Modern Jurists Research Articles

Ancient, Medieval, and Early Modern Concepts of the Ius commune

“Ius commune” is the term that scholars use to describe the legal system that reigned on the European continent between ca. 1100 and 1750. Modern scholars, however, have generally not understood how the term was used in Roman law, medieval and early modern law. This essay attempts to illustrate the meanings of “ius commune” in the writings of ancient, medieval, and early modern jurists.

The Laws of Rollo as a Primitive Constitution for Normandy: Writing and Rewriting Legal History in France during the Seventeenth and Eighteenth Centuries

Abstract The laws of Rollo are regularly evoked in seventeenth- and eighteenth-century Norman historiography. As a result of a renaissance of interest in, and the study of, medieval Norman sources, notably the gestae of Dudo of Saint-Quentin and Guillaume of Jumièges, early modern jurists and historians located the legal particularism of Normandy in Rollo’s laws. They exploited these sources in order to preserve Norman rights and liberties and to use the history of their medieval origins to justify ongoing legal provincialism. But as the Revolution approached, the memory of Rollo’s laws also became an essential issue in emerging political and ideological debates, because they served as much to defend absolute monarchy as to challenge it.

Return of a Ghost

Abstract As there are hardly any regulations on slavery to be found in early modern German positive law, the impression prevails until today that slave status did not exist in the Old Empire. In such cases, however, Roman law was regularly used as a subsidiary legal source. By studying the plethora of early modern commentaries on the Corpus iuris civilis, which adapted ancient law to contemporary needs, a wholly different picture emerges: Not only did slave status exist as a legal concept and was applied in practice, but by selecting, interpreting, and commenting on it, early modern jurists shaped and reshaped its concrete appearance. Controversies and mainstream positions thus become tangible, as do more profound shifts from religious toward racial alterity as criteria for enslaveability.

Rulings on an Intended Abortion in accordance with Islamic law

Following a discussion of the various reasons why a fetus may be intentionally aborted, this article seeks to address the following question: What are the Sunni jurists' views on the legality of an intentional abortion of a fetus when the mother's life or health is in danger? The response to the question should be given by dividing the fetus' life span into two phases before and after the soul is breathed in, as well as by dividing Sunni jurists into past and present jurists, as well as according to the four well-known Sunni jurisprudence schools. The fundamental standards on which Sunni jurists have founded their opinions must be met in each of the aforementioned areas. Since determining the standards and foundation of their viewpoint can, at least in part, clarify the outcome of other factors that serve as justification for the purposeful abortion of the unborn. Although they have not said what punishment they want. It appears that all of the jurists of the past agreed that it is unlawful to willfully abort once its soul has been breathed, even if doing so would save the mother's life. The decision to purposefully terminate a baby before the soul is inhaled has been discussed from numerous angles by the four illustrious jurisprudential schools, including the majority of modern Sunni jurists, given that a fetus is a respected object at this stage. As a result, when the life of a being with a soul (such as a mother) and a being without a decent soul are in conflict, the life of the being with a soul is given priority. Because for now, saving the mother's life is the least harm that human civilization endures following the principle (of tolerating the least two harms). Some modern jurists think that it is illegal to have an abortion without a good reason if the fetus is intentionally aborted after the soul has been blown. And other people believe it is acceptable to purposefully abort the fetus without having a valid reason. However, all sides agree that if the mother's life is in danger due to the pregnancy, a purposeful abortion of the unborn will not only be acceptable but also required because this is the most obvious instance of a justifiable rationale.

Environmental sustainability and contemporary Islamic society: A Shariah perspective

This paper examines the relevance of Islamic environmental theology in contemporary Islamic society. Islamic law or Shariah gives a significant prominence to environmental care. The responsibility to care for the environment is set at individual and societal levels, as outlined in the primary sources of Shariah. In line with the industrial and vast economic development, the modern jurists have extended the moral and religious obligations to firms. Environment is an important element that supports the objective of Shariah or maqasid al-Shariah, which is to safeguard the interests of all beings. However, the current devastating state of the global environment, including those of Islam-majority and Islam- dominated countries, poses major challenges to the maqasid al-Shariah. Environmental degradation is threatening the dharuriyyah level of maqasid al-Shariah, or the basic necessities of human. In view of this devastating phenomenon, this paper highlights the relevance of Islamic legal maxim of harm prevention, and how it can provide an impetus to the global environmental sustainability in modifying human attitudes and actions pertaining to the environment. We conclude that progressive interpretations of Shariah by way of incorporating vast economic development and social changes are important to address new necessities of maqasid al-Shariah. While holding on to the principles of Shariah, religious rulings pertaining to environmental matters are to be aligned to the current changing needs and problems of the society.

The Issue of Mud wa Azwah and its Application in the Mixed Assets Sukuk Trading

The main goal of this study is to investigate the mixed assets Sukuk tradability regarding the issue of Mud wa Azwah, and this legal maxim has been originated from the Quran, Sunnah, Ijma, Qiyas and tradition. Some reasons may lead to the application of this legal maxim in the mixed assets Sukuk trading, that have been explained and distinguished what should be included in the contract of sale, based on Mud wa Azwah as well as what can be accepted in its auxiliaries through applying the objectives of Shari’ah to facilitate the mixed assets Sukuk contract and to stop hardship. Moreover, Hanafi School of laws and modern jurists have presented a solution to deal with the mixed assets Sukuk trading of wealth, right, money and debt regards to the principle of Mud wa Azwah. However, the study conducts the inductive approach; to collect the study material and data related to the four schools of Islamic laws, the opinions of modern jurists on the trading of mixed assets sukuk. Also, the study has performed analytical approach to understand basic concepts and elements in three stages: interpretation, criticism and exploration among them; in terms of jurisprudence and contemporary financial and economic studies, resolution of the Islamic financial institution and recommendations. In addition, the study has found out that the trading of mixed assets Sukuk in the light of the legal maxim of Mud wa Azwah with its terms and conditions is permissible based on Fiqhi studies and Usuli principles. Finally, the study has concluded with the solution of Hanafi school of laws that also supported by the resolution of OIC International Fiqh Academy in dealing with mixed assets Sukuk trading in the light of the legal maxim of Mud wa Azwah.

DEFINING THE AGE OF MARRIAGE IN THE MMDA OF SRI LANKA: AN ISLAMIC PERSPECTIVE

Defining the age of marriage has been a controversial issue in Sri Lanka because of the feminist’s lobby. However, Islam explicitly establishes maturity as the dividing line to define the majority and minority while the man-made laws worldwide consider diverse ages according to the traditional, cultural, ethnic, and geographical diversity. Thus, this study aims to analyse the discourses on defining the age of marriage in the MMDA (Muslim Marriage and Divorce Act) in the Islamic perspective. Subsequently, it explores the opinions of the classical and modern jurists and the discourses between the All-Ceylon Jamiyyathul Ulama and the women activists in Sri Lanka based on qualitative research methodology collecting data from library research. Consequently, this study endeavours to enlighten the Islamic perspective on defining the age of marriage to bridge gap between the jurists and the feminists.

Principle of Freezing Money in the Islamic Banking

In the modern days people face newly emerged issues which were not present in the old days. Because such issues did not exist in the past, they were not addressed by the jurists in past. So, modern day jurisprudence faces unprecedented issues in the present days. This is great achievement of the modern jurists that they address such newly emerged issues by sticking to the basic principles of the jurisprudence and they derive their solutions from these basic principles. Because jurisprudence is to ever exist, changes in the rulings of the issues based on the basic principles will be there and Muslims scholars have always worked on it. Allah has blessed me with a great chance to exercise one such effort in the filed under the title Principle of Freezing Money in the Islamic Banking. This idea came into my mind when my teacher pointed it to me and asked me to compile the available efforts done by the people in a single volume. The issue at hand needed a very detailed and comprehensive study. I pray to Allah that he may guide me in this regard and may He make it a useful attempt from which people may benefit. He may forgive my mistakes and sins while the compilation. The following points are covered in the present article.
 
 Definition and details of the Freezing Money in the Islamic Banking. Its dictionary and terminological meaning.
 Types of money/ investments and clarifications about them.
 Rulings of the invested/ freeze money and the opinions of the jurists about it.
 Referring back to the previous studies conducted in the present field.

أحكام الإضراب عن الطعام في الشريعة الإسلامية

The hunger strike is a burning issue and is widely practised in the contemporary world for different purposes, including as a means of agitation against political, social and other kinds of discrimination and injustice. Some modern jurists hold that it is heresy borrowed from Western democratic systems. However, the issue needs to be seen in all its aspects. First, it is a means of demanding rights, a matter that is very significant in Islam. Second, hunger strikes are practised only in protest against the injustice of those in power and the injustice of the employers. Third, it is carried out only after the failure of various legitimate means and sources. The article explains the meaning of the hunger strike literally and technically and provides a comprehensive perspective on the issue. It further elaborates the opinions of classical and contemporary scholars, compares their views, and identifies the most correct opinion of them. It concludes that any demonstration that may result in violence and bloodshed is extremely prohibited and rejected in Islamic law. Likewise, any hunger strike, which may lead to death is strongly forbidden. It is advisable to be patient and tranquil and pray for the improvement of circumstances.

Законодательное регулирование статуса северо-западной территории Северной Америки в составе Российской империи

The studies of colonization belong to the topical issues of modern historical and legal science, since they allow to reveal the features of the state-legal formation of the Russian Empire. Empire-building in Russia had distinguishing characteristics predetermined by the legal policy of the state toward conquering and discovering new lands. The colonization of the North America is a problem of scientific interest, and there are many approaches to assessing the legal status of this territory as part of imperial Russia. The research materials were legal acts contained in the Complete Collection of laws of the Russian Empire; scientific works of researchers studying Russian colonies in North America. The theoretical basis of the article is the work of jurists of the XIX - beginning of the XX century, the research of Soviet and modern jurists exploring the empire building in Russia. The methodological basis of the article was a set of general and special methods of inquiry, which predetermined a comprehensive and complete study of the object and matter of research. Formal legal, systematic, and historical legal research methods were used in the preparation of the article. The results of the study allow us to characterize the specifics of legal control of the northwest territory of North America as part of the Russian Empire. The author concludes that the experience of the state and legal development of North America as part of the Russian Empire contributes to the disclosure of the historically established features of the state structure and the activities of state authorities; explains the peculiarities of the foreign policy of the Russian Empire carried out during the seizure of the northwestern territory of North America.

Experiencing Personal Data Protection on the Internet and Its Possibilities of Recognition and Enforcement in Ukraine

The purpose of this article is to find the most successful ways, forms and methods of personal data protection on the Internet among foreign countries for domestic political and legal realities. The following methods were used in the article: dialectical, logical-semantic, comparative-legal, documentary analysis, analytical, information-analytical. Issues related to the adaptation of the successful experience of a number of developed countries in the field of personal data protection on the Internet are brought up for discussion. Some options are covered and specified, which include effective methods and ways to implement an effective mechanism for personal data protection on the Internet in Ukraine. It is emphasized that the protection and proper confidentiality of personal data of individuals is one of the key tasks currently facing modern jurists. It is also added that the nature and specifics of the use and protection of personal data of individuals, including on the Internet, are extremely closely related to the institution of intellectual property. Emphasis is placed on the fact that the level of protection of personal data of individuals in a country is an indicator of the extent to which such a state meets the criteria of freedom, democracy, and the rule of law.

THE VIEWS OF THE WOMEN ACTIVISTS IN SRI LANKA ON THE VALIDITY OF WALĪ IN A MARRIAGE: A JURISTIC ANALYSIS

The women activists in Sri Lanka, namely the Muslim Women Research and Action Forum (MWRAF) advocate for reform in the Muslim Marriage and Divorce Act of Sri Lanka (MMDA). Nonetheless, since the Shāfiʿī Madhhab is predominant in Sri Lanka, the All-Ceylon Jam-e-athul Ulama (ACJU) - the mainstream organization of the jurists in Sri Lanka refutes the demands of the MWRAF. Consequently, there has been a deadlock over the years between the MWRAF and the ACJU. Hence, this research aims to analyse the critiques of the MWRAF regarding the validity of Walī (legal guardian) in a marriage and the responses of the ACJU. Accordingly, it explores the arguments of the women activists and their justifications such as the prioritisation of the opinions of the Ḥanafī jurists, refusal of the Ḥadīths regarding the Walī and the claim that the Ḥadīths regarding the Walī are contradictory to the Qur’an. Moreover, it analyses the coercion of matured and unmatured bride. Since this is a juristic analysis, it draws on the Quran, the Ḥadīths and the opinions of the classical and the modern jurists. Finally, this research finds that the critiques of the women activists are against the majority opinion of the jurists and proves that validating the marriage without Walī cause detrimental effects in the Muslim Community of Sri Lanka. Hence, this research enlightens the women activists regarding validity of Walī in a marriage providing the persuasive evidence from the divine texts and the prominent jurists.

اَلتَّکْیِیف الفقهیّ للتّسویق الشّبکیّ فی إطار القواعد الفقهیّة

يعالج البحث موضوع التکييف الفقهي للتسويق الشبکي في إطار القواعد الفقهية، هذا العقد الذي يعد من النوازل العصرية الأکثر حداثة في المعاملات المالية المعاصرة، والذي تقتضي الحاجة بصورة ملحة إلى بيان حکمه للناس؛ نظرا لکثرة تداولهم لهذه النازلة في معاملاتهم المالية مع حداثتها، واتجاه کثير من المؤسسات التجارية العابرة للقارات الآن إلى توسيع تعاملاتها من خلال التسويق الشبکي، مع حاجة الناس إلى التعامل مع هذه المؤسسات؛ لسد حاجاتهم التجارية والسلعية، وقد خلص البحث إلى أن عقد التسويق الشبکي من العقود المستحدثة التي لم تکن موجودة من قبل؛ فالفقهاء القدامى لم يتعرضوا له ببيان حکمه ولا ذکر تکييفه الشرعي ؛ ولهذا نجد أن الفقهاء المعاصرين اختلفوا في التکييف الفقهي له، وهذا الاختلاف نتج اختلافهم في الحکم الشرعي له، وتردده بين الجواز والمنع، وقد خلصت الباحثة إلى القول بجواز عقد التسويق الشبکي بالضوابط والشروط المعتمدة والتي ذکرتها أثناء البحث، وأن لجملة من القواعد الفقهية تأثيرا کبيرا في التکييف الفقهي لهذا العقد، ومن ثم في الحکم الشرعي له، ومن ذلک قاعدة (الأصل في البيع الجواز)، وقاعدة (المشقة تجلب التيسير)، وقاعدة (لا ضرر ولا ضرار)، وقاعدة (الغرم بالغنم). The present research deals with the topic of jurisprudential conditioning of network marketing within a framework of jurisprudential rules. Nowadays, people need to make contracts with companies across continents to get what they need of commodities and trade articles. Such contracts are considered among the most recent juristic issues in contemporary financial transactions, whose ruling is urgently needed by the people who often conduct such transactions. Since this type of contract was not found in the past, the earlier scholars neither knew it nor mentioned any ruling or jurisprudential adaptation of it. Modern jurists, however, have disagreed about its jurisprudential adaptation; hence they had different rulings on it. The researcher has come to the finding that online marketing contracts are permissible when the number of juristic rules- mentioned in this paper - are taken into account. Those rules include: “Hardship necessitates facilitation” and “Trade is by default permissible”.

میراث الحمل والخنثى فی ضوء المستجدات الطبیة دراسة مقارنة

يشهد العالم تطورا کبيرا في مختلف العلوم، کان لهذا التطور أثرا على الأحکام الفقهية، ومن ذلک مسألة ميراث الحمل والخنثى، حيث أدى التطور في علوم الطب إلى الکشف عن حقائق علمية لم تکن في متناول المتقدمين من الأئمة الفقهاء، ويتناول هذا البحث مسألة ميراث الحمل والخنثى عند الفقهاء وما استقر عليه رأي القانون المصري، مسترشدا بمستجدات العلوم الطبية وتطبيقاتها في عمليات الحمل والإخصاب، وعمليات الکشف عن حقيقة الجنس وتصحيحه، وقد تم تقسيم البحث إلى فصلين رئيسين، يحوي کل منهما أربعة مباحث، خصصت الفصل الأول للحديث عن ميراث الحمل في ضوء المستجدات الطبية، أما الفصل الثاني فهو خاص ببيان ميراث الخنثى في ضوء المستجدات الطبية، وقد حاولت استقراء المسألة من خلال کتب وآراء الفقهاء المتقدمين والمتأخرين، مع المقارنة بين هذه الآراء والترجيح متى کان للترجيح وجه، مع التعرض لموقف قانون الميراث المصري في ميراث الحمل والخنثى، ومن خلال هذا البحث تبين أن الفقهاء المتقدمين رضوان الله عليهم ناقشوا مسألة ميراث الحمل والخنثى في ضوء ما وصل إليهم من شرع، وما قدحته أو أحاطت به أذهانهم من علم، إلا أنه في ظل المستجدات الطبية يمکن علاج کثير من حالات الالتباس والتقدير في ميراث الحمل والخنثى، وأنه أصبح الوقت ملائما لاعتماد النتائج العلمية المخبرية، والتحاليل الطبية المعتمدة والرسمية، عند تقدير ميراث کل من الحمل والخنثى، وتضمين ذلک في نصوص قانون الميراث المصري. Advancement in medicine has uncovered scientific facts that were not available to the earlier jurists. The present research paper deals with the issue of the inheritance of the embryo and the hermaphrodite as seen by the jurists and the Egyptian law in the light of the recent medical advancements and the application of new methods of pregnancy, artificial insemination, and gender revelation of the fetus. The research paper consists of two main sections, each of which deals with four topics. The first section is concerned with the inheritance of the embryo in the light of the recent medical advancements, whereas the second deals with the inheritance of the hermaphrodite. I have studied this issue of inheritance in the writings of the modern jurists as well as in the writings of the earlier ones. This research includes drawing comparisons between the jurists’ rulings and making preferences when appropriate, while tackling on what the Egyptian law stipulates in this connection. This research finds that the time has become ripe for the approval of scientific lab results and approved official medical analyses, when assessing the inheritance of both embryo and hermaphrodite. Then, this should be incorporated into the Egyptian law of inheritance.

The history of the emergence of ideas about the principle of reasonableness in the mechanism of interpretation of law

The issue of the history of the origin of ideas about the principle of reasonableness in law occupies a central place within the study of historical and legal aspects of the principles of law in general. The author proves that the ideas about the principles of law in general are marked by the historical duration of their formation and development, and today the legal doctrine is represented by a wide range: a) worldview and scientific ideas of thinkers of antiquity; b) various theoretical and practical ideas of philosophers of the medieval period; c) scientific works of the Modern Age and the Enlightenment; d) innovative concepts and theories put forward by modern philosophers, modern jurists, political scientists, philosophers and scientists (both representatives of legal sciences and other branches of scientific research). In addition, the paper analyzes the history of the origin of worldviews and scientific ideas about the principle of reasonableness in law, as well as identifies the factors that led to its separation as an object of scientific knowledge. It is substantiated that thinkers of the Antiquity period comprehend and reveal the ideas of reason in law (law) through a set of other concepts and categories that form a connection with this ideological principle, namely: the logos, which is defined as the eternal world order; law, legislative activity as a manifestation of the logos, the ability to formalize the logos; wisdom as a result of education and human experience, public interests and balancing the interests of various subjects of social relations; common sense, etc. Summarizes the position that in the views of thinkers arises and develops the worldview that law is a product of mental human activity, which should be educated, vitally wise, and therefore able to think, analyze the objective needs of society, distinguish between «good» and «evil». This idea became a component of sophistry, which later in the views of Roman jurists expanded and rethought in terms of lawmaking and law enforcement on the mental abilities of man, who invest in the content of laws rational ideas and able to understand and apply them with the mind. It is stated that despite the fact that in the legal teachings of antiquity the principle of reasonableness in law has not yet become an independent subject of worldview or scientific understanding, nor has it been singled out as a separate legal category, it should be noted the research interest of ancient thinkers in development and improvement law, its nature, essence and functional purpose, actions and effectiveness, which are understood, including through the prism of ideas about human wisdom (mind), rationality in law, features of the implementation of law in human consciousness and behavior. Keywords: law principles, functions law principles, principle of reasonableness in law, role of principle of reasonableness in law, system law principles.

Theology and politico-legal popularization of martyrdom in the catholic universal monarchy

The choice of the doctrine of St. Thomas Aquinas to formulate a theory of martyrdom present in the Hispanic Modern Age corresponds to the evident fact of its value as foundation of the Second Scholasticism theology, in the quality of builder of the philosophical and theological tendency that laid the foundations for the renovation of natural Law: an intellectualist iusnaturalism, contrary to voluntarism, which meant the Catholic orthodoxy and constituted, under the counter-reformist spirit, the basis of a reinterpretative and original thinking embodied by the modern jurists and theologians in their treatises and commentaries in order to acquire a political and legal connotation with regard to the legitimation of the nature and aims of Universal Monarchy

SHARĪʿA AS STATE LAW: AN ANALYSIS OF ʿALLĀL AL-FĀSĪ’S CONCEPT OF THE OBJECTIVES OF ISLAMIC LAW

AbstractThis article presents and evaluates the legal thought of Muhammad ʿAllāl al-Fāsī (1910–1974) with a focus on his discourse on the objectives of Sharīʿa and the motives behind his reformulation of these objectives within the broader context of his political agenda. Al-Fāsī's concerns were not purely academic. As a political leader who struggled for the independence of his country and as a decision maker within the newly established Moroccan state, his theorization of Islamic law departed from traditional and modern efforts to negotiate the supposed status of Sharīʿa within the institutional structures of postcolonial Muslim states. The questions engaged in this article are to what extent did al-Fāsī's contribution to Maqāṣid go beyond its classical reformulations as represented by the Andalusian Māliki jurist Ibrāhīm Ibn Mūsā Abū Isḥāq al-Shāṭibī (d. AH 790/1388 CE) in his seminal work, Al-Muwāfaqāt fī Uṣūl al-Sharīʿa, and whether al-Fāsī's work represents a turn in the field of Maqāṣid when compared with that of other modern Muslim jurists, among them Muhammad al-Ṭāhir Ibn ʿĀshūr (1886–1970). This article focuses on al-Fāsī's book on Maqāṣid al-Sharīʿa, Maqāṣid al-Sharīʿa al-Islāmiyya wa Makārimuhā, and its contribution to the ongoing efforts to accommodate Islamic law within the corpus of modern secular laws.

Municipal Scaevolas and Ulpians?

Modern scholars usually examine what the municipal charters tell us about the local administration, the legal processes etc. They are annoyed whenever the texts – using only references or ambiguous terminology – do not explain something that is not known to us. It is much rarer for them to examine whether the average inhabitant of a city was able to understand the legal topics which are obscure even for modern jurists. In this paper I try to map the knowledge necessary to understand and apply the municipal charters.

Combatting Bias in the Criminal Courts of France, 1870s-1913

Abstract In nineteenth-century France, liberals assumed that a conservative judiciary was frequently biased in favour of the prosecution, and socialists assumed that juries were dominated by the upper classes and too unrepresentative of the population to render justice equitably. Agitation by the left to combat these perceived biases led to the adoption of two key reforms of the fin de siècle. One was the abolition in 1881 of the résumé, or summing-up of the case by the chief justice of the cour d’assises (felony court). Liberals thought this reform was necessary because judges allegedly often used the résumé to persuade jurors in favour of conviction, a charge repeated by modern historians. The other reform, beginning at about the same time, was to make jury composition more democratic. By 1880, newly empowered liberals (at least in Paris) had begun to reduce the proportion of wealthy men on jury lists. This was followed in 1908 by the implementation of a circular issued by the Minister of Justice ordering the jury commissions to inscribe working-class men on the annual jury lists. However, a quantitative analysis of jury verdicts suggests that the reforms of the early 1880s and 1908 had only modest impacts on jury verdicts. Ideas and attitudes seem to have been more important. This has implications regarding two key controversies among modern jurists: the extent to which judges influence jurors and the extent to which the characteristics of jurors influence their verdicts.

Thirty Years of Studies on Prosopography of Portuguese Early Modern Jurists

This article reports on the state of prosopographical research on Portuguese university-educated (»learned«) jurists, which is particularly advanced due to the specific Portuguese source situation. A number of substantial studies have employed digital tools to analyse and visualise the social backgrounds and career patterns of law students, jurists serving as royal magistrates, and high court judges from the 17th to the 19th centuries. A current project on the authors of legal doctrinal works reveals the thematic preoccupations of Portuguese jurists over the period studied. Beyond their immediate thematic foci and methodological advances, these studies also make sub- stantial contributions to our understanding of the actual practices of government, including the rela tionship between Portugal’s overseas territories and the metropole. Recommended citation: Hespanha †, António Manuel, Thirty Years of Studies on Prosopography of Portuguese Early Modern Jurists, in: Rechtsgeschichte - Legal History Rg 27 (2019) 22-50, online: http://dx.doi.org/10.12946/rg27/022-050