Rules Of Positive Law Research Articles

La gestión fiscal como presupuesto sustantivo y procesal de la responsabilidad fiscal

The concept of fiscal management is a presupposition of fiscal responsibility, and only to the extent that there is a conjunction between the conduct deployed by the agent (public or private) based on a constitutional, legal (in a material sense), statutory, regulatory or contractual competence or authorization, as the case may be, to administer or manage public assets, and the element of damage, the competence of the Fiscal Control Body to legitimately and validly promote the fiscal action through the correlative process will arise. Therefore, correctly identifying its content and legal structure is a task of capital importance that concerns, on the one hand, the legitimacy and institutional validity of the actions of the Comptroller’s Office and, on the other hand, the principle of legal certainty, in the sense that this guarantee of certainty and objective foreseeability is projected on the conduct of individuals (as eventual passive subjects of the fiscal action), in terms of equality, good faith, legitimate trust and, of course, under the iusfundamental plexus of due process (principles of legality and natural judge, among others). In this sense, an analysis of the fiscal management will be presented, which will allow us to unravel its configuration as a principle and rule of positive law, and as a transversal concept in fiscal responsibility, and the process itself, as well as its projection in the field of individuals, all by way of an interpretative statement, and in a context of legal reality.

Поняття та елементи судового правозастосування

The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.

Quasi-Regulatory Role of the Legal Opinions of the Supreme Court on the Example of the Case of Compensation for Non-Pecuniary Damage in the Family Dispute

Judgments of the Supreme Court, their legal nature, tasks and importance have repeatedly been the subject of discussions among the legal scholars and the legal practitioners, so this issue will not be the main point of the article.Quasi-regulation as one of the most significant functions of the legal opinions of the Supreme Court will be described in the article on the example of family dispute cases.The legal opinions of the Supreme Court are generally acknowledged as quasi-precedents and the article contains the conclusion that such terminological definition is the most balanced as the Supreme Court caselaw could not be called precedent in the meaning of this definition in Anglo-Saxon law.The research has proved that quasi-precedents can set the quasi-legal regulation.In that context, however, it is important to distinguish that precedents can create legal regulation, while the quasi-precedents can provide the rule of law with additional regulatory content by its wider interpretation.This can be clearly observed when the Court of Cassation interprets in common the general and special legal provisions.It is proved that quasi-regulation, which is provided by the Supreme Court in certain cases, is the result of the several objective processes, including:– convergence of Anglo-Saxon and Romano-Germanic Law;– transformation of the national legal system from authoritarian soviet to democratic;– gradual abandonment from positivistic interpretation of legal provision in favor of rule of law and faire justice (human-centered);– more frequent application of dynamic interpretation of legal provisions.At the same time, it should be emphasized that quasi-regulation is not the prior task of the Supreme Court for the reason that ensuring the uniformity and sustainability of case law remains its basic function. Quasi-regulation is an additional instrument aimed at strengthening the rule of law in Ukraine.In this regard such an instrument is more useful when: (1) rules of positive law do not fulfill this function; (2) there is a need to use the legal regulation for resolving the conflicts of law and filling the gaps in legislation.Quasi-regulation contributes to the development of the doctrine of law and becomes an indicator for the legislator that certain relations need urgent regulation, that public relations have changed, become more complicated and need immediate legislative regulation, and that legislators demonstrate slow response tothe mentioned changes.

Penyelenggaraan Pembangunan NKRI Menuju Negara Maritim Berdasarkan Prinsip Negara Kepulauan

ABSTRACT Indonesia has been deprived of its own true roots as a maritime country. This is the success of the colonial Dutch colonialists who do "devide at empera" in which eventually the nation in the archipelago of this archipelago sees the sea as a separator and inhibitor space.The purpose of this novice lecturer's research is to Know the concept of archipelagic state and maritime state in Indonesia and to prove its implementation in policy and development direction in Indonesia. Is the Government Homeland use in marine activities as a prime mover and a pledge to increase the economy, (2) is supported by a fleet of strong civilian and military, and (3) contribute as much as possible for the prosperity of the people.The research method used in writing this beginner lecturers are socio-juridical legal research methods is often called legal sociological research based school of sociological jurisprudence. Judging from the effectiveness of law or facts that exist in the field which is then compared with the rules of positive law. Field data is used as important information in determining policy and regulatory arrangements and institutions in legal practice for island and coastal communities in Tarakan City, North Kalimantan Province.The results of this study that the Government of the Republic of Indonesia should re-arrange the grand design of a National System oriented to Indonesia as an archipelagic country and the State Archipelago. Keywords: islands, maritime, country, policy, kaltaraABSTRACT Indonesia has been deprived of its own true roots as a maritime country. This is the success of the colonial Dutch colonialists who do "devide at empera" in which eventually the nation in the archipelago of this archipelago sees the sea as a separator and inhibitor space.The purpose of this novice lecturer's research is to Know the concept of archipelagic state and maritime state in Indonesia and to prove its implementation in policy and development direction in Indonesia. Is the Government Homeland use in marine activities as a prime mover and a pledge to increase the economy, (2) is supported by a fleet of strong civilian and military, and (3) contribute as much as possible for the prosperity of the people.The research method used in writing this beginner lecturers are socio-juridical legal research methods is often called legal sociological research based school of sociological jurisprudence. Judging from the effectiveness of law or facts that exist in the field which is then compared with the rules of positive law. Field data is used as important information in determining policy and regulatory arrangements and institutions in legal practice for island and coastal communities in Tarakan City, North Kalimantan Province.The results of this study that the Government of the Republic of Indonesia should re-arrange the grand design of a National System oriented to Indonesia as an archipelagic country and the State Archipelago. Keywords: islands, maritime, country, policy, kaltara

An Afrocentiric Exposition of Social-Economic Rights on One Hand as Well as Civil and Political Rights on the Other Hand

According to Black's Law Dictionary, a right means just, morally correct, consonant with ethical principles or rules of positive law. It is important to note that Human rights are defined by different scholars, that's why we are going to have different definitions in the following: human rights are rights we have simply because we exist as human beings and are not granted by the state but inherent. According to Equality and Humana Rights Commission, human rights are the basic rights and freedoms that belong to every person in the world from birth until death. They apply regardless of where one comes from, what he or she believes or how they choose to live their lives. They are based on shared values like dignity, equality, fairness, respect, and independence. According to Stanford Encyclopedia of philosophy, Human rights are norms that aspire to protect all people everywhere from severe political, legal, and social abuses. Generally, Human Rights are those rights which provide basic standard to humans to live with dignity and maintain status quo in the society. Human Rights can also be defined as the rights we have simply because we exist as Human beings and they are not granted by the state for they are inherent universally regardless of color, religion, language, or ethnic origin as they are fundamental such as right to life, education, work, health and liberty. The concept of Human Rights was evolved in 539 B.C when the city of Babylon was subjugated by the King of Ancient Oersia, Cyprus who stopped slavery and endorsed citizen to follow their necessary religion and outcasts any kind of racial discrimination and these rights are intrinsic in nature and should be provided to all human beings without any discrimination on the basis of religion, caste, color or language. The two world wars led to the foundation of United Nations, which was formed to maintain peace between countries and protect people from any kind of atrocities faced by them thus the UN (United Nations) body of law known as the Universal Declaration of Human Rights which created mandate to the government to provide necessary rights and protect them from their outrages. With the forming of Universal Declaration of Human Rights in 1948 and establishing two important covenant which were the international covenant on civil and political rights and international covenant on economic, Social and cultural Rights which were treated as international law after their enforcement on 1976 they were treated as international law after their enforcement in 1976 they were new face of Human Rights guaranteed by these covenant would be dealt by international laws in any part of the world.

Human Rights in Cyberspace. Searching a New Legal Order in Cybersociety

The subject of this paper is a reflection on the changes in society structure caused by technical and technological progress. As a result of these transformations, the border between real and virtual world is being bleared. The society is becoming the cyber society. The basic searching hypothesis is the statement, according to which, we need to find appropriate rules of positive law, ethical, moral and religious norms, that would be able to create a new social order in cyberspace. The aim in this paper is, to find the answer to the question if human rights can become a basis of a new social order for cyber society. In final conclusion it is shown that human rights can be the warrant of new social order, however, they require a profound content redefining, and the hierarchy of human rights revaluation, taking into consideration not only scientific achievements, but also world view pluralism, common in cyber society.

Мирність як обов’язкова ознака права на свободу зібрань

Метою даною статті є дослідження змісту поняття «мирність», його складових, як обов’язкової ознаки права на свободу мирних зібрань.
 Наукова новизна. У статті окреслено лінгвістичне, юридичне, літературне розуміння поняття «мир», «мирність», що забезпечує всебічне, об’єктивне розуміння даного поняття та якісне використання даних понять у правовій науці. У вітчизняній юридичній науці відсутні наукові дослідження ознак права на свободу мирних зібрань, а саме ключової ознаки – мирності, що породжує прогалину теоретичної науки, яка позначається на практиці застосування норм позитивного права. Як наслідок, проведено теоретико-методологічне дослідження поняття «мирності», що усуває наявну прогалину у праві. Адже для громадянського суспільства та демократичної держави надзвичайно актуальним є підтримання миру та безпеки під час проведення мирних зібрань.
 Висновки. Мирність, як ознака права на свободу мирних зібрань має включати в себе мирну мету, повагу до людини, її честі та гідності, прав, свобод та інтересів, повагу до суспільного устрою, конституційного ладу, дотримання принципів верховенства права і законності, відсутність зброї, військового однострою, відсутність засобів приховування індивідуальності (маски), відсутність закликів до насильства, повалення влади у неконституційний спосіб. Озвучені нами ознаки є ключовими, що впливають на стан законності і правопорядку у суспільстві, а також на забезпечення прав, свобод та інтересів людини і громадянина, як організатора та учасника таких зібрань, так і сторонніх осіб, які не мають жодного відношення до такого зібрання, у тому числі й тих, котрі не розділяють поглядів організаторів та учасників мирних зібрань, які реалізують своє право на мирні зібрання. Мирність, як ознака, гарантує можливість досягнення компромісу шляхом взаємних поступок суб’єктів здійснення права на мирні зібрання та прибічників інших поглядів.

THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE)

Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research). Rechtvinding understanding in Indonesian as legal discovery (translated literally) could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new), to assess the actions (act) so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

Some Reflections about Unity of Law and of Normative Systems

This paper aims to analyse the philosophical premises on which the idea of unity of law (identity of legal system) is based. In the history of legal philosophy this idea found its main arguments in the presumption of totality of legal regulation. Such totality translated the philosophical tenets of holism according to which law is not limited to the positive-law rules and institutes, and transcends to the supreme values priming over the legal instruments human beings and collectives create for regulation of their mutual behavior. This argument implies one of the highest values (that of justice) under which all the social relations can be subsumed and which finally gives the binding force to positive law. The author argues that this line of thought is based on philosophical objectivism and naturalism, and can easily lead to primacy of the social over the individual. To substantiate the idea of systemacity of law, one can turn to the modern debates about logic of social cohesion (Searle) and construct a legal system identity as a purely intellectual hypothesis necessary for thinking about law. In the terms of Foucault’s analysis of power relations, this integrity can be described as a unity of discourse, or as a unity of societal practices, as proposed by Kuhn. This reconstruction of integrity of law can be extended by appealing to the basic ideas of normative philosophy of law (from Hart and Kelsen to Raz and Marmor) and is reconcilable with the conception of normative systems of Bulygin-Alchourron.

ISLAMIC AND POSITIVE LAW PERSPECTIVES OF GRATIFICATION IN INDONESIA

A set of rules about gratification is a novelty within society and perceived to collide with the cultural of giving in the Islamic society in Indonesia. This study is aimed to explore the meaning of gratification from the perspective of positive law in Indonesia, and the boundaries of gratification, which is interdicted by the laws. This study used the normative method which analyzes the positive law in Indonesia regulating the gratification. The result of this study shows that gratification in the positive law and Islamic law perspective has a wide meaning including each tribute for Civil Servant or State Apparatus. According to Indonesia law, gratification could be either positive or negative. Gratification which is allowed by the laws is a gift with a pure tension of the recipient to the Civil Servant or State Apparatus without expecting to achieve anything in return. In contrary, gratification which is not allowed by the laws is a gift for the Civil Servant or State Apparatus because of their position in that employment and the purpose of it is not related to their duty or order. Based on Islamic law perspective, gratification is forbidden by nas al-Qur’an and hadith. Substantially, the rule of positive law in Indonesia which forbids the gratification practices has fit with the aim of Islamic law. In positive law in Indonesia, however, there is still gratification allowed that leads to the fraudulence. Instead, in Islamic law all kinds of gratifications for the State Apparatus and the Civil Servant are forbidden in order to ensure all the ways of fraudulences are closed off.

Régimen jurídico de las edificaciones en situación de asimilación a fuera de ordenación

En este estudio hemos intentado analizar los aspectos más relevantes de la regulación jurídica de la “situación de asimilación a fuera de ordenación”, cuyo origen jurisprudencial desembocó, a través del Reglamento de Disciplina Urbanística de Andalucía (en adelante RDUA), en su reflejo como norma de Derecho positivo. Tradicionalmente, nuestro derecho urbanístico ha padecido una situación patológica de indisciplina urbanística, sobre todo en el ámbito del suelo no urbanizable, provocando profundos daños, en ocasiones irreparables. Esta circunstancia, unida a la especial preocupación del Gobierno andaluz en buscar soluciones útiles a la práctica diaria, según reconoce el propio RDUA en su Exposición de motivos, justifica esta nueva figura jurídica. Así, se profundiza en la regulación jurídica que de la situaciónde asimilación a fuera de ordenación realiza el RDUA a través de su artículo 53, intentando desbrozar los dos posibles supuestos de hecho para declarar AFO, bien por el transcurso del plazo para restablecer la legalidad urbanística, bien por el llamado “cumplimiento por equivalencia”. A renglón seguido, hacemos hincapié en la adaptación que la Ley 7/2002, de Ordenación Urbanística de Andalucía, realiza de esta figura fruto de su modificación por la Ley 2/2012, para concluir con la importante regulación jurídica que del régimen de las edificaciones y asentamientos existentes en suelo no urbanizable en la Comunidad Autónoma de Andalucía realiza el Decreto 2/2012, de 10 de enero, profundizando en la problemática suscitada por las dudas de que existan ciertas categorías de suelo de especial protección en municipios sin planeamiento y en la posibilidad de poder apreciar AFOs en aquellas edificaciones ubicadas en asentamientos urbanísticos.

The Theology of the Blaine Amendments

The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on citizenship, political liberalism, and religious freedom. First, the Article considers what might be called the defense of the provisions. It concludes that even full-throated support for the Rehnquist Court's so-called federalism revival does not require one to regard the Blaine Amendments as courageous efforts by particular communities to provide greater protection to religious freedom, by insisting on a sharper, and more rigid, separation of church and state. In fact, these provisions might better be seen as representing the failures of particular communities fully to appreciate the nature and implications of religious freedom and liberal pluralism. Second, the Article sounds a cautionary note concerning the fact that the Blaine Amendments were in large part the product of widespread concern about the political and cultural effects of Roman Catholicism. While it is true that the Blaine Amendments - like much else in the American experience - were anti-Catholic, they are best understood as reflecting more than mere bigotry. Rather, the Blaine Amendments can usefully be situated in the context of the rich and growing scholarly literature on civic education, and on the challenges posed by religious faith, teachings, and communities to certain conceptions of political liberalism. Although we are at present confronting the Blaine Amendments primarily as constraints imposed by positive law on local policy choices about school funding, these provisions take us to the heart of perennial questions about statecraft, and soulcraft. They represent, among other things, the enactment into law of certain claims about the aims of the prerogatives of the liberal state, the proper scope of religious obligation, and even the nature and end of the human person. Finally, the Article proposes that Blaine Amendments might most profitably be engaged not simply as rules of positive law, but as theological arguments. The point of this observation is not to assert that the Blaine Amendments' religious meaning is a constitutional strike against them, but rather to enrich our conversations about them. After all, if the Blaine Amendments are not merely legal constraints on state legislatures' funding options, but also claims about the content and proper sphere of religious beliefs, obligations, and loyalties, then it would seem perfectly appropriate to raise constructive, yet unapologetic and unbracketed, religious counter-claims about these matters in response.

Journalists' codes and media law in Serbia: Insufficient self-defining

1. Journalists' codes of ethics include rules mainly relating to the same groups of issues concerning the work of journalists, but do vary in contents, systematics and scope. There is no singular self-understanding of the identity of the profession, partly because the contents of the ethical rules of journalism are influenced by other normative and value systems, which vary in different environments. 2. A journalists' code has a number of functions. Among others, its rules help journalists to discuss their actions articulately, within the profession, whilst others use them to assess the work of journalists and their ability to comply with their own norms. Institutional support to codes, e.g. through a press council, authorised to sanction violations of the rules, increases the effectiveness of such rules. 3. Journalists' ethical rules cannot be equated with the general rules of moral nor with the rules of positive law. Some forms of discrepancy between the legal norms and journalists' ethical norms are shown on the example of the 2006Journalists' Code of the Independent Journalists' Association and Journalists' Association: when ethical responsibility exists even without the legal one, and vice versa, when there is a legal responsibility but not an ethical one. Media law should constitute only the ethical minimum - everything else should be left to auto-regulation, to autonomous rules of the journalists' profession. Solid limits of de-judification of journalists' work lie in the responsibility of the state to legally regulate the matter of journalists' work in line with the guarantees of both freedom of the media and other values that may be violated in the course of journalist's work. The extent of legal regulation of journalist's work depends on how developed the deontic rules are and the extent to which they are observed. Advocating for a radical legal de-regulation, particularly by journalists, during the drafting of the Republic of Serbia Public Information Act in 2003 is hence more difficult to understand keeping in mind the lack of simultaneous advocacy for a substantial strengthening of auto-regulation. 4. The rules of journalists' code are not directly legally binding, and when in conflict with statutory rules, they have less force. Despite that, they are undoubtedly important for the law and for a judge. This is particularly true when the court has to apply norms that direct it (as the Serbian media law of 2003 does) to establish whether something is in accordance with the rules of the journalists' profession, in particular concerning the so-called due journalists' attention. This is why deontic rules, provided they are sufficiently specific and are published, not only facilitate the completion of their tasks to journalists, but also help lawyers complete theirs. 5. After the fall of the authoritarian regime in 2000, journalists' codes in Serbia are more developed than before, but still lack a number of rules. This is due to the lack of readiness on the part of the journalists to publicly state, to a more substantial extent, precisely how they understand themselves, and consequently, make a certain image of a journalist self-binding, and do this not only in terms of principle, but more specifically and in more detail. The example of the NUNS (independent journalist's association) and UNS (journalists' association) Code of Ethics of 2006 shows that such, insufficiently developed code is not a satisfactory indicator judges when assessing the work of journalists. Out of some forty rules comprising the Code, some are expressed twice, whilst a considerable number of them are rules that are in fact already in force as legal norms, which are binding on everyone, not only on members of the journalist profession. Even though these rules are not redundant in the Code, barely twenty rules that are stricto sensu ethical rules of the journalist profession do not suffice for auto-regulation to render the heteronomous legal regulation and heteronomous application of the general legal regime to journalist's work superfluous.

ANALISIS PENGGUNAAN METODE PEMBALIKAN BEBAN PEMBUKTIAN DALAM TINDAK PIDANA PENCUCIAN UANG (Money Laundry)

countries with civil law systems such as those in Indonesia, fettered by the dogmatic paradigm led to the application of normative-legal formalities are usually constrained problem. Though many variations of crimes not yet covered by the rule of positive law in this country. Moreover, many legal rules that were tumpan provisions overlap with another rule of law. So it is not uncommon in a world of justice, the judge's decision with regard to the issue raised controversy in the community. If this happens, efforts to conduct groundbreaking law was supposed to be done with the use of methods that are in line with the concept of handling the legal problems that occur. This is important, including in dealing with certain criminal cases, especially criminal pencuciang money using the method of proof process of reversal of the burden of proof (omkering van de bewijslast).

El sentido del positivismo jurídico (II): el positivismo jurídico prescriptivo como un derecho humano

Continúa aquí defendiéndose el iuspositivismo "prescriptivo" o "ético" ya esbozado en la primera parte de este artículo (Doxa, núm 25): entender el iuspositivismo como una teoría normativa (no conceptual ni descriptiva) sobre la forma del Derecho como gobierno de reglas claras y precisas empíricamente aplicables sin recurrir a opiniones morales. Ahora se muestra cómo lo anterior constituye un derecho humano vinculado a la democracia y a la igualdad: los derechos humanos incorporan la idea del imperio de la ley, pero de la ley positiva en ese sentido formal. En consecuencia, la tarea de articular los derechos humanos es de los gobiernos y los parlamentos, no de los tribunales ni de la Constitución, siendo el control judicial sustantivo sobre las leyes algo básicamente antidemocrático. Por último, la disputa conceptual entre el iuspositivismo incluyente y el excluyente debe reformularse como una disputa moral y política sobre qué órgano ha de determinar el contenido de las reglas y sobre si la regla de reconocimiento debe o no contener criterios morales.

The Learned Academy of Islamic Jurisprudence

This century has witnessed enormous developments in relation to the course of Islamic jurisprudence. The appearance of the Majella al-AhEam al-Adliya (Code of Judicial PrincipleslRules), which was issued and came into effect by Ottomani Sultani Decree in 1295 AH (1885 AD) was a turning point in the history of this jurisprudence. The Majella was not merely a recording of the rules of jurisprudence, divided, categorised, and numbered in accordance with the methods of the authoritative legal and judicial sources. It was a turning point from one method to another, a point of transfer from the dominance of the sectarian spirit of the law schools to a new view which saw Islamic jurisprudence as integrative and comprehensive. It is a view which, if it was not clear and undisputed at the beginning of the movement to record legal provisions, certainly became an incontrovertible matter in most circles concerned with the study of jurisprudence in the course of time. Here it is worth my while to debate the notion of jurisprudential (attagnin al-fqhi), which some circles have not yet accepted with the same ease of mind and enthusiasm which is advocated in other Islamic circles. The reason for this originates, as I believe, not in a clash of positions and a difference in extent of Islamic commiunent, but in a difference in the angle from which each party views this subject. Here we may distinguish between the two meanings of jurisprudeniial lawmaking: First: Lawmaking in the sense of adopting (secular) law as a substitute for the Shari'a) or giving preference to certain rules of positive law over Shari'a rules: this meaning is rejected by all parties, and if I mean in this sense, then indeed all efforts should be bent on rejecting it and denouncing all who call for it Second: Lawmaking in the sense of reordering, that is, reformulating the provisions of Islaniic jurisprudence in a way which conforrns to the methods of (secular) legal formulation, which facilitates the process of referring to such provisions as is done in (secular) jurisprudence. I do not believe that this kirid of holds any danger, because the expression lawmaking here signifies reorganisation in accordance with the methods used in secular legal sources) relying on arranging in sequence, numbering, classification and legal formulation and selecting the provision which is in current use in the practice of the law, without enumerating all the other juristic opinions. This