Przepisy o stosowaniu przepisów

Author(s): Wojciech Patryas / Language(s): Polish Issue: 1/2022

The aim of this article is to elucidate the presence of prescriptions on the application of prescriptions in legal texts. Such explanation is structural in nature, rather than nomological-deductive. A typical prescription pertaining to application consists of three parts. Firstly, it fixes applied prescription. Next, it has the phrase 'applies' as a pivotal fragment. At the end it determines the area of application. However, occasionally some parts of prescriptions on the application of prescriptions are eliminated or arranged in another manner. In some legal texts several prescriptions on the application of prescriptions are joined in one collective prescription of this sort. Prescriptions on the application of prescriptions are the result of the fragmentation of norms.

Стеван К. Врачар: Структуралност филозофије права (Издавачка књижарница Зорана Стојановића, Сремски Карловци - Нови Сад (Библиотека ,,Номос“), 1995, 532 стр.)

Author(s): Milan T. Đorđević / Language(s): Serbian Issue: 1-3/1997

Слободан Перовић, ПРАВНО-ФИЛОЗОФСКЕ РАСПРАВЕ, НИУ „Службени лист СРЈ”, Београд, 1995, стр. 539.

Author(s): Stevan Lilić / Language(s): Serbian Issue: 4-6/1996

Драган М. Митровић — Љубиша В. Станојевић, ТЕОРИЈА ХАОСА И ПРАВНА ТЕОРИЈА, НИУ „Службени лист СРЈ”, Београд, 1996.

Author(s): Zoran Jelić / Language(s): Serbian Issue: 4-6/1996

Александар Фатић: КАЗНА КАО МЕТАФОРА, ПИУ „Службени лист СРЈ”, Београд, 1995, 111 стр.

Author(s): Zoran Jelić / Language(s): Serbian Issue: 1/1996

INDEPENDENCE OF THE JUDICIARY THROUGH A PHILOSOPHICAL PERSPECTIVE

Author(s): Alexandru Cordoş,Diandra-Ioana TANASĂ-COZDREANU / Language(s): English Issue: 2/2021

This paper analyzes the importance of the principle of independence of the judiciary in a rule of law, but also the separation of powers, these two principles leading to an independent and efficient justice.This study is based on a philosophical approach and perspective of the justice independence and separation of powers, but also how this principles are applied in Romania, considering accession at the European Union. The philosophical perspective has determined the detailed understanding of these two principles, thus observing their application during the existence of fortress-states, and now, when they are represented by national parties and institutions. Justice is one of the most important thing of consolidated democracy, and that is why it is important to see the trajectory of the theory and how is applied today, given the constitutional mechanisms.

Неокантианската философия на правото – преход от „дължимото“ към „съществуващото“

Author(s): Elizaveta Frolova / Language(s): Bulgarian Issue: 1/2021

ДР РАДОМИР Д. ЛУКИЋ, СИСТЕМ ФИЛ030ФИЈЕ ПРАВА

Author(s): Radmila Vasić / Language(s): Serbian Issue: 3-4/1993

О СИСТЕМУ ФИЛОЗОФИЈЕ ПРАВА ПРОФЕСОРА РАДОМИРА Д. ЛУКИЋА

Author(s): Dragan Mitrović / Language(s): Serbian Issue: 3-4/1993

МЕСТО ’’ТОПИКЕ” У АРИСТОТЕЛОВОМ ДЕЛУ

Author(s): Jasminka Hasanbegović / Language(s): Serbian Issue: 1-2/1993

The author dedicates her study to Božidar S. Marković as a sign of respect and admiration, since exceptional are the people who, in spite of great injustice inflicted to them, succeed to preserve themselves from hatred or, at least, great bitterness, and to continue to have their human and professional integrity even in rainy days. As Aristotle said: A just man prefers to remember good things he received from others, than harm suffered; to remember acts of kindness by others rather than those he extended to others. Is "Topica" acroamatic or esoteric writing of Aristotle? Is it logical or practical (rhetorical and poetical) writing? Is the present position of "Topica" in the "Organon" validly established, or should it stay between "Hermeneutics" and "Analytics"? Whether "Topica" was created prior to Aristotle’s discovery of syllogism, namely before the "Analytics"? Whether it was written as a whole, or were some parts subsequently added? What is the relationship between "Topica" and "Sophistical refutations"? In what way to systematize, in terms of setting the problems, the "Organon" and the "Topica" in it?

Общото мнение на юристите като източник на правото

Author(s): Anton Vasilev / Language(s): Bulgarian Issue: 1/2019

Правните принципи като критерии за валидност в правото

Author(s): Yanaki Stoilov / Language(s): Bulgarian Issue: 1/2018

Правото в пространството и времето

Author(s): Mihaylina Mihaylova / Language(s): Bulgarian Issue: 1/2016

Познавателно значение на юридическите конструкции

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 2/2014

Казусът „Антигона“, или защо да се отнасяме сериозно към естественото право

Author(s): Dobrin Stanev / Language(s): Bulgarian Issue: 1/2014

Юридически модел на действие на правната система във виртуалната среда

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 2/2013

Юридически конструкции и правна система

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 2/2012

Образуване на правни нормативни волеизявления

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 2/2011

Към общотеоретично понятие за правно изявление

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 2/2010

СУДСКИ ФЕДЕРАЛИЗАМ У САД

Author(s): James М. Klebba / Language(s): Serbian Issue: 4/1992

The author’s study with the federal courts and federal jurisdiction. The relationship between the federal and state court system is one of the most intellectually interesting and presumptuous of him to say that the American system of judicial federalism provides any answers to the unfortunate situation which Yugoslavia find intself in today. However, he hopes that he had succeeded in stating some of system to be such an interesting topic for teaching and scholarship. The development of the US federal jurisdiction dates from the civil war and US Constitution, which limit the state’s sovereignty to the federal government. The legal remedies for the delegation and control of the state’s judicial system are known as Right of Removal and the US Supreme Court review of the state court decision acts. In view of residual jurisdiction of the state courts, except the exclusive federal jurisdiction, it is clear that the citizens own their sovereign rights and liabilities in their states, besides the questions of federal significance, which they accomplish at the federal levels. However, the federal jurisdiction has Congressional limitations and alternative authority for the Diversity of citizenship, so that ali relevant facts have to be included in the court’s decision.