Positive Theory Research Articles

The rights and obligations of consumers, banks and developers in the home purchase agreement through the home ownership loan facility (STUDY PT.PILAR WAHANA SEJATI)

This study aims to (1) Examine and analyze the legal relationship between consumers and developers due to the Home Purchase Agreement. (2) reviewing and analyzing the legal protection of Home consumers due to the obligations of the developer due to the house sale and purchase agreement. The research method used is juridical normative by using conceptual (conceptual approach). Data analysis is done qualitatively by utilizing relevant positive theories and laws. Legal protection of consumers is regulated in law No. 8 of 1999 on consumer protection this law is expected to protect consumers in buying and selling homes through home ownership credit facilities. Based on the rules of law ,then in making the sale and purchase of houses must be made in the form of an authentic deed that is a deed that is made in the form specified by law and made before the competent public officials. Deed of sale and purchase under Article 617 of the Civil Code Kepmenpera number 09/1995 and PP24 / 1997, The Deed of sale and purchase must be signed by the seller and buyer in the presence of PPAT.

The Role of H. L. A. Hart’s «Rule of Recognition» in Contemporary Anglo-American Legal Positivism

The article explores the role of the theory of «rules of recognition» by Oxford professor H.L.A. Hart in the contemporary theory of Anglo-American legal positivism, introduced by him in his central work «The Concept of Law» (1961), which has a significant influence on contemporary legal theory and philosophy. The authors reveal the content and meaning of the concept of «rules of recognition» as part of the secondary rules – «rules about rules» or «procedural rules» which determine the criteria for the validity of law along with the «rules of change» and the «rules of adjudication» in H.L.A. Hart’s terminology. The authors demonstrate the correlation with the «Grundnorm» of German legal philosophter H. Kelsen, which is more common in the Ukrainian legal theory, and which justifies the existence of constitutional norms as fundamental ones which determine the recognition of law by society and its individuals. The authors analyze the main positions of H.L.A. Hart’s followers – J. Raz, M. Kramer, B. Bix, S. Shapiro and others – regarding this theory and highlights the criticism of its individual provisions. The authors highlight how H.L.A. Hart tried to explain by the «rules of recognition» how law at the fundamental level is a matter of social convention (agreement between people inside the inhabited society), defending one of the components of legal positivism – the thesis of social fact (social sources of law thesis). The authors examine the interdependence between law and coercion by the State, the role of social practice in society’s subordination to law, the role of moral norms in the formation of law, in particular, the «rule of recognition», the correlation between the concepts of «rule of recognition» and «legal validity», and the problem of law enforcement by judges and governmental officials of the «rule of recognition». The authors summarize how H.L.A. Hart eliminates morality from the content of law in motivating judges and governmental officials to apply the rules of law, clarifies the position of legal positivism on the issue of the grounds for society’s submission to law, and demonstrates how the «empirical» theory of recognition prevails over the «analytical» theory, using R. Alexy terminology.

Cassirer’s functionalist account of physical truth: object, measurement and technology

AbstractIn this paper I focus on Cassirer’s functionalist theory of truth in order to argue that the Positivistic theory of knowledge fails to explain how it is that physics provides us with truth-evaluable and reliably objective descriptions of the world. This argument is based on Cassirer’s idea that what the Positivistic theory of knowledge normally considers as the “factual” of physics is, in fact, unachievable and falsely conceived. I show that Cassirer’s focus on how measurement is made possible, as well as how technological instruments are put to use in physical research, enables him to offer an alternative account of truth, i.e., a functionalist theory of truth, which is philosophically attractive and rationally plausible.

Analysis of Critical and Positivist Accounting Theory in Latin America

This article establishes an analysis of the first contributions and the importance of the Critical and Positivist theories of accounting in Latin America over the years, through the study of scientific articles by recognized accounting experts from different countries on the theories. . Also, carry out a bibliographic examination of criticism and positivism applied to accounting, resulting in the correlation of concepts focused on accounting in Latin America. The type of research is descriptive with a qualitative approach with the purpose of developing a discussion of the Critical and Positivist theories of accounting in Latin America. Obtaining a greater scope to understand that this social science is immersed in two currents that are based on the fact that knowledge is obtained through practice and can be verified through scientific methods, establishing the importance of understanding the contributions that the critical and positivist theory in the field of accounting science.

PROPER NAME AS AN EMOTIVE LEXICAL UNIT UNDER BILINGUALISM IN A MULTIETHNIC LINGUISTIC ENVIRONMENT IN THE LIGHT OF LANGUAGE POSITIVITY THEORY

The article deals with the linguistic category of emotivity. Informal forms of proper names are very re-levant onomastic material for the interpretation and substantiation of the theory of language positivity, since the word-building formants involved in their making, even outside the context and consituation, are able to convey the fi ne nuances of positive human emotions. The purpose of this research is to prove that anthroponymic emotives are both means of explication and implication, manifestation and concealment of emotions. To achieve the goal, a sur-vey of respondents was conducted. The questions used a sample of the most popular, rare and average frequency names in Bashkortostan for 2022, including female names like Amina, Octavia and Valeria, and male names such as Amin, Justin and Vladimir. A number of questions asked about the proper names of informants and their attitudes towards the use of diminutive forms. The analysis of responses showed that most respondents perceived these forms positively. The main scope of these names was limited to communication with loved ones. The frequency of use of informal vocatives in 57.1% of responses was determined by the situation. Participants in the survey off ered 24–80 variants for diminutive forms, which according to respondents implied a subjective positive evaluation. Among the diminutive suffi xes of anthroponyms, the most positive emotional connotation is carried by suffi xes such as -ochkand -ik. Linguistic and cultural analysis has allowed us to identify value dominants and stereotypes of communica-tive behavior among linguistic personalities. The extralinguistic interpretation of diminutive proper names provides a reason to regard onomastic units (anthroponyms) as positively connotated emotives. Based on the results of the research, we can conclude that the ethnically specifi c feature of speech in bilingual conditions, using the onomastics of the Republic of Bashkortostan as an example, is the tradition of person naming that has developed in the native language as well as the use of Russian word-formation patterns.

Reconceptualizing Justice in Human Geography: Landscape as Basic Structure, Justice as the Right to Justification

This article argues that geographers should rededicate themselves to developing a positive theory of justice. In the past fifty years, research has made enormous strides in theorizing injustice, but mostly geographers rely on commonsense and unexamined notions of justice as “fairness.” In this article, I trace this avoidance of justice theorizing to the way geographers originally engaged with Rawls’s foundation work and argue that his A Theory of Justice should be reexamined to better understand one of the central concepts: the “basic structure,” especially as it has been reformulated by feminist political theorists. I argue that the landscape is a key component of the basic structure and understanding it as such offers a first step in a positive theory of justice that is deeper than the commonsense justice-as-fairness. Having established landscape as basic structure, I then argue that a second step toward a full theory of justice would be to understand justice as the “right to justification” (as theorized by the Frankfurt School’s Forst). The end result—combining landscape as basic structure with justice as the right to justification—is a theory that allows for assessing both “minimally” and “maximally” just geographies.

LEGAL STATE AS A PHILOSOPHICAL AND POLITICAL PROBLEM (ON THE 30TH ANNIVERSARY OF THE RF CONSTITUTION)

The article shows the social and philosophical-theoretical foundations of the idea of the rule of law. Based on world political and legal thought, the nature and evolution of this phenomenon is revealed. It is argued that in the presence of the institution of human rights, the mechanism of separation of powers and the predictability of the actions of state power, the rule of law can be assessed not only as an ideal, but also as a real way of organizing the state. It has been demonstrated that public order is a constant compromise between various forces in society, determined by the intensity of social interests. One of the ways to overcome political alienation is the subordination of the state to law, designed to ensure predictability of the actions of state power, guaranteeing a stable legal order. It is emphasized that the issue of the state being bound by law cannot be resolved within the framework of the theory of legal positivism and requires turning to meta-legal concepts (justice, good morals, common good) that lie outside positive law, and their basis and boundaries must be sought in philosophical and legal principles. Special attention is paid to the understanding of the social state - a state that establishes social (material) guarantees for broad layers of the population, ghts poverty and introduces legal mechanisms for this purpose. It is shown that a legal social state is one of the central problems of Russian liberal philosophy of law. The rule of law, from the point of view of its representatives, must be supplemented by the “right to a decent existence”.

Global Dynamics of a Social Hierarchy-Stratified Malaria Model: Insight from Fractional Calculus

In this study, a mathematical model for the transmission dynamics of malaria among different socioeconomic groups in the human population interacting with a susceptible-infectious vector population is presented and analysed using a fractional-order derivative of the Caputo type. The total human population is stratified into two distinguished classes of lower and higher income individuals, with each class further subdivided into susceptible, infectious, and recovered populations. The socio hierachy-structured fractional-order malaria model is analyzed through the application of different dynamical system tools. The theory of positivity and boundedness based on the generalized mean value theorem is employed to investigate the basic properties of solutions of the model, while the Banach fixed point theory approach is used to prove the existence and uniqueness of the solution. Furthermore, unlike the existing related studies, comprehensive global asymptotic dynamics of the fractional-order malaria model around both disease-free and endemic equilibria are explored by generalizing the usual classical methods for establishing global asymptotic stability of the steady states. The asymptotic behavior of the trajectories of the system are graphically illustrated at different values of the fractional (noninteger) order.

Constraining Constitution-Making

Whether constitution-making should be constrained has long been debated, but little is known about whether it is possible. We make several contributions to this question. We start by providing a typology of three types of constraints on constitution-making: Substantive, Procedural, and Institutional. We next develop a positive theory of when these constraints are likely to influence drafters’ behavior. We then use a mixed-methods approach to explore these ideas in the context of Chile’s constitutional reform process. In a survey experiment conducted in Chile before citizens voted on the draft constitution, we find that most respondents supported constraints in the abstract, but that they also supported a popular policy initiative—nationalizing mines—that violated these same constraints. This suggests that popular opinion may not enforce constraints on constitution-making. However, in fieldwork conducted in Chile, we found evidence that Chilean political parties did rein in constitution-makers who wanted to ignore constraints. This suggests that constitution-making constraints may be more likely to be effective when enforced by political parties.

Positive indiscernibles

We generalise various theorems for finding indiscernible trees and arrays to positive logic: based on an existing modelling theorem for s-trees, we prove modelling theorems for str-trees, str0\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$_0$$\\end{document}-trees (the reduct of str-trees that forgets the length comparison relation) and arrays. In doing so, we prove stronger versions for basing—rather than locally basing or EM-basing—str-trees on s-trees and str0\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$_0$$\\end{document}-trees on str-trees. As an application we show that a thick positive theory has k-TP2\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$\\mathsf {TP_2}$$\\end{document} iff it has 2-TP2\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$\\mathsf {TP_2}$$\\end{document}

Конституционное право и политический реализм: негативная теория свободы слова

Classic positive theories of freedom of speech explain enhanced constitutional defense of speech in terms of fundamental values served by expression (pursuit of truth, democratic governance or personal autonomy). Negative approach, which is the subject of this article, focuses not on the high social value of speech, but on the unique risks of its suppression. The dangers of repressive censorship mainly stem from personal interests of office-holders (legislators as well as law-enforcement officers) or from intolerance. Psychological reasons and the architecture of censorial decision-making turn speech into an especially fragile object of regulation. The idea underlying the constitutional status of freedom of speech is the distrust of government decision-making in speech regulation. Judicial review should pay close attention to the design of abridging laws and justifications provided for them. These laws should be worded clearly and should not allow for selective viewpoint censorship. The simplicity of negative approach and its political realism make it the most plausible theory for interpreting constitutional article on freedom of speech (expression).

자평명리학의 운명가능론과 그의 변천

This article examines how Seo Ja-pyeong's theory of possible fate, which founded the study of Japyeong Myeongri in the early North Song Dynasty, is inherited and changed during the major successors after the Southern Song Dynasty. Seo Ja-pyeong was wary of luxury and emphasized on the doing one's bestand waiting Heaven's decree and took the theory of possible fate that if he blocked it with his accumulation of virtuous deeds, he would return in a bad way. Jin So-am emphasized accumulation of virtuous deeds and the immutability of misdeed, arguing that good deeds and evil deeds, as well as life expectancy, could increase or decrease just by thinking about them. Jin So-am recognized accumulation of virtuous deeds as a higher concept than nasolabial folds in terms of the influence that determines the life, and presented an example of successful 改命 through accumulation of virtuous deeds. Lim Cheol-cho emphasized the practice of virtue and listened to the donation of property as a way of good deeds, but donating to a religious organization has no effect and should be shared with poor relatives He argued that there was an effect of changing Heaven's decree. In addition, it was said that if you cultivate virtue, you can receive rewards and make up for people's work, and the purposeful good deeds of changing Heaven's decree were also considered to be effective. In addition, it was considered that the virtue of parents or ancestors influenced the name of a child. In addition, it was considered that the person's name was a combination of not only the nasolabial folds but also the ancestors' graves and ancestors' virtues based on feng shui. Seo Ja-pyeong, Jinso-am, and Im Cheol-cho saw that they can change Heaven's decree through accumulation of virtuous deeds in common. However, if Seo Ja-pyeong's theory of naming is a passive theory of possible fate, Jin So-am and Im Cheol-cho's theory of naming can be said to be a positive theory of possible fate, and among them, Jin So-am is the most active.

The Power of Proof of an Online Arisan Agreement in the Verdict of PKPU Number 10/Pdt-Sus-PKPU/2021/Pn.Smg in Accordance with the Theory ofLegal Positivism and Justice

This thesis is entitled "The Strength of Proof of Online Arisan Agreements in PKPU Decision Number 10/Pdt-Sus-PKPU/2021/PN.Smg Seen from the Theory of Legal Positivism and Justice". This thesis aims to find out and examine the strength of proof of online agreements via the WhatsApp application in terms of the theories of positivism and justice as well as to find out and examine procedural law reforms that are needed to accommodate the use of technological means as evidence in business/business relationships. This research is normative legal research with a conceptual approach and statutory regulations. The data source is secondary data consisting of primary legal materials and secondary legal materials, analyzed using legal analysis methods, namely qualitative methods. The results of the research show that there are disparities in the implementation of electronic evidence assessment because there is electronic evidence that is considered to have weak evidentiary strength even though they are supported by other evidence, there are also those that are considered to have decisive evidentiary strength in resolving cases in court so that they do not provide equitable justice. for society. The panel of judges in assessing electronic evidence should not only prioritize legal certainty but also justice which should be realized to protect the interests of the parties reform of procedural law in terms of implementing electronic evidence in Indonesian trials requires reform of three main pillars of law, namely legal substance, legal structure. and legal culture.

Eco-Innovation: Corn Stover as the Biomaterial in Packaging Designs

Shandong, China’s largest agricultural province, generates a massive amount of agricultural waste each year, with corn stover being the predominant type. Although current agricultural waste management primarily involves sustainable practices carried out by professional companies, this study seeks to explore a simpler, more accessible method of handling stover waste. Guided by positivist theory and several experiments, a formula was developed, primarily composed of corn stover powder and natural substances such as glycerin. In this process, we designed and implemented four control experimental groups with water as the quantity used to investigate the influence of different material content in the formula. The resultant material was then subjected to property analyses, including tests on colouration, toughness, etc. Ultimately, the material was applied in a small-scale test as a raw material for an agricultural product packaging design. The study, rooted in sustainability, environmental protection, and the establishment of a local circular economy, fills the gap in current research of lacking design knowledge interventions.

The Analysis of The Decision No. 1706/Pdt.G/2020/PA.Mdn. Based on The Decision No. 93/PUU-X/2012

This research discusses regarding the sharia economic dispute resolution based on akad which usually occures, with analyzed of the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. according the Constitutional Court Decision No. 93/PUU-X/2012 regarding sharia economic dispute resolution based on akad. The type of this research is library research and in the form of normative legal research. The research approach uses statute approach and case approach with theoretical review by pure theory of law and positivism theory of law. The primary legal materials consist of UUD 1945, KUHPerdata, Law No. 21 of 2008 regarding the Sharia Banking, Law No. 3 of 2006 regarding Religious Courts, Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution, Law No. 3 of 2004 regarding the Constitutional Court, Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. and Constitutional Court Decision No. 93/PUU-X/2012. The secondary legal materials are books, thesis, and law journals according to the research problems. The colecting datas technique is documentation and the analysis technique uses desciptive analysis. The result of this reseacrh shows that the consideration of the Medan Religious Court Judges’ on the decision No. 1706/Pdt.G/2020/PA.Mdn. who declares that It was not authorized to try the lawsuit based on the explanation of Article 3 of Law No. 3 of 1999 which principally states that the court is not authorized to try between parties who have been bound in an Arbitration akad and the Constitutional Court Decision No. 93/PUU-X/2012 does not make it has no legal force. Because the two legal standing is separated. Then, by reviewing of the Constitutional Court Decision No. 93/PUU-X/2012 toward the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. regarding the sharia economic dispute resolution based on akad is contradict with law according to the pure theory of law and positivism theory of law. Because the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 that stated sharia economic dispute resolution through arbitration contradict with UUD 1945.Sharia Economic Dispute, Dispute Resolution, Akad

TAMSA VIDUJE (NUŽUDYMAI KLAIPĖDOJE 2004–2014 metais)

The article examines the expression and dynamics of the phenomenon of murder in the city of Klaipėda between 2004 and 2014. This period, which began with the accession of Lithuania to the European Union, has a very important context of societal changes, which provided the authors of the article with theoretical and practical access to an analysis of the causality and expression of the phenomenon of murder. The sociological approach reveals a socio-demographic portrait of the victim and the person who committed a murder, in the context of segments of the structural expression of the phenomenon of murder (age, gender, social status). The article presents statistical data from murders registered in the Official Register of Criminal Acts (ORCA). For the analysis of these data, the authors purposefully chose the positivist theories of external restraint and subculture of violence, which have practical access to reveal segments of the structural expression of the phenomenon of murder in a changing society. This presupposes access to the continuity of research on the resolution of the phenomenon of murder in the next decade (2015 to 2023). The research results presented in the article focus on the development of murder prevention strategies for all structural platforms of society, especially in the fields of education, law and social policy.

Exponential stability of the flow for a generalized Burgers equation on a circle

The paper deals with the problem of stability for the flow of the 1D Burgers equation on a circle. Using some ideas from the theory of positivity preserving semigroups, we establish the strong contraction in the \(L^1\) norm. As a consequence, it is proved that the equation with a bounded external force possesses a unique bounded solution on\(R\), which is exponentially stable in\(H^1\) as \(t\to+\infty\). In the case of a random external force, we show that the difference between two trajectories goes to zero with probability\(1\).

Rekontruksi Penggunaan Teori Positivisme Hukum dalam Penegakan Tindak Pidana Korupsi di Indonesia

The freedom of judges in handing down sentences for criminal acts of corruption often creates legal uncertainty. Judges are given the freedom to assess sentences in corruption cases based on punishment theory and happiness theory. Very often the imposition of sentences actually causes injustice because of the leniency given by the judge. Positivism basically comes from a philosophical school that borrows the views, methods and techniques of Natural Science in understanding reality (scientism). So, as a result, legal science is freed from hermeneutics and is required to follow the rules in order to achieve legal certainty. Therefore, this article tries to answer how to reconstruct the use of legal positivism theory in enforcing criminal acts of corruption in Indonesia. This research is a qualitative type of normative juridical research with secondary data from decision No.34/Pid.Sus-Tpk/2021/PN.Jkt.Pst. Based on the research results, it shows that the positivist thinking pattern should be used as a guide for judges as law enforcers in prosecuting criminal acts of corruption, so that criminal acts of corruption in Indonesia no longer receive leniency and provide legal certainty

Inclusive legal positivism: Basic arguments

The relevance of the topic of this paper is due to the insufficient study of the problems of inclusive legal positivism in the modern philosophy of law. The problem of substantiating the thesis of the inclusion of morality in law on the basis of rational argumentation of scientists and legal practice data considered in the paper allows an innovative analysis of basic legal concepts. The subject of the research is to analyze the methods of moral, ethical and legal argumentation in the works of representatives of inclusive legal positivism. The purpose of the work is to theoretically reconstruct the essence of the debate between inclusive and exclusive legal positivism. The novelty of the topic is due to the lack of studies in the educational and scientific literature on the specifics of the argumentation of inclusive legal positivism, set out in the scientific works of Will Waluchow and Kenneth Himma, the need to rethink traditional ideas about the theory of legal positivism. The research methods used in the paper is the methods characteristic of analytical jurisprudence, including those related to the use of methods of logical and linguistic analysis, as well as special legal methods (formal legal method of interpretation of regulatory prescriptions). The main conclusions of the paper are to reveal the key arguments of the concept of inclusive legal positivism. It is proved that from the point of view of this concept, the law has moral grounds, and judges in some cases use moral reasoning when making court decisions.

Русская «христианская социология» о позитивистской теории прогресса

The article examines the views of the representatives of the so-called Russian “Christian sociology” – V.S. Solovyov, S.N. Bulgakov, N.A. Berdyaev, and S.L. Frank – regarding the positivist theory of progress. The rele-vance of such consideration is conditioned, firstly, by the ideological processes taking place in modern Russian society related to the formulation of national ideology, and secondly, by the need to deepen and systematize the ideas about the formation of national sociological knowledge. “Christian Sociology” from the standpoint of social theology proves the methodological, factual, logical and ethical failure of positivist concepts of progres-sive social development and its elements. The inability of positivist sociology and the theory of progress to be a general theory of society and to foresee the future is emphasized. The factual, logical and ethical inconsistency of the proposed ideals and criteria of progress, as well as the contradiction in the substantiation of the subject and boundaries of progress are noted.