Jurisprudence Theory Research Articles

DISKURSUS PEREMPUAN SEBAGAI KEPALA RUMAH TANGGA (TEORI FEMINIST JURISPRUDENCE)

This study explores the "Discourse of Women as Heads of Households (Feminist Jurisprudence Theory)" with a focus on feminist jurisprudence theory's significant role in the field of legal studies, due to its ideas influencing many debates on sexual and domestic violence, workplace inequality, and gender-based discrimination. Through various approaches, feminists have identified gender components and the gender implications of legal norms and their supposedly neutral implementation, which have historically adversely impacted women in the contexts of employment, divorce, reproductive rights, rape, domestic violence, and sexual harassment. This research is a library research study, employing a qualitative research methodology, where primary data was collected by sourcing relevant books, supplemented by secondary data from articles, papers, news websites, etc. The study identifies gender-biased legal norms that affect women's roles as heads of households, particularly in terms of access to economic resources, family decision-making, and legal protection. Through a critical approach, this study also highlights the challenges faced by female heads of households in maintaining justice within the family, and the urgent need for legal reform to achieve better gender equality. Considering the perspectives from feminist jurisprudence theory, this research emphasizes the importance of changing phallocentric legal paradigms to accommodate the significant contributions of women in managing households and building a gender-inclusive society.

Almohad-Era Jewish Jurisprudence: Moses Maimonides and Joseph Ibn ʿAqnīn

Abstract Sarah Stroumsa’s 2009 Maimonides in his World spurred much reconsideration of Almohad influence on medieval Jewish thought. Many now accept that Almohad ideology was at least one crucible in which Moses Maimonides’s thought was forged. This paper broadens exploration of Almohad influences to include Maimonides’s understudied contemporary Joseph ben Judah Ibn ʿAqnīn. It focuses on the jurisprudential theories propounded by these two thinkers in order to evaluate the extent to which their views can be considered distinctively Almohad. Assessment of medieval Jewish legal theory in light of earlier Andalusian and developing Almohad thought allows for a fine-grained level of analysis, pinpointing when Jews endorsed Almohad ideas and when they ratified claims of other schools of Islamic law. In the end, at least on questions of jurisprudence, Maimonides and Ibn ʿAqnīn must be understood within several overlapping and mutually reinforcing traditions, namely, Andalusian Rabbanism, reformed Mālikism, and early Almohadism.

Food Sovereignty Towards Rice Sustainability

Malaysia should adhere to the WTO’s policy on agrifood trade liberalization. Agrifood regulations are designed to ensure the protection of farmers and achieve food sovereignty. This research investigates and plots the evolution of agrifood laws that promote food sovereignty and trade liberalization towards rice sustainability. The qualitative study is based on the application of social jurisprudence theory and secondary data. The structure list in the current legislation is mapped to the regulations and standard operations applied in the matrix table. Malaysia’s agrifood regulations are found to reinforce the WTO policy of liberalizing trade for agriculture, which undermines food sovereignty and provides inadequate protection for farmers. The interdependence of supporting sustainable agriculture and empowering small farmers is recognized by SDG2, which aims to address hunger, food security, nutrition, and climate change. The government should provide policies that improve the management of the food system to achieve food sovereignty. A review of the Control of Padi and Rice Act 1994 is necessary for creating new provisions on ‘seed’, which includes a provision on food sovereignty for individuals working in the rice industry. The development of people in agrifood to support their global market can be explained in another provision.

The Theory of Quantity in Measures and Scales a Comparative Jurisprudential Study

Every body has a size and mass that distinguishes it from others and makes it different from others. Some of these bodies are huge and large in size, and some are small and light in weight. Among these masses and bodies are some that are dealt with by their size and weight, each according to its quantity, weight, and cheapness. This is why they created quantities by which these weights and quantities could be estimated, so they used measures and weights for that. Objectives: The research aims to know some measures and weights, such as the wife’s maintenance, the amount of zakat, etc.I found it to be a widely spread topic, and widely used in the folds of jurisprudence. During my reading of jurisprudence books, I found jurists using many quantities, of multiple types, and different forms, according to the type of each quantity. methodology: I begin by mentioning the title and the definition in its language and terminology, and the basis of the issue from a verse or hadith, then I arrange the opinions, starting with the first, then the next, then the next, and I make the statement that seems to me closest to the truth - according to what I have arrived at - in the last. I have attributed the Qur’anic verses to their surahs, and the noble hadiths to their original sources as much as I can. If I do not find it, I indicate the place from which I took it. Results: Conclusion: Jurisprudential theories are a new method of writing, and a new method of classification, created by contemporary scholars. They composed several theories, with multiple topics, according to each theory and its details. The theory of magnitude is a theory that includes the origins of the particulars of quantities, in its spread within the various sections of jurisprudence.

Analysis of Public Service Theory in Jurisprudence of Iranian Supreme Administrative Justice Court

Analysis of Public Service Theory in Jurisprudence of Iranian Supreme Administrative Justice Court

Research On Compliance Risk Identification and Prevention Mechanism of Enterprises in The ESG Field

With the continuous progress of the global society and the enhancement of the awareness of corporate responsibility, environmental, social and governance (ESG) issues have become the core considerations for the sustainable development of enterprises. This paper provides an in-depth study of corporate compliance risks in ESG from a legal perspective. By integrating the theories of jurisprudence, management and risk management, it systematically analyses the legal framework, regulatory trends and relevant standards of ESG compliance, and explores the challenges and opportunities for corporations in this area. This paper not only expands the research field of corporate legal management, but also provides jurisprudence support for the sustainable development of enterprises, and calls on enterprises to establish a comprehensive risk awareness in ESG compliance, actively respond to challenges, and contribute to global social responsibility.

Human to machine innovation: Does legal personhood and inventorship threshold offer any leeway?

AbstractArtificial Intelligence (AI) continues to be a powerful tool in the research and development ecosystem. AI computers are invented to assist human invention and also created to invent. Where an AI is created to invent, through self‐learning, they can interact with set of data presumably created by humans and as a result, a new patentable invention(s) can emerge. However, where the AI inventors and the resulting inventions sit within the inventorship legal framework, and the theory of legal personhood continues to raise legal and policy questions that challenge some underlying or presumed settled intellectual property law assumptions. One of the contentions has been the implications of the AI machine's autonomous inventions on the legislative and judicially established threshold for patent inventorship and the jurisprudential theory of legal personhood. The judicial decisions in the United States of America (USA), United Kingdom (UK), and Australia in the Device for the Autonomous Bootstrapping of Unified Sentience (DABUS) patent applications have given judicial certainty on whether AI machine inventors qualify as inventors. However, they also reawakened the debate about the need to sustain patent incentives for AI innovations. This article draws from the inventorship threshold in the UK and US following the court decisions in the DABUS cases. The judicial decisions of courts and the administrative judgements of national Intellectual Property Offices (IPOs) relating to inventorship as well as the theory of legal personhood, reveal that an AI machine invention can be patent eligible. However, the machine does not satisfy the inventorship criteria and consequently is incapable of being named an inventor. On the other hand, the inventorship requirement of contemporaneous conception and reduction to practice meant that an AI owner/programmer may not satisfy the requirement of inventorship, even though he/she programmed the inventing machine. These decisions and judgements favour an implied situation where autonomous AI inventions could be without named inventors and owners. Consequently, those inventions will automatically form part of prior arts thereby rendering myriads of future human and AI inventions obvious or already existing in the public domain. In contributing to the discourse, this article advances the argument that to optimise the patent system, national IPOs and the courts can rely on ‘simultaneous conception and reduction to practice’ to recognise the programmer/owner or other relevant stakeholders in AI innovation as the inventor of AI autonomous inventions.

A Judges' Role in Pursuing Justice: Oliver Wendell Holmes' Sociological Jurisprudence Perspective

Judges, deemed God's agents for law enforcement globally, are the focus of this study, which analyzes their pivotal role in establishing justice within society. This examination adopts Oliver Wendell Holmes' Sociological Jurisprudence theory, advocating the perception of law as a mirror reflecting societal values and norms. Holmes emphasizes that judges must comprehend the social and economic context to apply the law effectively. Their interpretation should align with societal objectives, ensuring legal decisions resonate with contemporary societal realities. Judges must possess the acumen to adapt to societal shifts and discern the social implications of their rulings. This research delves into how Holmes' ideologies influence law enforcement, human rights protection, and the prevention of legal transgressions. Additionally, it traces Holmes' theories in the context of the Indonesian Judicial Power Act. Employing a juridical normative approach with a philosophical foundation, this study demonstrates the vital role of judges in upholding societal values of justice, corroborating Holmes' Sociological Jurisprudence theory. By considering the societal context, judges contribute to the development of a legal system that is equitable and responsive to societal transformations. This investigation also validates Holmes' theories' integration within the Indonesian Judicial Power Act.

Exploring the influence of ideological and political education on the formation of legal theory by combining set-pair game models

Abstract This paper first discusses the system and specific tasks of the theory of jurisprudence and analyzes the integration and development of ideological and political education with the theory of jurisprudence. Secondly, it constructed the evaluation indexes of the formation quality of jurisprudence theory, determined the subjective weights of the indexes by using the method of sequential relationship analysis, determined the objective weights by the entropy value method, and made the combination of weights by the game theory. Using the set-pair method, I analyzed the optimization indicators and constructed a set-pair analysis model based on game theory. Finally, an evaluation analysis was conducted to verify the validity of the model and the influence of ideological and political education on the formation of legal theory. The results show that based on ideological and political theory can effectively improve the quality of jurisprudential theory formation, which makes the formation of jurisprudential theory more in line with the reality of social development and can further solve social development problems. The index of jurisprudence ideology has a comprehensive linkage degree of 0.839, and the evaluation grade is excellent. The expansion of jurisprudential thought can be promoted by ideological and political education, which in turn positively impacts the formation of jurisprudential theory.

The Role of Sanatan Dharma in Indian Jurisprudence

Abstract: The article to aims to be written in the introductory approach and it intends the end of brief surveys of the Indian Jurisprudential theory. It seeks an oriental call form the development of the Hindu legal institution an examine the school of Natural Jurisprudence in comparison to the natural law. The article specifically focuses on the analysis of ancient Hindu thought to the common school of Jurisprudential issue the once which deal with the administration of the state ; the law and the rule of law and the Punishment and the Procedure

An Applied Study on Contemporary Jurisprudential Issues: The Difference Between Abuse in Exercising Rights and the Roles of Stratagem and Closing the Means

Objective: This study aims to present the Sharīʿa's perspective on the abuse of rights and to identify the relationship between abuse, stratagem, and closing the means. The study also explores the transition from theories to their practical applications. Methodology: The study adopts a descriptive approach by defining the concepts of abuse of rights, stratagem, closing the means, and presenting their legal perspectives and classifications. Additionally, a comparative methodology is utilised to determine the points of agreement and differentiation among the three dimensions of the study. Results: Jurisprudential theories in Islamic legislation have impacted attaining its intended objectives and addressed many emerging issues and challenges in contemporary society. The theory of abuse of rights applies in Islamic jurisprudence to rights, permissions, and public freedoms without exception. The opponents of stratagem discussed its purpose and effect on achieving objectives, demonstrating its contradiction or nullification of interests. They highlighted that the impact of stratagem is not limited to the legal subject but extends to the core of religious rulings and the misuse of legitimate causes, which is a mockery of the wisdom of the Sharīʿa. Moreover, abuse in exercising rights must be intentional by the perpetrator. Originality: The scientific value of this study derives from its clarification of the role of the state (ruler) in enacting laws, legislation, and regulations that protect lives and ensure the stability, security and overall peace desired by humankind.

كلمة العدد (الإنجليزي)

كلمة العدد (الإنجليزي)

The Politics of Legal Theory Revisisted

Most legal positivists today hold that legal positivism is a morally neutral and purely descriptive account of the nature of law. This article considers this claim by examining Brian Leiter’s intriguing claim to the contrary. While I welcome examining the political presuppositions of jurisprudential theories, I show that the association of legal positivism with radicalism is not true. Examining the works of prominent legal positivists, I show that there is no basis for thinking of any of them as a political radical. I also show that many legal positivists were politically conservative. Beyond the historical question, I also argue that there is no basis for the claim that legal positivism is necessary for radical political action. On the contrary, I show that many radical political movements aligned with natural law theory and offer a possible explanation for this phenomenon. The latter point serves as the basis for an alternative way of explaining the political component of legal theory. I propose that we stop thinking of competing theories of law as descriptive or conceptual claims about the nature of law and think of them instead of grounded in different political ideas of legitimate authority.

The Legal Position of the Interim Director of Company

The theory of the interim manager of joint stock companies is a jurisprudential theory reached by the judiciary, to find a solution to the crises or obstacles that threaten the continued survival of the company due to the inability of those in charge of its management to solve this crisis or the absence of management, and to maintain the continuity of the company's survival, the urgent judiciary when it is resorted to appoint a person who manages the company temporarily and preserve its assets and achieve the purpose for which it was established, therefore, this person must be experienced and specialized in the management of this company due to the different activities of the companies.

The benefits and dangers of using machine learning to support making legal predictions

AbstractRule‐based systems have been used in the legal domain since the 1970s. Save for rare exceptions, machine learning has only recently been used. But why this delay? We investigate the appropriate use of machine learning to support and make legal predictions. To do so, we need to examine the appropriate use of data in global legal domains—including in common law, civil law, and hybrid jurisdictions. The use of various forms of Artificial Intelligence, including rule‐based reasoning, case‐based reasoning and machine learning in law requires an understanding of jurisprudential theories. We will see that the use of machine learning is particularly appropriate for non‐professionals: in particular self‐represented litigants or those relying upon legal aid services. The primary use of machine learning to support decision‐making in legal domains has been in criminal detection, financial domains, and sentencing. The use in these areas has led to concerns that the inappropriate use of Artificial Intelligence leads to biased decision making. This requires us to examine concerns about governance and ethics. Ethical concerns can be minimized by providing enhanced explanation, choosing appropriate data to be used, appropriately cleaning that data, and having human reviews of any decisions.This article is categorized under: Commercial, Legal, and Ethical Issues > Legal Issues Commercial, Legal, and Ethical Issues > Fairness in Data Mining

Theory, emergency conditions, pandemic, change of rulings, corona. The Theory of Emergency Conditions and its Impact on Sharia Rulings: COVID 19 Pandemic as a Model

This research deals with a jurisprudential theory deduced from the rules of Islamic law that has a profound effect upon treating embarrassment and facilitating people in matters of their worship affairs. Though the linguistic formulation of the rule does not exist in the books of jurisprudence, it has been recognizably and particularly applied in the blogs of Hanafi and Maliki jurists. As far as the disruption of a global epidemic, namely Covid 19 affects people's lives, the following study examines its relevance to the above mentioned theory and its linkage to its overwhelming effects.

Activity Approach in Jurisprudence: Application Boundaries and Principles

The importance of involving new methodological instruments in legal science (in terms of abandoning the prevalence of legal normativism and the proclamation of ideological pluralism) has stipulated the urgency of the research. The aim of the study is to focus the scholars’ attention on the importance of involving into jurisprudence the activity-based theory as a means of interpreting legal phenomena and processes and determining the boundaries and principles of its application. It is noted that quite often domestic scientists while conducting research draw attention to the use of the activity based approach, although they do not reveal its epistemological potential in detail. The connection of the boundaries of the use of the methodological approach in general and the activity based approach, in particular, with the issue of principles of the appropriate approach application (because the principles determine the possible ways of the fundamental provisions of a particular theory use, and its limits) is emphasized. Propaedeutic provisions on the limits and principles of the activity based approach are the issues of distinguishing between scientific and non-scientific knowledge. Karl Popper’s concept of forming a system of new knowledge in terms of requirements for new scientific theory is elucidated. It is pointed out that the activity based theory as an epistemological component of legal science also has its cognitive boundaries: it cannot be used to explain absolutely all phenomena and processes in the field of law. The factors of the activity based theory application limits are binary: on the one hand – it is the very nature of scientific knowledge determining the object of epistemology; on the other hand, it is the nature of the activity itself that limits the effectiveness of the use of the provisions of activity based theory to dynamic phenomena and processes in the field of law. The importance of two principles of the activity based theory application (except for the general scientific principles of objectivity; comprehensiveness and completeness): the principle of the subject and the situational and action principle is emphasized. The first of them is related to the fact that a person with inherent dignity and rights is the main subject of law in a civilized society. The principle of the subject directs to the interpretation of the content of the subject-subject interaction, to the essential characteristics of the subject, and etc. The second principle determines the need to consider the conditions for the implementation of legal provisions, specific life circumstances, subjective elements of the person’s activity. It is concluded that the scientific justification for the involvement of the activity based theory in jurisprudence involves clarifying the possibility of separating scientific knowledge resulting from the use of this theory from non- scientific and determining the boundaries and principles of applying the provisions and conclusions of the theory to interpret legal phenomena and processes. In this case, the theory of activity itself can be a test theory (by Karl Popper’s terminology) or a critique of the test theory (bearing in mind the communicative theory of law). Key words: scientific theory, methodology, jurisprudence, subject principle, theory of activity.

재건축사업에서 조합원에 대한 공급의 재화공급 해당성에 관한 연구

After completion of the reconstruction of a residential condominium (hereafter referred to as “Apartment or Real Estate”)(Usually, condominiums are called apartments in Korea) the association members’ apartments will be constructed together with the apartments to be sold to the general public upon approval of construction permit from the local government.
 After completion of construction, each member of an association will proceed to register under his or her own name at the government registry office and general public sales units will be registered under the name of the association of reconstruction.
 For construction permit aspect, the association of reconstruction(hereafter referred to as “association”) builds the apartments and provides to the member of reconstruction association(hereafter referred to as “member”), but another of view i.e. association members, this can be construed as a transfer of existing apartment (old house) to the association and receive a new house(an exchange of an old house for a newly built house) For preservation registration aspect, the association provides its name to use when they build apartments for the members of the association. But from the viewpoint of association members, they built their own apartments by themselves.
 At the real estate reconstruction(Reconstruction members’ portion+general public sales portion), ① acquisition tax, value added tax and capital gain tax will be imposed as if members built their own apartment.
 From the viewpoint of preservative registration of real estate, the obligator of acquisition tax is the association member, accordingly, value-added-tax is not imposed on the association member. Also this real estate is not considered a transfer of ownership. Accordingly there is no capital gain tax because the newly built apartment considered the same as existing apartment.
 ② An association tax will be imposed as if the member of reconstruction invests investment-in-kind by the existing real estate and buys a newly constructed apartment from the association(exchanging the existing old apartment and receiving newly built apartment). Accordingly the association will appraise the real estate property based on investment-in-kind and determine the value of land when the association sells a newly built apartment.(An association shall be taxed as a corporation entity) This existing real estate appraisal value is very important because the association tax (corporate tax) and dividend tax to the member of association will be determined by this appraisal value as tax basis for the gain on sale on the general public sale portion of real estate.
 This kind of two different aspect generate a few issues of taxation on acquisition tax, value added tax, and capital gain tax etc.
 This thesis presents a view of dual status position right on the association.
 The association is the original acquirer of the apartments sold to the general public but the original acquirer is the association member for the member portion of real estate, and the role of association is permitting to use the association’s name to build the new apartment.
 Given the dual status position right, the association can claim both positions: first as the supplier to the general public sale of newly constructed apart- ments, and second as the joint purchaser of real estate for the association members.
 This thesis reviews issues and dual status position right in connection with reconstruction projects under the current tax law and suggests an amendment for the Restriction of Special Taxation Act, Corporate Tax Act, and Value-added-Tax Act.
 If tax laws apply the following dual status position thesis, the grounded jurisprudence theory of acquisition tax, value-added tax and capital gain tax (original acquisition value of apartment for the member portion) will apply to the association tax. That means the theory of tax law will be consistent with the theory of that the member built

Czy jest tutaj jakaś moralność? Ekonomiczne podejście Richarda Posnera do zachowań sędziowskich

Richard A. Posner in American jurisprudence is known mainly for his research on the economic analysis of law. Its purpose is to force the view that morality is not the most important value in law – this value is the maximization of goods. Posner believes that the relationship between morality and law begins and ends with lectures on law. The texts, judgments, and above all class discussions shape the morality of lawyers. And that’s it. Law enforcement lawyers who issue opinions and decisions always pursue only one goal. This goal is to maximize goods. These goods vary, but they all stem from the economic understanding of maximizing happiness. The creator of the economic theory of goods maximization in the process of human decision-making is Gary S. Becker. From his views and works, Posner derives the conceptual framework, methodology, and assumptions of the economics of law. Becker’s views are based in part on Jeremy Bentham’s utilitarianism. Linking these concepts to the law means Posner will have a different vision of man and his nature than most American thinkers. These studies are part of Posner’s thought and concern of judge behavior. The purpose of this article is to present Posner’s economic approach to judicial behavior as part of the currently thriving behavioral jurisprudence theory in American jurisprudence.

Implications of Correspondence Inference Attribution Theory & Behavioral Jurisprudence Theory: Judge's Conciderations on Conscience

Introduction: This article analyzes the implications of the attribution correspondence inference theory and whether the urge of conscience as affect in the Defendant is the reason for the abolition of the sentence? also behavioral jurisprudence theory on judges' considerations, where it's often a discourse in Indonesia. It is necessary to explore the human values contained in Defendant.Purposes of the Research: The objectives of the research are: First, to provide an analysis of how the theory of attribution correspondence inference to the judge's considerations in determining the circumstances that form the basis of sentencing and knowing whether the urge of conscience as affect in the Defendant is the reason for the abolition of the crime? Second, providing an analysis related to the urgency of behavioral jurisprudence theory in creating fair decisions based on the conscience of the judge.Methods of the Research: The normative legal research method uses a statutory approach, a conceptual approach, and comparisons with different legal system which are based on library research in collecting research legal materials.Results of the Research: The results are: First, the attribution correspondence inference theory can be used as consideration for judges’ considerations in determining to mitigate and aggravating circumstances in Indonesia and with a study of criminal law and the theory that the urge of conscience as affect the defendant can be used as a consideration of mitigating circumstances for the defendant, as well as conditional punishment. Second, the behavioral jurisprudence theory approach has urgency in understanding the behavior of a person doing an act or the judge in making a fair decision.