Anis Mashdurohatun, Eid Abed Alhaleem, Maslat Harahsheh
et al.
This study offers a contemporary reassessment of punishment in Islamic Sharia and secular legal systems by comparatively examining their classifications, objectives, and underlying penal philosophies. While both frameworks seek to deter crime, uphold justice, and preserve social order, they diverge significantly in epistemological foundations, moral orientation, and modes of legal authority. Employing a qualitative comparative legal approach, this research integrates classical Islamic jurisprudence with contemporary statutory regulations and judicial practices. The analysis moves beyond doctrinal exposition to address current challenges in crime prevention, legal objectivity, proportionality, and the role of state authority in administering punishment. Particular attention is given to the ethical coherence and legitimacy of each system in responding to modern social complexities. The findings reveal that Islamic Sharia—especially through its taʿzīr framework—offers a principled yet flexible penal paradigm that balances deterrence, moral reform, and restorative considerations. Its emphasis on proportionality, judicial discretion, and ethical responsibility reflects a holistic vision of justice consistent with the objectives of the Maqāṣid al-Sharia. Conversely, contemporary secular legal systems increasingly prioritize rehabilitation and utilitarian efficiency but often encounter structural challenges, including sentencing disparities, systemic bias, and susceptibility to political or socioeconomic interests. This study contributes academically by enriching comparative penal theory through an integrative ethical analysis of Sharia and secular models. It demonstrates that Sharia’s justice-oriented framework provides valuable normative insights for contemporary penal reform, particularly in enhancing fairness, accountability, and moral balance within modern criminal justice systems.
The revival of the concept of natural law became possible at the end of the 19th and the beginning of the 20th century. A significant role in this was played by the periodical press, on the pages of which well-known experts in the field of Russian jurisprudence were published. One such platform was the scientific journal “Issues of Philosophy and Psychology”. The aim of the research is to show how the journal’s activities contributed to the development of the concept of natural law, and what key ideas its pages contained. It is established that the publications of P.I. Novgorodtsev, E.N. Trubetskoy, S.A. Kotlyarevsky, and B.A. Kistiakovsky addressed pressing issues of morality, knowledge, the social ideal, the press, the rule of law and the socialist state, the philosophy of suffrage, capital punishment and state interests, war and peace. It is concluded that during the period of Russian democratization and the crisis of legal theories, the scientific journal contributed to conveying to the reading public the much-needed moral and just principles associated with the realization of human rights and freedoms, which were to be considered the highest value for the state.
Philosophy of science offers as yet untapped potential to inform legal theory. This paper explores some of it. Drawing on and adapting logical tools from the semantic and structuralist views of scientific theories, I propose a formal framework for analysing legal norms. I illustrate how it works by applying it to a simple yet realistic tort case pursuant to Swiss law. The formalism allows reconstructing the subsumption of a case under a norm as isomorphic embedding. Legal norms and connections between them are captured using functions. The reconstruction helps clarify some questions about interpreting and applying legal rules, their interactions in legal systems, the phenomenon of normativity, what a court should say to justify its verdicts, and connects to contemporary metaethics since the resulting formalism suggests a feasible method to write out the Ramsey-sentence which Jackson-style moral functionalism promises. By representing legal doctrine using meta-theoretical methods apt to represent scientific theories, the study also contributes to locating jurisprudence in the universe of rational enquiry as at least in some ways on a par with science.
El presente artículo aborda el problema de la regla de exclusión probatoria cuando se aplica al caso de la prueba tributaria. Enfatiza en que, dado que las Administraciones Tributarias desarrollan procedimientos de obtención de prueba para los que gozan de prerrogativas especiales que no tienen los particulares, se impone distinguir entre la causalidad y la normatividad de la prueba. Basándome en los conceptos de reglas constitutivas e institucionales y en la distinción entre acción y descripción de la acción, concluyo en que un mismo hecho probatorio puede ser una prueba lícita o ilícita según el marco institucional en el que se inserta y que es necesario distinguir conexión causal de conexión normativa (entendida esta última como algo diferente a la conexión de antijuridicidad que construyó la dogmática y la jurisprudencia).
The interpretation of the law is an essential element of law enforcement by the state authorities and other competent authorities. It is primarily aimed at ensuring the rule of law and the rule of law in society. Law enforcement is a multilevel complex system, whose peculiar characteristic is the presence of a spatial-temporal hierarchy. The theoretical and legal study of the theory and practice of law enforcement at specific stages of historical development is a crucial direction and an urgent task of legal science because of the special role of space and time in jurisprudence, namely, violation of the principle of their homogeneity in empirical and analytical sciences. In the historical and hermeneutic sciences, the cognition of social, including legal, phenomena and texts is achieved by understanding and explaining the meaning using the methods and rules of hermeneutics. The critical analysis of theories and concepts is carried out by interpreting texts, which is paramount in the practical implementation of law. More specifically, the interpretation of law is a complex cognitive process based on the conceptual and categorical apparatus of philosophy and law, covering broad legal reality. Its central task is to clarify the cause-and-effect, spatial-temporal, political-economic, and socio-conditioned connections related to the existence of a person in the state. Subsequently, the paramount is the establishment of the meaning, content, and purpose of the normative legal act
"This article examines the principles and tenets of natural law theory in modern jurisprudence, focusing on its relationship to constitutional interpretation and legal reasoning. In particular, natural law theory grounds law in the universal and immutable principles of justice inherent in natural orders and provides an ethical basis for assessing the legitimacy of legal norms and institutions. This article explores the philosophical foundations of natural law theory and its implications for governance, justice, and human rights, drawing on the work of historical and contemporary natural law theorists Aristotle, Thomas Aquinas, and John Finnis. In particular, how natural law principles influence constitutionalism, the rule of law, and the relationship between law and morality has been explored, the relevant literature has been reviewed, and the ongoing conflicts between natural law theory and legal positivism have been identified. discussed in theoretical debates. discussed. Different views on the nature of natural law, its sources, and its relationship to morality are also highlighted. Based on the idea that certain moral principles are inherent in nature and human reason, natural law has passed through the stages of philosophy, law, and ethics over the centuries. The analysis of the complexities of natural law helps to understand the essence of the eternal concept that unites the fulcrums of human civilization. "
The article demonstrates the cognitive value of the postclassical legal theories underlying the phenomenological and hermeneutic methodology of postmodern philosophy. The ways of overcoming the relativism of postmodernism, which raises the right to the top of the pyramid, based on the foundations of Russian society, forming the context of meaning-making carried out during the constitutionalization of criminal proceedings, are outlined. The article reveals the value component of the methodology of conflict resolution used by the Constitutional Court of the Russian Federation, based on the postclassical jurisprudence. The author argues that it is impossible to resolve these conflicts through traditional legal and dogmatic methods of law enforcement used by ordinary courts. Constitutionalization is presented as a process for the transformation of natural law into a positive law, carried out in two stages: at the first, a certain right is elevated to the rank of a constitutional norm; at the second, this right is deployed in sectoral legislation. It is concluded that the constitutionalization carried out by the Constitutional Court of the Russian Federation is nothing more than a way of resolving normative conflicts, during which the Constitutional Court of the Russian Federation interprets both the provisions of the Constitution of the Russian Federation and the norms of laws, bringing them into a state of mutual non-contradiction.
The article discusses the history of the development of the idea of the rule of law, its relevance for jurisprudence, and its current state. The purpose of the article is to analyze the prospects for the theory of the rule of law in modern society, as well as the main problems contributing to its crisis state. The author used the following methods: philosophical dialectics; general scientific methods: analysis and synthesis, abstraction, analogy; general scientific research approaches (historical, systemic); private scientific methods of cognition (formal legal, comparative legal). The article examines three main problems, the solution of which determines the success of overcoming the crisis of the named idea and the success of building a legal theory. Firstly, the problem of the lack of necessary jurisprudence of the concept of the rule of law, the confusion of legal and political characteristics in the study of the state, the implementation of old features, principles that often appeared and were developed in the era of absolutism. Secondly, the dominant philosophical direction of thought that replaced postmodernity is meta modernity, within which there is no room left for the construction of scientific theories, as well as the continuing influence of postmodernist philosophy. Thirdly, the state of the scientific community in general and the legal community in particular, which consists of a passion for the reproduction of knowledge, loss of professional potential and the ability to resist political elites to protect science, high ideals and values. The author proposed, firstly, the establishment of dividing lines between concepts, ideas and teachings obtained in different research scientific fields; secondly, a critical attitude towards modern philosophical trends of thought from the point of view of their correlation with legal concepts and constructions, the methodology of legal science; thirdly, awareness of the responsibility of the legal community for the crisis phenomena of modern society.
In the article, the author substantiates the continuity of the legal ideas of utilitarianism in relation to criminal punishment, which led to the formation of a holistic doctrine. Beccaria’s “On Crimes and Punishments” (1764) been considered a theorist of criminal law and criminology, who proceeded from the principle of utility. At the same time, traditionally in jurisprudence, including in the field of criminal law, the principle of utility begins to be applied only in connection with the publication of the work of Bentham’s Introduction to the Foundations of the Morality of Legislation in 1789. How did Beccaria’s treatise influence the formation of Bentham’s utilitarian view of the criminal liability? What did Bentham borrow from Beccaria? Was Bentham’s utilitarianism original? As a result, the theoretical foundations for a transparent, consistent and egalitarian justice system were created, in which punishment should be proportionate to the crime, applied promptly and in a way that is understandable to all. As a result, Beccaria’s On Crimes and Punishments had a significant impact, first on the philosophy of Bentham, and then on the reform of criminal law in the Western Europe.
: Morality represents the conceptual and normative framework that individuals develop regarding ethical distinctions and virtuous conduct within the realm of societal production and existence. Law, on the other hand, constitutes the social standard established by the state and enforced through coercive measures. The pursuit of modernizing the national governance system and its capacity necessitates a convergence of moral governance and the rule of law, wherein the amalgamation of intrinsic moral principles and extrinsic legal regulations becomes imperative. Moral education and rule of law education are intrinsically intertwined, mutually reinforcing each other not only in terms of educational objectives and outcomes but also in their underlying value systems. The divergence between the two primarily manifests in the realms of educational content and pedagogical approaches. As a specialized discipline aimed at cultivating moral and legal consciousness among students, the course titled “Morality and the Rule of Law” should, in the context of educational practice, be rooted in the philosophy of “reconnecting with students’ lived experiences”. Teaching should be organized by drawing upon students’ personal encounters and essential life lessons. Students should be encouraged to develop a comprehensive understanding of this interdisciplinary course, actively engaging with various facets of national politics, economics, society, and jurisprudence. The cultivation of a profound belief in the legal system and the nurturing of a heightened awareness of regulatory frameworks ought to be central to the pedagogy, ensuring that moral and legal education becomes an integral part of students’ daily lives. This approach will instill a sense of reverence and trust in the legal apparatus, thereby fostering a voluntary commitment to upholding the principles of law.
Mostafa Momeni, Mohammad Javad Akhgari, Mehdi Bayat Mokhtari
One of the viewpoints about bodily resurrection is Ghazali's theory, which believes in the alike of the otherworldly body and the worldly body. On the other hand, Mulla Sadra explained the physical resurrection according to the principles of his philosophical system and concluded that the soul and the body will be the same. Mulla Sadra criticizes Ghazali's theory; He considers the most important criticism of Ghazali's theory to be that it is not compatible with rational principles and that his opinion requires reincarnation. In this article, we have examined Mulla Sadra's criticisms of Ghazali on the issue of physical resurrection, and following that, we have stated the similarities and differences between the theories of these two thinkers. The similarities and differences between these two theories can be found through the method of intellectual analysis and through the analysis of Mulla Sadra's discussion on Ghazali. Similarities can be seen between the theory of these two thinkers regarding the survival of the soul after death and the intellectual celibacy of the soul, although these two theories are distinct and different from each other in their approach to the nature of the human soul and the relationship between the soul and the body. Therefore, in the quality of the afterlife body, they interpreted it as the similarity or objectivity of the afterlife body with the worldly body, but this difference is in the interpretation, and in fact, the meaning of these two thinkers is the same thing, and that is that the identity between the person in the afterlife and the world is established.
Philosophy. Psychology. Religion, Jurisprudence. Philosophy and theory of law
El trabajo analiza la película Baby Boom (Charles Shyer, 1987) desde la perspectiva de los ideales feministas se esfuerza por transmitir: (i) la crítica de un estilo de vida individualista, competitivo y androcéntrico que ignora e invisibiliza las necesidades de cuidado de los más vulnerables que toda sociedad comporta y por ello mismo no contribuye a la igualdad real de mujeres y varones; y (ii) la propuesta de un modelo de equilibrio y complementariedad entre lo productivo y lo reproductivo.
The article analyzes the philosophical and legal ideas and ideas of the famous scientist, thinker, jurist of the last quarter of the XX - beginning of the XXI century, Academician of the Russian Academy of Sciences V.S. Nersesyants. The ideas of ancient philosophers and representatives of the German transcendental-idealistic philosophy had a great influence on the formation and evolution of his legal views, the concept of jurisprudence formulated by him. In this regard, the comparison of his legal views with the ideas of Hegel’s Philosophy of Law, taking into account both dissertations of V.S. Nersesyants, is quite traditional for connoisseurs of the concept of jurisprudence of our contemporary. However, as the experience of a more detailed and in-depth analysis shows, interesting points of similarity of his legal ideas and the nature of their justification are also connected with other representatives of the German intellectual and philosophical culture of discussing the main problems of law and jurisprudence. Understanding the nature of successive and new aspects in the system of legal views of V.S. Nersesyants can serve as a basis for the development of his legal views in modern topical and prospective studies. The article offers some significant clarifications of the content and nature of the philosophical and legal heritage of V.S. Nersesyants, traces the connections of his concept of jurisprudence with the ideas of not only Hegelian philosophy, but also the teachings of other legal philosophers, as well as the later ideas of the neo-Kantian lawyer R. Stammler, the interpretation of law in the “Pure Doctrine of Law” of the Kantian G. Memel, and not only G. Kelsen, which allows us to present the theory of law of V.S. Nersesyants as an original version of this doctrine. The study also demonstrates that the concept of justice in the Philosophy of Law of V.S. Nersesyants has remained one of the unexplained, and promising studies of the foundations of social theory in the doctrine of civilization are also indicated.
Julio César Carvajal Rodríguez, José de Jesús Núñez Rodríguez, Paulo César Lugo Rincón
Los fenómenos migratorios convocan con urgencia a repensar la forma en que los países los afrontan. Al respecto, se ha vuelto preponderante trabajar en una reingeniería de las políticas públicas existentes. El presente artículo es el resultado de la investigación desarrollada en la zona de frontera colombo venezolana, en la ciudad de Cúcuta, durante los años 2018-2020, y está orientada al análisis de las diferentes vivencias y percepciones de tres migrantes venezolanos en territorio colombiano, de dos entidades encargadas de su atención (ACNUR), Migración Colombia y dos expertos en tema migratorios. A partir de los hallazgos encontrados se proponen aportes que pueden ser importantes a la hora de pensar en la construcción de una política pública integral sobre la migración.
O presente trabalho busca estudar, a partir do caso Evans v. Reino Unido, julgado pela Corte Europeia de Direitos Humanos, o direito fundamental à autonomia reprodutiva como fundamento para a revogação do consentimento após a formação do embrião. Em síntese, o caso Evans surge devido à separação do casal e a impossibilidade de a Sra. Evans ter filhos, por causa da retirada de seus ovários, restando somente os embriões congelados em conjunto com seu companheiro-Howard Johnson. O litígio, por fim, chega na Corte Europeia de Direitos Humanos, que fundamenta sua decisão na possibilidade de revogação do consentimento, baseando o seu entendimento na autonomia reprodutiva, como direito fundamental que garante a liberdade de cada indivíduo decidir como se desenvolver na sua esfera individual. Assim, verifica-se a relação entre autonomia privada e autonomia reprodutiva a fim de investigar o cabimento ou não da revogação do consentimento em casos como o Evans v. Uk.
Jurisprudence. Philosophy and theory of law, Political institutions and public administration (General)
The public water supply and sewerage service includes the totality of activities of public utility and general economic and social interest carried out for the purpose of the collection, treatment, transportation, storage and distribution of drinking water on the territory of the administrative-territorial unit, as well as for the purpose of the collection and purification of wastewater. This service is regulated, in particular, by the Law on public water supply and sewerage service No. 303/2013. The object of the law represents the creation of the legal framework for the establishment, organization, operation, regulation and monitoring of the public drinking water supply and sewerage service in the conditions of accessibility, availability, reliability, continuity, competitiveness, transparency, respecting quality, safety and environmental protection. Everything that exceeds these activities is not subject to the regulation of the Law No. 303/2013. And the application of the “share” is an illegal activity that is punishable in accordance with the legislation in force.
Private international law. Conflict of laws, Jurisprudence. Philosophy and theory of law
For jurisprudence (doctrine and practice), the fundamental question of the principles of the nature of law is at the same time the question of the normative (special-legal) composition of law, the structure of its normative “substances" or a set of legal regulators. From the position of dominant views, legal regulators a priori recognize norms, or legal rules that are positive in legislation. This paradigm, which remains unshakable, is the basis of the assessment mechanism, the formed stable attitude to understanding the forms (sources) of law, the practice of making law enforcement decisions in situations of lack of legislation, as well as emerging defects in legal regulation, the need (validity) of the applicable norms. Rooted in Russian jurisprudence understanding of the principles of law as legal ideas” or more “general norms”, while the latter are not presumed as a legal basis for making individual legal decisions in resolving specific cases, is hopelessly outdated and does not correspond to the needs of developing practice. A paradigm change regarding understanding the structure and composition of regulators of law objectively requires a solution to an issue of fundamental importance, a kind of sui generis, the answer to which the pillars of philosophy and theory of law tried to answer (L.A. Hart, R.ºDvorkin, M. van Hook, R. Alexi, etc.): whether the law consists only of norms or are they a part of this whole; whether the norms of law are always perceived by law enforcement authorities, primarily by the courts, as the only legal basis, given that the norm to be applied is either absent, or differs in legal uncertainty, inconsistency, that is, is invalid.