Hasil untuk "Jurisprudence. Philosophy and theory of law"

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arXiv Open Access 2026
Poisson Gauge Theories in Three Dimensions: Exact Solutions and Conservation Laws

Alexey Sharapov, David Shcherbatov

We investigate Maxwell-Chern-Simons theory on a three-dimensional noncommutative spacetime endowed with a constant spacelike Poisson structure. By exploiting the residual rotational symmetry, we construct exact classical solutions corresponding to pointlike electric and magnetic charges. We demonstrate that noncommutativity acts as a natural regulator, ensuring a finite total electromagnetic energy and thereby resolving the classical self-energy divergence. Furthermore, some of these solutions exhibit a non-perturbative dependence on the noncommutativity parameter and allow for the generation of an arbitrary magnetic flux. We also present a noncommutative generalization of Gauss's law, providing a robust framework for the physical interpretation of these exact solutions.

en hep-th
arXiv Open Access 2025
Martin Davis: An Overview of his Work in Logic, Computer Science, and Philosophy

Liesbeth De Mol, Yuri V. Matiyasevich, Eugenio G. Omodeo et al.

In his autobiographic essay written in 1999, ``From logic to computer science and back'', Martin David Davis (3/8/1928--1/1/2023) indicated that he viewed himself as a logician \emph{and} a computer scientist. He expanded the essay in 2016 and expressed a new perspective through a changed title, ``My life as a logician''. He points out that logic was the unifying theme underlying his scientific career. Our paper attempts to provide a consistent vision that illuminates Davis' successive contributions leading to his landmark writings on computability, unsolvable problems, automated reasoning, as well as the history and philosophy of computing.

en cs.LO
arXiv Open Access 2025
Sheaf Topos Theory: A powerful setting for Lagrangian Field Theory

Grigorios Giotopoulos

We provide an introductory exposition to the sheaf topos theoretic description of classical field theory motivated by the rigorous description of both $\bf{(i)}$ the variational calculus of (infinite dimensional) field-theoretic spaces, and $\bf(ii)$ the non-triviality of classical fermionic field spaces. These considerations naturally lead to the definition of the sheaf topos of super smooth sets. We close by indicating natural generalizations necessary to include to the description of infinitesimal structure of field spaces and further the non-perturbative description of (higher) gauge fields.

en math-ph, hep-th
DOAJ Open Access 2024
PREVISIBILIDADE DECISIONAL E O SISTEMA DE PRECEDENTES BRASILEIRO

João Gabriel Guimarães Almeida, Paulo Henrique Guilman Tanizawa

O sistema jurídico brasileiro possui configuração histórica conforme ao civil law, forma onde a principal fonte de direito é a legislação escrita. Com isso, a segurança jurídica e previsibilidade seriam garantidas pela norma decorrente de lei. Com as transformações trazidas pelo constitucionalismo do direito e o uso de cláusulas gerais na legislação, a interpretação e o modo de direito se abriram, vez que não mais se baseiam os magistrados apenas na lei para decidirem, mas também se utilizam de princípios, costumes e outras decisões judiciais relacionadas para chegarem a uma conclusão decisória. Com isso, o sistema jurídico brasileiro, que não possuía regulação expressa quanto às decisões judiciais e seu uso como fonte de direito e eventual efeito vinculante, teve sua previsibilidade diminuída, gerando insegurança jurídica. Ponto desenvolvido pelo legislador para auxiliar na retomada de previsibilidade, é o sistema de precedentes previsto ao art. 927 do Código de Processo Civil. Por meio de análise comparativa e uso do método dedutivo, foi possível concluir que inobstante não sejam tais precedentes conformes à realidade do common law, onde se originaram, o modelo brasileiro possui potencial para auxiliar na retomada da previsibilidade, vez que, por sua vinculação obrigatória advinda de suas teses, tem-se uma organização do uso de decisões judiciais como fontes de direito vinculantes em certas caracterizações, trazendo assim maior previsibilidade e, então, segurança jurídica ao sistema normativo brasileiro.

Jurisprudence. Philosophy and theory of law, Political institutions and public administration (General)
DOAJ Open Access 2024
THEORETICAL LAW SCIENCE: HISTORY AND MODERNITY

FROLOVA Elizaveta Aleksandrovna

The current task of modern jurisprudence is the methodology of theoretical law sciences – sciences, forming legal thinking. The examples of general theory of law, history of political and legal doctrines and philosophy of law show the systematic and genetic nature of the study of law, society and the state. Purpose: historical and theoretical analysis of the nature and function of the sciences of fundamental jurisprudence. Methods: empirical methods of description, comparison, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study shows that the sciences of fundamental jurisprudence absorb the world experience of all previous centuries in the field of law and state, which creates their theoretical value and relevance in the 21st century. The practical value of theoretical law sciences is due to the fact that the disciplines of this cycle allow for a deeper understanding of the relationship between law and other social regulators, to understand that knowledge of the legal phenomenon should be based on the development of independent assessments and professional attitude to the current law as a dynamically developing system of norms and social r elations.

Law in general. Comparative and uniform law. Jurisprudence
CrossRef Open Access 2023
Natural Law Theory, “New” and Old

Sean Coyle

Abstract In the second edition of Natural Law and Natural Rights John Finnis observes that, whilst he expected criticism of his theory from positivists, he did not expect it from traditional natural law theorists who felt that the theory was insufficiently grounded in Aquinas’s doctrines. Finnis argued that the divergence was a mirage occasioned by his addressing topics out of the standard orders of treatment. This essay considers what Finnis’s theory would look like if placed back into Aquinas’s orders of treatment, and gauges the extent to which it conforms to Aquinas’s doctrines, and the extent to which it is divergent and “new.” This analysis may hopefully serve as a starting point for further study.

3 sitasi en
S2 Open Access 2022
Od ochrony prawnej ku prawom zwierząt – między świadomością moralną a prawną. Ewolucja podejścia na przykładzie orzecznictwa sądowoadministracyjnego

A. Kalisz, Dorota Pawlicka

The aim of the article is to analyse the possibility and necessity of empowering animals as ‘non-personal’ legal subjects under Polish law, indicating the relevant case law (of ordinary and, mainly, administrative courts). The research assumption is the statement that, although administrative case law contains elements of a fairly progressive approach that results in an interpretation of the applicable provisions on the protection and (rudimentarily regulated) animal rights, the existing provisions are far from sufficient and leave quite a lot of room for a very flexible interpretation. That may lead not solely to an animal-friendly interpretation, but also to abuses against them. Therefore, postulated amendments concerning constitutional protection of animal rights deserve attention, as they would be important for the systemic interpretation of law. The research subject is both philosophical and legal literature, as well as case law. The main method is the logico-linguistic analysis (with some elements of historical and comparative approach) of texts on philosophy, including legal philosophy and ethics, as well as the analysis of case law. The research findings have a mixed, descriptive-and-normative character, while the above combination of ethics, legal theory, and legal practice both manifests the evolution of the approach to the titular matter and makes an original contribution to jurisprudence as a scientific discipline.

2 sitasi en
DOAJ Open Access 2022
Abuelas de Plaza de Mayo y la búsqueda de los niños apropiados: repertorios de acción y estrategias políticas en dictadura y democracia

Fabricio Laino Sanchis

En este artículo nos proponemos abordar los orígenes y el desarrollo histórico del activismo de Abuelas de Plaza de Mayo, organización argentina de defensa de los derechos humanos que brega por la localización, identificación y restitución a sus familias biológicas de los niños y las niñas apropiadas por las Fuerzas Armadas y de Seguridad durante la última dictadura en ese país. Nos detendremos en la conformación histórica de la organización, primero como un grupo dentro de Madres de Plaza de Mayo y luego como una asociación independiente. Analizaremos las tácticas y el repertorio de acción que sus integrantes desplegaron durante la vigencia del régimen militar para buscar a sus nietos y nietas e instalar la denuncia de su desaparición, a nivel nacional e internacional. Por último, abordaremos cómo fue cambiando el repertorio de acción y discursivo de la organización desde la posdictadura hasta los años 2000. Recibido: 05 septiembre 2022  Aceptado: 12 noviembre 2022

Jurisprudence. Philosophy and theory of law, Comparative law. International uniform law
S2 Open Access 2022
PREFACE

Ziad Bou Akl’s

For many authors of the Islamic world “philosophy” was synonymous with “Aristotelianism,” and modern-day scholars largely follow suit. Even while admitting that other influences, both Greek (Neoplatonism) and indigenous (kalām), affected the development of philosophy in the Islamic world, historians of philosophy have typically concentrated on issues that are at home within the Aristotelian course of study: logic and philosophy of language, epistemology, philosophy of mind, natural philosophy, metaphysics, ethics, and political philosophy. This despite the fact that philosophers nowadays recognise subfields of their discipline that had no place in the Aristotelian curriculum. This is sensible enough for areas where the Islamic tradition has little to say. It isn’t clear that a specialist in, say, decision theory, existentialism, or philosophy of quantum mechanics—even one with historical sensibilities—is missing out on a lot by not knowing Arabic or Persian. (Although, never say never.) But for many subdisciplines that have emerged in more recent times, the Islamic world offers riches. This has not gone unnoticed when it comes to such topics as philosophy of religion. But other areas would reward increased attention, such as aesthetics, philosophy of action, and philosophy of medicine.1 The present volume will, it is hoped, show that philosophy of law deserves a place on that list. Indeed, legal theory was an obvious choice for inclusion in the new series of which this book is a part. The series as a whole will look at various aspects of Islamic culture, investigating their intrinsic philosophical significance and also the question of how these cultural phenomena interacted with, and exerted influence upon, philosophy taken in the strict sense. Other planned volumes will, for instance, be looking at philosophy in the context of Arabic grammar and linguistics, poetry, translations, and mysticism. Why is jurisprudence such an obvious candidate for this broader approach? First, because so many authors of the Islamic world contributed to both philosophy and jurisprudence. It is easy to reel off a list of famous names from whom we have both philosophical and juridical works: al-Ghazālī, Ibn Rushd (Averroes), and Fakhr al-Dīn al-Rāzī leap readily to mind, and the first two feature heavily in the present volume.2 Ulrich Rudolph looks at al-Ghazālī’s treatments of the sciences and the place of jurisprudence within these classifications. He

S2 Open Access 2022
Dialectics of Ethics

Feriel Bouhafa

Philosophical and theological ethics in the Islamic tradition tend to be appraised on the basis of a unilateral perspective, which circumvents a moral rational approach to intuition. On this account, moral knowledge is expected to rest on intuitive judgments, which are universally accessible to human beings. Looking at moral ontology and epistemology in Arabic philosophy, I demonstrate that taking intuitionism as the only valid rational discourse to ethics needs to be challenged. In fact, Arabic philosophers do not subscribe to a realist view of the good and evil in relation to human actions, and rather admit a division between cosmic values in metaphysics and moral values in ethics. In so doing, they show how metaphysics ascribes a substantial view to good in existence and a negative theory to evil, while the science of ethics admits a teleological and relative view of the good. Overall, the falāsifa remain committed to Aristotle’s premise that ethics does not rely on abstraction and emphasized the role of experience too. But, they seem to be also attentive to the dialectical nature of Islamic jurisprudence in producing norms considering both principles of the law and its particular application. This is also clear in their epistemology of ethical judgments such as the maxim justice is good. While they ascribe a universal status to ethical maxims, they preclude from granting them an absolute status over the authority of norms construction. Instead, philosophers attribute a dialectical role to ethical maxims to guarantee both consensus over norms and the possibility to produce truthful opinions. Keywords: Moral ontology and epistemology, The problem of evil, The nature of the good, Moral values, al-Fārābī, Ibn Sīnā, Ibn Rushd, Legal epistemology, Written and unwritten laws, Ethical maxims, Widely-accepted premises (mashhūrāt), Reputable premises (maḥmūdāt).

arXiv Open Access 2022
ADC-Net: An Open-Source Deep Learning Network for Automated Dispersion Compensation in Optical Coherence Tomography

Shaiban Ahmed, David Le, Taeyoon Son et al.

Chromatic dispersion is a common problem to degrade the system resolution in optical coherence tomography (OCT). This study is to develop a deep learning network for automated dispersion compensation (ADC-Net) in OCT. The ADC-Net is based on a redesigned UNet architecture which employs an encoder-decoder pipeline. The input section encompasses partially compensated OCT B-scans with individual retinal layers optimized. Corresponding output is a fully compensated OCT B-scans with all retinal layers optimized. Two numeric parameters, i.e., peak signal to noise ratio (PSNR) and structural similarity index metric computed at multiple scales (MS-SSIM), were used for objective assessment of the ADC-Net performance. Comparative analysis of training models, including single, three, five, seven and nine input channels were implemented. The five-input channels implementation was observed as the optimal mode for ADC-Net training to achieve robust dispersion compensation in OCT

en eess.IV, cs.CV
S2 Open Access 2021
Legal Discourse as a Multi-Dimensional Integrated Phenomenon and Legal Linguistics as a Syncretic Science

Александр Леонидович Дединкин, A. L. Dedinkin

The article introduces legal discourse as part of a complex communicative activity. It is an integrative interdisciplinary phenomenon on the border of jurisprudence and linguistics. The research objective was to establish the constituent parts of legal discourse, which includes legal texts, related scientific literature, and other documents. Legal linguistics is a generalizing discipline that studies the interaction of language and law. The line between legal discourse and other discourses is hard to define. Legal discourse is characterized by unified subjects, procedures, circumstances, and impersonality, that is, the absence of recipient and sender, hence the abundance of impersonal verb forms and impersonal constructions. Legal texts are devoid of national marks, and the vocabulary has equivalents in other languages. The present research was the first to designate a set of texts that make up legal discourse, i.e. texts of laws, decrees, scientific literature on legal matters, various legal documents, judicial texts, texts of interrogations, court speeches, expert opinion, etc. Although legal discourse and legal linguistics have different subjects and tasks, they share the same object, i.e. the interaction of language and law. Legal linguistics is an integrative science based on linguistics and legal theory, which uses achievements of philosophy, psychology, sociology, ethics, cognitive linguistics, pragmalinguistics, linguistic conflictology, etc.

4 sitasi en Sociology
DOAJ Open Access 2021
ОРХОНСКИЕ ПАМЯТНИКИ (VIII ВЕК) И «РОДОСЛОВНАЯ ТУРКМЕН» АБУ-Л-ГАЗИ (XVII ВЕК)

Soyegov M.

На основе сравнительного анализа соответствующих источников, относящихся к истории туркмен и их непосредственных предков — огузов, наряду с установлением концептуальных подходовк проблеме описываются ранее не выявленные исследователями конкретные эпизоды, которые служат также обоснованием этих подходов.

Comparative law. International uniform law, Jurisprudence. Philosophy and theory of law
arXiv Open Access 2021
Thermodynamic structure of a generic null surface and the zeroth law in scalar-tensor theory

Sumit Dey, Krishnakanta Bhattacharya, Bibhas Ranjan Majhi

We show that the equation of motion of scalar-tensor theory acquires thermodynamic identity when projected on a generic null surface. The relevant projection is given by $E_{ab}l^ak^b$, where $E_{ab} =8πT_{ab}^{(m)}$ represents the equation motion for gravitational field in presence of external matter, $l^a$ is the generator of the null surface and $k^a$ is the corresponding auxiliary null vector. Our analysis is done completely in a covariant way. Therefore all the thermodynamic quantities are in covariant form and hence can be used for any specific form of metric adapted to a null surface. We show this both in Einstein and Jordan frames and find that these two frames provide equivalent thermodynamic quantities. This is consistent with the previous findings for a Killing horizon. Also, a concrete proof of the zeroth law in scalar-tensor theory is provided when the null surface is defined by a Killing vector.

en gr-qc, hep-th
DOAJ Open Access 2020
Mulla Sadra on the Relation between Knowledge and Infallibility

Zahra Tavakoli, majid hasanabadi, Jafar Shanazari

Faith and belief in the Knowledge and prophecy of prophets is one of the most important beliefs in the Shiite theological thought. The origin of infallible infallibility (AS) from the viewpoint of many scholars is that their Knowledge is aim to the truths and the harmful consequences of sin, nevertheless, it sometimes neglects this problem in such a way that two issues of Knowledge and infallibility cannot be combined together. Mulla Sadra emphasizes the importance of Knowledge as equal to existence and emphasizes the role of theoretical powers in the realization of sin in the definitions of infallibility, which confirms the direct connection between Knowledge and infallibility in his view. In the present study, in addition to analyzing the relationship between knowledge and infallibility in Sadra's view, it has been shown in two steps with the examination of the problem of revelation and the time of childhood of the prophet that the questions raised in this relation in the issue of revelation result from ignoring the propositions of existence and existential status The perfect man is looking at Sadra.

Philosophy. Psychology. Religion, Jurisprudence. Philosophy and theory of law

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