they are paired legal categories, i.e., internally dialectically interrelated and mutually supporting each other in the process of criminal law regulation. Thus, the author concludes that the instrumental and legal nature of early release on parole from serving a sentence as a complex criminal law tool is dialectically complex, since it combines directly opposite and at the same time internally unified criminal law means of influencing social relations.

Historical and legal analysis of the institute of necessary defense

Within the framework of the article, it is substantiated that the necessary defense is the basis of human dignity, inextricably linked to natural rights, and in the context of a full-scale war in Ukraine, the analysis of the prerequisites for its occurrence acquires special importance in order to guarantee the effectiveness of the norms of international law. It is emphasized that Greece, India and Egypt were among the first states whose scientists analyzed necessary defense, but necessary defense acquired the greatest development as a natural human right under the influence of the lawyers of Ancient Rome. It was revealed that one of the first among the ancient scientists who carried out important work on the application of the necessary defense on the basis of equality, but within the limits of the same social status, was carried out by Marcus Tullius Cicero. Legal confirmations and interpretations of the institution of necessary defense in Slavic history that are important for Ukraine and modern events are analyzed, including in the treaties of princes Oleg and Igor with the Greeks, as well as «Ruska Pravda».Significant transformations of the legal foundations of the institution of necessary defense in the legislation of European states under the influence of German philosophers of the 17th and early 18th centuries have been analyzed. A comparative analysis of the main principles of the positivist and natural theory of law was carried out. After the declaration of independence by Ukraine, a key stage took place, when the natural right to self-defense was enshrined in the state. This process contributed to the transition to a democratic form of government, requiring a revision of social values, reform of the legal system, and respect for civil rights. It has been proven that in the modern conditions of a full-scale war in Ukraine, the institution of necessary defense should be based on the principles of the rule of law, equality and legal certainty as much as possible. In the conditions of digitalization, the institute of necessary defense also needs analysis in the context of the effects of digital technologies on it, recognition of acceptable forms of protection.

Correlation of certain provisions of the criminal law with the principles of law

The article is devoted to the study of the issue of introduction of absolutely definite sanctions in the law on criminal liability, the reasons and prerequisites which contributed to their emergence, and the correlation of such changes with the principles of law. The Law of Ukraine «On Amendments to the Criminal Code of Ukraine on Strengthening Liability for Crimes Against the Fundamentals of National Security of Ukraine in the Conditions of Martial Law» of March 3, 2022, amended the law on criminal liability and strengthened liability under Articles 111 and 113 of the Criminal Code of Ukraine, which provide for liability for high treason and sabotage by applying absolutely certain sanctions. In the context of the issue raised, the authors also examine the current practice of law enforcement in the form of decisions of the Constitutional Court of Ukraine and the European Court of Human Rights on similar issues through the prism of the principles of law. According to the provisions of the criminal law theory, a sanction is a part of a rule of law which contains instructions on the legal consequences of violation of a rule set forth in a disposition. The purpose of a sanction is to create certain unfavorable consequences for the offender or incentives for the subjects who comply with the governmental order. The types of sanctions include: by the degree of certainty: 1) absolutely certain – clearly define the type and extent of legal liability; 2) relatively certain – the limits of legal liability are determined from minimum to maximum or only to maximum. An absolutely definite sanction is a type of sanction in a criminal law provision that establishes a single type and amount of punishment. With the adoption of the new law on criminal liability in 2001, the legislator completely abandoned this type of sanction, which enabled courts to exercise discretion in passing sentences based on the results of each criminal proceeding. In the article, the authors reflect and substantiate the assertion that in the sanctions of the articles under consideration, alternatives to imposing punishment for the specified criminal offenses in the form of life imprisonment as the most severe punishment currently available in the law can only formally be considered an alternative to imposing a punishment of 15 years of imprisonment. A formal approach to the issue of sentencing a person who has committed a criminal offense not only makes it impossible to individualize responsibility, but also to demonstrate to society the principle of justice in sentencing.

시민민주주의와 보편적 법체계의 발전: 헌법과 국제법을 대체하는 세계법의 수사학

The Constitution is the highest law of the country, while international law is a field of law that deals with the rights and obligations between countries. The essence of international community is of decentralized nature, in which the legal order is formed according to the principle of sovereign equality. However, there are many perspectives that approach the international community and international law from a universalistic and idealistic viewpoint. In other words, if the positivist and pseudo-oriented view of international law is the reality of international community and international law, the universalist or idealist perception of international law can be said to be their goals. It is true that those two perspectives on international community and international law are neither omnicient nor all-perceiving, but complexly intertwined. The Constitution and international law, which can be considered the two axes of public law, are closely interrelated to the formation of a modern absolute state and civic democracy. The absoluteness of state power and civic democracy are doomed to fate our present and our future. This is not only such fundamental political order, but it also has become a foundation for the development of modern and contemporary order of law. And the two dimensions of order, politics and law, are developing in a dialectical manner. Under this background, this paper aims to provide a harmonious view sprucing up the reality of public law that penetrates both of the international and domestic society within a large framework. It is for research purpose and needs an effort of work by reviewing and analyzing the essence, commonalities, and differences among various adjacent concepts of the Constitution and international law discourse. This paper first begins with a discussion by presenting the historical development of existing hard legal system that penetrates the Constitution and international law through their realistic framework. Furthermore, we look at the softness of international law, conceptual discourse on the international law and world law, international constitutionalism and constitutional theory, and a compendium of world administrative law. We look at the background for the development of these commentaries, the main topics of discussion, and their commonalities or differences. Finally we briefly diagnose and place the future of new sermons that needs to be adduced due to changes in the international community.

Implementation Of Medan Mayor Regulation Number 26 Of 2024 Concerning Guidance For Implementing Subscription Parking Services On The Road Side From A State Constitutional Law Perspective

One of the public policies in the form of regional head regulations of the Regent/Mayor is the Medan City Mayor Regulation Policy (Perwal) Number 26 of 2024 concerning the Implementation of Subscription Parking on Public Roadsides. The regulation implements a roadside subscription parking system in the capital city of North Sumatra Province by subscription starting July 1, 2024. The amount of the subscription parking fee is IDR 90,000/year for two-wheeled vehicles, IDR 130,000/year for four-wheeled vehicles, and IDR 168.000,000/year for trucks/buses.This study uses the Empirical Juridical Type of legal research method, namely research that focuses on examining theory and practice in positive law. is research that places law as a social phenomenon. The data collection method used is by interview. This study refers to primary and secondary data (field and library data). The public supports the subscription parking program to maximize the acquisition of Regional Original Income (PAD) from the parking sector, but the process, substance and implementation must not violate the rights of citizens, especially if it conflicts with applicable laws and regulations.

Theory in Comparative Law Scholarship

Abstract The main focus of this paper is the meaning of the term “theory” in comparative law. It examines the comparative law theory literature and conducts an in-depth analysis of a sample of articles from two journals (ajcl and ejclg). Theory is considered very important in legal scholarship. ajcl articles are usually more “theory-thick” than their European counterparts. Nevertheless, the majority of European literature also places a strong emphasis on theory-related language. Yet, it is often unclear why authors used these words or what they contributed to the paragraph, section, or research objective. None of the articles reviewed discussed or acknowledged the polysemous nature of theory. This lack of clarity and transparency may hinder the progress of comparative law scholarship.

Influence of powerlifting on indicators of cardiovascular functional state and the respiratory system of the organization of the collectors

The article discusses the impact of powerlifting classes on indicators of the functional state of the cardiovascular and respiratory systems of the athletes' body. It has been established that powerlifting classes contribute not only to strengthening the health and increasing the level of physical fitness of the participants, but also form a positive motivation in them for systematic physical exercises. The purpose of the article is to study powerlifting classes on the indicators of the functional state of the cardiovascular and respiratory systems of the athletes. Scientific methods were used in the research: analysis of literary sources, pedagogical observation, conversation, assessment of the functional state of the cardiovascular and respiratory systems of the applicants' body. The research concept is based on the theoretical and scientific-methodical levels of the main provisions of pedagogy, theory and methodology of physical education, laws and principles of the educational process in physical culture. The research was conducted at Zhytomyr Ivan Franko State University in 2021–2023, in which students of the second year (34 people) of the physics and mathematics and history faculties took part. During the experiment, the students of the control group studied according to the traditional program of physical education for institutions of higher education, and the students of the experimental group attended powerlifting classes. It has been proven that powerlifting has a positive effect on indicators of the functional state of the cardiovascular and respiratory systems of the athletes.

Legal Foundations of State Policy on Self-Defense Weapons: In Quest of a Balance between Public and Private Interests

The debate on the right of citizens to carry short-barreled weapons, including firearms of limited destruction, has been going on for more than 30 years. The essence of these debates goes far beyond the limits of administrative law, since it is not limited only by the administrative law mechanism for implementing the procedure for acquiring, carrying and using weapons, acting as part of the public legal mechanism for ensuring personal security, security of the society and the State. The relevance of the issues of civilian arms trafficking is aggravated by the complication of the criminal situation during periods of social or economic upheavals that determine the choice of the trajectory of development of state policy for arms trafficking as an area of public law relations. The arguments of supporters and opponents of the use of firearms for self-defense are usually accompanied by arguments based on faith and beliefs rather than on facts and measurements. The purpose of the study is to summarize the legal and empirical resources characterizing administrative law foundations of state policy in relation to lethal and non-lethal self-defense weapons; to assess domestic legislative decisions and determine the directions for further administrative law development of state policy regarding arms trafficking, the expediency of using short-barreled weapons, including firearms of limited destruction, as selfdefense weapons. The interdisciplinary approach made it possible to combine the results of legal and other humanitarian studies. In particular, the achievements of branches of legal sciences of Russian law are brought together: administrative law, theory and history of law, criminology and criminal studies, sociology of law. In conclusion, the paper provides the results of a theoretical study with due regard to the historical, delictological and sociological context of the problem. The author substantiates the necessity of changing the legal foundations of state policy in the field of trafficking in self-defense weapons and gives appropriate proposals.

Инструментальное измерение теории судебных экспертиз: использование методологии общей теории права в выявлении, осмыслении и решении прикладных проблем

The paper is devoted to the study of the opportunity to apply the methodology of the general law theory in forensic expert activities. Based on an analysis of general theoretical structures, the author notes that an expert and an investigator are a subject of studying traces of the crime system. It is stated that facts established in the course of an expert study should be determined by goals of the instrumental, instrumental/goal setting and instrumental/cognitive nature of law with regards to the proving process. The author justifi es the need to develop forensic expert technologies that would not violate the procedural independence of each party to judicial proceedings.

Implementasi Teori Hukum Keadilan Bermartabat Dalam Hukum Investasi

Investment plays a crucial role in the economic development of a nation and the welfare of its people. Investment law governs the norms and regulations that encompass the possibilities, requirements, protections, and directions of investment to achieve such welfare. In the context of Indonesia, economic development and societal well-being are regulated by the Constitution, with the government having legislation that regulates both domestic and foreign investment. The theory of dignified justice, based on the values of Pancasila, serves as a fundamental principle in investment law, aiming for absolute justice, fair certainty, and utility as primary objectives. A case study on investment fraud in the mining sector illustrates the application of dignified justice theory in legal practice. This research aims to analyze the implementation of dignified justice theory in investment law in Indonesia, focusing on the principles of investment and case studies of investment fraud. The research method employed is juridical normative and literature review. The findings demonstrate that dignified justice serves as the main guideline in upholding the law and providing certainty for economic actors. Dignified justice reflects how the law addresses injustice, with the hope that existing regulations ensure fair certainty for all parties. Thus, investment law in Indonesia embraces the principle of dignified justice to bring about shared prosperity within society.