Journal articles: 'Earth Jurisprudence'

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Park, Taehyun. "Anthropocene and Earth Jurisprudence." Environmental Law and Policy 26 (February 28, 2021): 1–35. http://dx.doi.org/10.18215/elvlp.26..202102.1.

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Burdon, Peter. "Earth Jurisprudence and the Murray-Darling." Alternative Law Journal 37, no. 2 (June 2012): 82–85. http://dx.doi.org/10.1177/1037969x1203700203.

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Pottage, Alain. "Holocene jurisprudence." Journal of Human Rights and the Environment 10, no. 2 (September 2019): 153–75. http://dx.doi.org/10.4337/jhre.2019.02.01.

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We are now accustomed to thinking of the Holocene as an epoch that we have left behind. But from what perspective do we close the Holocene and begin describing the Anthropocene? Academic disciplines have their own geology: epistemic or medial strata, sediments or condensations, which condition the apprehension and communication of fresh insight. The phrase ‘Holocene jurisprudence’ draws attention to a particular epistemic sediment: the figure of appropriation or ‘taking’, which is reactivated in many critical commentaries on the Anthropocene. And if, speaking figuratively, one were to identify an index fossil that compellingly expresses the epistemic traditions and potentialities that are sedimented into the Euro-American figure of appropriation, then Carl Schmitt's Nomos of the Earth would be a good candidate.

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Jung, Jun-Young. "The Principle of Earth Jurisprudence and Private Property." Environmental Law and Policy 26 (February 28, 2021): 87–114. http://dx.doi.org/10.18215/elvlp.26..202102.87.

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Ogleznev, Vitaly V., and Valeriy A. Surovtsev. "Down to Earth: From Begriffsjurisprudenz to Analytical Jurisprudence." Vestnik Tomskogo gosudarstvennogo universiteta. Filosofiya, sotsiologiya, politologiya, no. 63 (October 1, 2021): 241–46. http://dx.doi.org/10.17223/1998863x/63/23.

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Burdon, Peter. "The Jurisprudence of Thomas Berry." Worldviews: Global Religions, Culture, and Ecology 15, no. 2 (2011): 151–67. http://dx.doi.org/10.1163/156853511x574478.

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AbstractOn June 1 2009 Fr Thomas Berry passed away at his home in Greensboro N.C. In his final book before passing, Berry challenged human society to a carry out a transition from a period of human devastation of the Earth to a period when humans would be present to the planet in a mutually beneficial manner. This 'Great Work' encompassed religion, education, science and law. In this paper I will address Berry's argument that our current legal system supports the destruction of the environment and outline two ideas he put forward for evolving law. The first idea recognises that human law operates within and should be bound by the overarching laws of the natural world. From this perspective, the laws of nature are primary and human law would receive its legal quality and authority from its conformity with this law. The second proposal was to recognise that the earth consists of subjects, not objects and that all subjects are capable of holding rights. I will consider this argument in the context of two recent enactments of 'rights for nature' legislation in municipalities in the United States and in the constitution of Ecuador.

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Pissaloux, Jean-Luc. "Jurisprudence administrative." Gestion & Finances Publiques, no. 5 (September 2021): 104–11. http://dx.doi.org/10.3166/gfp.2021.5.016.

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Tolan, Patrick. "Ecocentric Perspectives on Global Warming: Toward an Earth Jurisprudence." Global Studies Journal 1, no. 4 (2008): 39–50. http://dx.doi.org/10.18848/1835-4432/cgp/v01i04/40971.

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Barrett, Mereana, Krushil Watene, and Patty McNicholas. "Legal personality in Aotearoa New Zealand: an example of integrated thinking on sustainable development." Accounting, Auditing & Accountability Journal 33, no. 7 (July 1, 2020): 1705–30. http://dx.doi.org/10.1108/aaaj-01-2019-3819.

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PurposeThis paper aims to set the scene for an emerging conversation on the Rights of Nature as articulated by a philosophy of law called Earth Jurisprudence, which privileges the whole Earth community over the profit-driven structures of the existing legal and economic systems.Design/methodology/approachThe study used a wide range of thought from literature relating to philosophy, humanities, environmental economics, sustainable development, indigenous rights and legal theory to show how Earth Jurisprudence resonates with two recent treaties of Waitangi settlements in Aotearoa New Zealand that recognise the Rights of Nature.FindingsIndigenous philosophies have become highly relevant to sustainable and equitable development. They have provided an increasingly prominent approach in advancing social, economic, environmental and cultural development around the world. In Aotearoa New Zealand, Maori philosophies ground the naming of the Te Urewera National Park and the Whanganui River as legal entities with rights.Practical implicationsRecognition of the Rights of Nature in Aotearoa New Zealand necessitates a radical re-thinking by accounting researchers, practitioners and educators towards a more ecocentric view of the environment, given the transformation of environmental law and our responsibilities towards sustainable development.Originality/valueThis relates to the application of Earth Jurisprudence legal theory as an alternative approach towards thinking about integrated reporting and sustainable development.

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Jung, Hyejin. "UN Harmony with Nature in the context of Earth Jurisprudence." Environmental Law and Policy 26 (February 28, 2021): 37–61. http://dx.doi.org/10.18215/elvlp.26..202102.37.

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Kim, Wang-Bae. "A Review on the Right of Nature and Earth Jurisprudence." Journal of Social Thoughts and Culture 25, no. 1 (March 30, 2022): 1–41. http://dx.doi.org/10.17207/jstc.2022.03.25.1.1.

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Oh, Dong-Suk. "Interpretation of the Korean Constitution from the Perspective of Earth Jurisprudence." Environmental Law and Policy 26 (February 28, 2021): 63–85. http://dx.doi.org/10.18215/elvlp.26..202102.63.

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Riley, Sophie. "Listening to nature's voice: invasive species, Earth jurisprudence and compassionate conservation." Asia Pacific Journal of Environmental Law 22, no. 1 (May 2019): 117–36. http://dx.doi.org/10.4337/apjel.2019.01.06.

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Humanity's land management practices reconstruct nature by destroying and degrading habitats, species and ecosystems, and creating environmental imbalance. The latter can manifest in overabundant or invasive species, imposing a welfare burden on unwanted animals when they are targeted for eradication and control. Such approaches not only overlook animal wellbeing, but also ignore the role that humans have played in species’ classifications. As societies grapple to manage the unstable environments they have created, they have also started to realize that standards set by paradigms, such as sustainable development, do not sufficiently engage with the efficacy or ethics of existing practices. This article argues that a synthesis of law and science, drawn respectively from emerging paradigms, such as the Great Law of Earth jurisprudence and principles of compassionate conservation, can help guide environmental regimes towards more effective and ethical outcomes. From a legal perspective, the Great Law subordinates human law to a metaphorical nature's voice, while from a scientific perspective the scientific underpinnings of compassionate conservation identify that voice. Although compassionate conservation injects empathy into the decision-making processes, it is a form of empathy based on science that commences from the stipulation that regulators should first do no harm. It is a call that is specifically relevant to invasive species, where current regulation is based on harming certain species, while simultaneously overlooking environmental threats generated by humans. By using science to identify nature's voice, and law to listen to that voice, regulators can start to design regimes that work with nature, rather than trying to reconstruct and dominate it.

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Humphreys, David. "Know Your Rights: Earth Jurisprudence and Environmental Politics in the Americas." International Journal of Sustainability Policy and Practice 10, no. 3-4 (2015): 1–14. http://dx.doi.org/10.18848/2325-1166/cgp/v10i3-4/55350.

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Rühs, Nathalie, and Aled Jones. "The Implementation of Earth Jurisprudence through Substantive Constitutional Rights of Nature." Sustainability 8, no. 2 (February 17, 2016): 174. http://dx.doi.org/10.3390/su8020174.

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Sykes, Robbie. "‘Those Chosen by the Planet’: Final Fantasy VII and Earth Jurisprudence." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 30, no. 3 (November 16, 2016): 455–76. http://dx.doi.org/10.1007/s11196-016-9497-2.

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Humphreys, David. "Rights of Pachamama: The emergence of an earth jurisprudence in the Americas." Journal of International Relations and Development 20, no. 3 (July 1, 2016): 459–84. http://dx.doi.org/10.1057/s41268-016-0001-0.

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Zainuddin, Zainuddin, Azizah Azizah, and Muhammad Nur. "The Improvement of Discipline and Professional Fiqh Teachers by Supervisors in Islamic Junior High School." FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman 8, no. 1 (June 30, 2022): 95–116. http://dx.doi.org/10.24952/fitrah.v8i1.5316.

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The aim of this research was to determine the effectiveness of the supervision of the madrasa supervisors in improving the discipline and professionalism of Islamic Jurisprudence teachers at State MTsN in East Aceh Regency. The problem of this research is how the implementation of supervision of madrasa supervisors in improving the discipline and professionalism of Islamic Jurisprudence teachers at State MTsN in East Aceh Regency, what are the supporting and inhibiting factors, and what solutions are taken to overcome these obstacles? This research used a qualitative approach, located at five MTsN in East Aceh Regency, by interviewing three madrasa supervisors, five MTsN principals, and eight Islamic Jurisprudence teachers. The results showed that the implementation of supervision of madrasa supervisor in improving the discipline and professionalism of Islamic Jurisprudence teachers at MTsN in East Aceh Regency begins with planning, supervision of learning administration, and the learning process. The results have had a positive impact on improving the discipline and professionalism of Islamic Jurisprudence teachers. The supporting factors are the enthusiasm to serve for the advancement of teachers and Islamic schools; the enthusiasm to see the discipline and professionalism of Islamic Jurisprudence teachers; support from the leadership; and good cooperation from madrasa principals. The inhibiting factors are the large number of the assisted madrasa, the lack of supervisors, the long distance to the school, and even to inland areas. The solution is to propose a new supervisor, arrange for the distribution of the assisted madrasa for each supervisor not too far away, and encourage teachers and madrasa principals to be willing to become supervisors.

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Jafar, Wahyu Abdul, and Musda Asmara. "The Urgency of Ahlus Sunnah wal Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic." Al-Istinbath : Jurnal Hukum Islam 7, no. 1 (May 30, 2022): 93. http://dx.doi.org/10.29240/jhi.v7i1.4153.

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This study aims to determine the urgency of Ahl as-Sunnah wal-Jamaah Based Islamic Jurisprudence in Maintaining Cohesiveness of the Indonesian Republic. This study is literature research, which uses documentation techniques in collecting research data. At the same time, the analysis technique used in this research is the descriptive inductive technique. After conducting in-depth research, a conclusion was found that ahlus sunnah wal jamaah Based Islamic Jurisprudence is urgently disseminated and practiced. Ahlus sunnah wal jamaah Based Islamic Jurisprudence can be a strong binder of unity and integrity because there are ahlus sunnah wal jamaah Based Islamic Jurisprudence values of hubul wathon (love of the homeland), unity, and tolerance among religious believers. This teaching is more accepting of the differences in the broader community than radical and liberal Islam teachings, which divide the unity among Muslims and often create commotion and quarrels in society. Ahl as-Sunnah wal-Jamaah Based Islamic Jurisprudence can block Islamic sharia that deviates and leaves the corridor of the principle of tasriul ahkam, namely realizing the benefit of human life. The benefit will be easily realized if in a country the people are united, in harmony, live in peace, and are not hostile to each other.

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Rāwiri, Āneta Hinemihi. "Te Awa Tupua, Indigenous Law and Decolonisation." Victoria University of Wellington Law Review 53, no. 3 (October 31, 2022): 431–62. http://dx.doi.org/10.26686/vuwlr.v53i3.7998.

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Worldwide, Indigenous peoples are building an emerging area of law which can be described as Indigenous jurisprudence. Indigenous jurisprudence is firmly grounded in a legal philosophy that conveys an Indigenous consciousness of all life existing as expressions of sacred life energy. All life, including people, are also children and grandchildren of Grandfather Universe and Grandmother Earth. All life are therefore close and revered kin who coexist interdependently. This article describes the Indigenous law that underpins the Te Awa Tupua Agreement. For Whanganui Iwi, the agreement is a first step towards decolonising New Zealand and its nation state. Decolonisation will be achieved when the natural world determines New Zealand's constitutional framework, and New Zealand's nation state and our Whanganui Iwi nationhood—and our respective legal and governance systems—coexist interdependently.

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Pissaloux, Jean-Luc. "Chronique de jurisprudence constitutionnellefinancière et fiscale." Gestion & Finances Publiques, no. 2 (March 2022): 163–74. http://dx.doi.org/10.3166/gfp.2022.2.023.

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Dahlan, Moh. "The Hermeneutics Of Authentic Jurisprudence Of Gus Dur In Indonesia." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 17, no. 01 (January 17, 2018): 11–27. http://dx.doi.org/10.30631/alrisalah.v17i01.18.

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This study aims to examine the existence of the hermeneutic thinking of ijtihad and authentic jurisprudence of Gus Dur in Indonesia. By using Martin Heidegger's hermeneutics, this study produces two conclusions: First, the authentic hermeneutic paradigm of ijtihad Gus Dur seeks to establish a dialectic between the discourse of the past text and the interpreter's current discourse so that the law of fiqih can produce the ultimate benefit of the people. Secondly, the authentic jurisprudence of Gus Dur has given the discourse of new fiqh relevant to the current development of polygamy law, marriage, zakat and the Islamic education system grounded in accordance with Indonesian culture, not Arab culture, so that he wants the earthing of legal discourse of jurisprudence instead of Arabization .

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Marguénaud, Jean-Pierre, and Damien Roets. "Droits de l’homme Jurisprudence de la CEDH." Revue de science criminelle et de droit pénal comparé N° 1, no. 1 (April 12, 2022): 113–22. http://dx.doi.org/10.3917/rsc.2201.0113.

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ÖZDEMİR, Nadire. "A Global View of Jurisprudence: William Twining." Ankara Üniversitesi Hukuk Fakültesi Dergisi 71, no. 3 (October 19, 2022): 1317–35. http://dx.doi.org/10.33629/auhfd.1150272.

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This study aims to introduce William Twining's global view of law,which is shaped through the criticisms of the mainstream legal philosophy.Based on a multi-lensed, critical, contextual, and empirical perspective,Twining discusses what kind of framework should jurisprudence offer toaddress the problems posed by globalization. This framework is alsoimportant in terms of providing solutions to the legal problems shaped by thecharacteristics of the 21st century. The study aims to highlight the main pointsof Twining's approach, in this regard, the basic concepts and principlesemphasized by the author will be discussed. In this direction, the author'sconcern to explain where he stands and evaluates, his criticisms of mainstreamjurisprudence, and the outlines of the global jurisprudence approach he putforward in line with these criticisms will be discussed. The term "standpoint",which Twining uses to emphasize that the researcher's background andposition shapes his perspective on the subject he researches, and the term"travel well", which he uses for the meaningful replacement of (legal)concepts between different legal cultures, will be discussed within the scopeof the subject.

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Marguénaud, Jean-Pierre, and Damien Roets. "Droits de l’homme Jurisprudence de la CEDH." Revue de science criminelle et de droit pénal comparé N° 3, no. 3 (October 13, 2022): 683–93. http://dx.doi.org/10.3917/rsc.2203.0683.

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Khabriyeva, Taliya. "Jurisprudence of the Pandemic: An Emergency Territory." Journal of Foreign Legislation and Comparative Law 18, no. 1 (November 28, 2022): 1. http://dx.doi.org/10.12737/jflcl.2022.001.

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Sushchenko, Volodymyr. "The Category of “responsibility” in the Humanities and Law: A Multidisciplinary Approach." Philosophy of law and general theory of law, no. 2 (December 22, 2021): 166–84. http://dx.doi.org/10.21564/2707-7039.2.242857.

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The article is devoted to the theoretical foundations of the category of “responsibility” of philosophy and ethics, as well as its interpretation in psychology and jurisprudence. The author analyzes the category of “responsibility” in the context of etymology (origin) of this term in Ukrainian, Russian, English, French and German languages, while emphasizing their semantic similarity/identity. On the base of the analysis of scientific sources, an attempt was made to take a multidisciplinary approach to the interpretation of this category in jurisprudence in order to better and The article is devoted to the theoretical foundations of the category of “responsibility” of philosophy and ethics, as well as its interpretation in psychology and jurisprudence. The author analyzes the category of “responsibility” in the context of etymology (origin) of this term in Ukrainian, Russian, English, French and German languages, while emphasizing their semantic similarity/identity. On the base of the analysis of scientific sources, an attempt was made to take a multidisciplinary approach to the interpretation of this category in jurisprudence in order to better and

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Baroncelli, Stefania. "How Fluid is the Special Statute of Autonomy of Trentino Alto Adige/South Tyrol? The influence of the Court of Justice of the EU, the Council of Europe and the Italian Constitutional Court on the Process of Implementation." europa ethnica 79, no. 1-2 (2022): 69–80. http://dx.doi.org/10.24989/0014-2492-2022-12-69.

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This article intends to examine the different legal and institutional factors that have contributed to the fluidity of the minority protection system in Trentino Alto Adige/South Tyrol, referring to the contribution of the EU, the Council of Europe and constitutional jurisprudence. To do so, it focuses on the main principles governing minority protection. To what extent have these factors succeeded in correcting the rigidities inherent in the Statute of Autonomy? The article analyses the evolution of the jurisprudence of the Court of Justice of the EU that has redefined some principles of the Statute of Autonomy, the contribution of the Council of Europe and the jurisprudence on census, quotas and membership of linguistic groups, the legal principles guiding the education system and, finally, the influence of the Italian constitutional jurisprudence on the concept of closed farmyard (‘maso chiuso’/‘Der geschlossene Hof’). In the conclusions, the article highlights how openness to the EU and the European context has contributed to the fluidity of the system and protected the prerogatives of new groups that are emerging alongside the three traditional language groups, such as bilingual people and new minorities (immigrants). These developments and the new needs of society must be taken into account in the reform of the new Statute as a new social pact.

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Abbas, Dr Nadeem, and Dr Shagufta Naveed. "An Analysis of the Objections Related to the International Law of Islam." ĪQĀN 4, no. 2 (July 30, 2022): 9–20. http://dx.doi.org/10.36755/iqan.v4i2.387.

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The purpose of this research article is to examine the objections regarding international Islamic law in the light of the thoughts of Dr. Muhammad Hameedullah. This law guarantees peace, prosperity, respect for humanity, mutual relations, and the promotion of equality on the earth. It has a unique status in human history. The Qur'an, Hadith, and Islamic jurisprudence played a pivotal role in its formation. This ideal law proposed by Islam played an extraordinary role in establishing cordial relations between the nations. The majority of scholars confirm and appreciate this historical evidence. Contrary to this positive attitude, some orientalists have raised some objections regarding international Islamic law. Dr. Muhammad Hameedullah has scholarly examined these objections. It is very important to study the thoughts of Dr. Muhammad Hameedullah in order to understand Islamic thought and to remove the objections to international Islamic law. This article is presented to fulfill this scholarly need. Keywords: Dr. Muhammad Hameedullah, Hadith, International Islamic Law, Islam, Islamic Jurisprudence, Orientalists, Quran

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Lampkin, Jack A., and Tanya Wyatt. "Utilising Principles of Earth Jurisprudence to Prevent Environmental Harm: Applying a Case Study of Unconventional Hydraulic Fracturing for Shale Gas in the United Kingdom." Critical Criminology 28, no. 3 (January 21, 2019): 501–16. http://dx.doi.org/10.1007/s10612-018-9426-7.

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AbstractApproaching behaviour that produces environmental harm through the medium of criminal sanctions (largely involving monetary penalties) has been criticised consistently as failing to prevent environmental crimes and harms, and failing to concurrently reduce environmental re-offending. Furthermore, important state–corporate political and economic relationships exist that ensure the continuation of environmental degradation. We suggest that a way to overcome this is to re-work the current legal system to one grounded in Earth jurisprudence. Although we realise that state–corporate relationships would likely prevent the implementation of Earth jurisprudential principles, we argue such principles are essential to up-end the prioritisation of economic imperatives over ecological values within capitalist societies. To demonstrate the strength and utility of the Earth jurisprudential approach, we use the case of fracking for shale gas in the United Kingdom to examine how Earth jurisprudential principles could prevent environmental harm from occurring.

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O'Donnell, Erin, Anne Poelina, Alessandro Pelizzon, and Cristy Clark. "Stop Burying the Lede: The Essential Role of Indigenous Law(s) in Creating Rights of Nature." Transnational Environmental Law 9, no. 3 (October 2, 2020): 403–27. http://dx.doi.org/10.1017/s2047102520000242.

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AbstractThe rapid emergence of rights of Nature over the past decade across multiple contexts has fostered increasing awareness, recognition, and, ultimately, acceptance of rights of Nature by the global community. Yet, too often, both scholarly publications and news articles bury the lede – namely, that the most transformative cases of rights of Nature have been consistently influenced and often actually led by Indigenous peoples. In this article we explore the ontologies of rights of Nature and earth jurisprudence, and the intersections of these movements with the leadership of Indigenous peoples in claiming and giving effect to their own rights (while acknowledging that not all Indigenous peoples support rights of Nature). Based on early observations, we discern an emerging trend of increased efficacy, longevity, and transformative potential being linked to a strongly pluralist approach of lawmaking and environmental management. A truly transformative and pluralist ecological jurisprudence can be achieved only by enabling, and empowering, Indigenous leadership.

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Ahmad Syaripudin, Rustam Efendi, Sirajuddin Sirajuddin, and Dedi Rochmad Hermawan Ali. "Pengaruh Pemahaman Bahasa Arab terhadap Istinbāṭ Hukum Fikih." NUKHBATUL 'ULUM: Jurnal Bidang Kajian Islam 7, no. 2 (December 10, 2021): 178–96. http://dx.doi.org/10.36701/nukhbah.v7i2.411.

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This research aims to find out the extent of the influence of understanding Arabic on istinbāṭ law of jurispruding. This research is qualitative descriptive research focused on the study of manuscripts and texts with a philosophical approach. The results showed that: first, Arabic has a massive urgency to the sciences of Sharia; Second, arabic has a significant impression of the determination of jurisprudence which is indicated by the disagreements that occur among fuqahā' in many problems of Islamic jurisprudence due to differences in viewpoints in understanding propositions based on dilālah al-alfaż.

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Kuper, Adam, and R. C. J. Cocks. "Sir Henry Maine: A Study in Victorian Jurisprudence." Man 24, no. 3 (September 1989): 535. http://dx.doi.org/10.2307/2802720.

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BRYZHKO, V. "Comparative jurisprudence in the field of information law." INFORMATION AND LAW, no. 1(4) (February 14, 2012): 23–32. http://dx.doi.org/10.37750/2616-6798.2012.1(4).271722.

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Murray, Jamie. "Earth Jurisprudence, Wild Law, Emergent Law: The Emerging Field of Ecology and Law—Part 1." Liverpool Law Review 35, no. 3 (May 18, 2014): 215–31. http://dx.doi.org/10.1007/s10991-014-9148-1.

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Murray, Jamie. "Earth Jurisprudence, Wild Law, Emergent Law: The Emerging Field of Ecology and Law—Part 2." Liverpool Law Review 36, no. 2 (August 2015): 105–22. http://dx.doi.org/10.1007/s10991-015-9170-y.

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ZELENTSOV, ALEXANDER, and VIKTOR GATSOLATI. "CONCEPTUAL APPROACHES TO UNDERSTANDING CIVIL SOCIETY IN MODERN LAW." Gaps in Russian Legislation 15, no. 4 (July 28, 2022): 284–92. http://dx.doi.org/10.33693/2072-3164-2022-15-4-284-292.

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Civil society is currently the guarantor of the sustainable development of the rule of law and the source of positive transformations in various spheres of society. The growing interest in the category of "civil society" in modern jurisprudence has actualized the task of building a holistic concept of civil society. The article discusses the main conceptual approaches to understanding civil society in modern jurisprudence and determining its relationship with the state. An analysis is made of the characteristics identified by Russian and foreign researchers as the hallmarks of civil society. The models of interaction between the state and civil society, distinguished in domestic and foreign jurisprudence, are considered. The forms of interaction between the state and civil society are considered, their classification is carried out. Based on the results of the study, a conclusion was formulated on the expediency of using the concept of civil society organizations as the basic concept of civil society in modern legal science.

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Bhattarai, Lokendra Hari. "An Outline of Feminism Jurisprudence: Phases and Approaches from Nepalese Perspectives." KMC Research Journal 4, no. 4 (December 31, 2020): 113–26. http://dx.doi.org/10.3126/kmcrj.v4i4.46472.

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Jurisprudence is a science of law. Whereas feminism jurisprudence is a philosophy of law based on political, economic and social equality of sexes. It began in 1960s and feminists believe that law is not neutral or impartial. They blame male written history which has created in a bias way it is an off-shoot of critical legal studies. There are some of the schools of feminist jurisprudence. They are as liberal feminism, radical feminism, postmodern feminism, black feminism, lesbian feminism, queer feminism, Marxist feminism. All of the feminists have the same agenda of establishing equal opportunitiesand equal rights for women in all sectors. After the promulgation of the Constitution of the Kingdom of Nepal 1990, judicial body played vital role to eliminate gender discrimination. The Interim Constitution of Nepal 2063 was more progressive than the constitution of Nepal 1990s in the issues of women’s empowerment, reproductive freedom, equality and property entitlement. The Constitution of Nepal 2015 enlarges women’s issues and has guaranteed several rights than the previous constitutions. The judicial bodies with constitutional mechanism are playing an effective role for the protection, promotion of women's rights in Nepal.

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Vandendriessche, Xavier. "« Chronique de jurisprudence financière Novembre à Avril 2021 »." Gestion & Finances Publiques, no. 3 (May 2021): 149–64. http://dx.doi.org/10.3166/gfp.2021.3.020.

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Juwita, Ratna. "An Aretaic Jurisprudence Approach to the Character of the Secretary-General of the United Nations as a Norm Entrepreneur to Save the Earth from the Adverse Impact of Climate Change." Korean Journal of International and Comparative Law 6, no. 1 (June 1, 2018): 30–46. http://dx.doi.org/10.1163/22134484-12340096.

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Abstract In 2015, the Paris Agreement was adopted to strengthen the legal continuum to combat climate change. The Secretary-General as the chief administrative, world premier diplomat and norm entrepreneur of the UN has to diplomatically persuade all member States to ratify the international legal instruments. This research suggests that the Secretary-General must possess virtuous character in order to carry on the mandate of the UN Charter, especially as a norm entrepreneur to address the issue of climate change. Aretaic jurisprudence approach is used to interpret further the character that has to be possessed by the Secretary-General. Based on the Aristotelian virtues as the core philosophy of aretaic jurisprudence, the Secretary-General has to possess the virtues of courage and temperance. In the fight against climate change, a virtuous Secretary-General will play the pivotal role as a norm entrepreneur in inviting and persuading all member States to cooperate in unity.

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JUNG, Chaho, Sung Pill HWANG, and Taemi JANG. "The Jurisprudence of Damages Hybrid Calculation in Patent Law." Journal of Industrial Property 72 (August 31, 2022): 51–109. http://dx.doi.org/10.36669/ip.2022.72.2.

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42

Vandzhurak, R. "Socrates and Ukrainian Jurisprudence: Preconditions, Present Influence and Future." Fìlosofs׳kì ta metodologìčnì problemi prava 21, no. 1 (2021): 47–53. http://dx.doi.org/10.33270/02212101.47.

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Kauffman, Craig M. "Managing People for the Benefit of the Land: Practicing Earth Jurisprudence in Te Urewera, New Zealand." ISLE: Interdisciplinary Studies in Literature and Environment 27, no. 3 (2020): 578–95. http://dx.doi.org/10.1093/isle/isaa060.

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Dalkowska, Anna, Adam Pawlyta, and Witold Cieśla. "The problem of legal classification of a balcony in the jurisprudence of administrative and common courts of law: A comparative legal analysis (Part II)." Nieruchomości@ IV, no. IV (December 31, 2022): 117–43. http://dx.doi.org/10.5604/01.3001.0016.1264.

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This article is the second part of a continued study on the legal qualification of balconies (loggias) in the jurisprudence of administrative courts and common courts of law and at the same time an attempt to construct the concepts of a balcony, terrace, and loggia (recessed balcony) from a normative point of view. In part I, we have outlined the condition of research on the issue which is the subject of the study, our assumptions and research hypotheses, terminological and definitional issues in reference to their dictionary meanings, the jurisprudence of the Supreme Court and lower courts of law and the jurisprudence of administrative courts in determining the terminological meanings of the concepts of balcony (loggia) and terrace. Furthermore, a normative analysis of the legal provisions contained in the Act of 24 June 1994 on the Ownership of Apartments (consolidated text promulgated on 21 May 2021 in the official journal “Dz.U.” of 2021, item 1048), the Act of 23 April 1964 - the Civil Code (consolidated text promulgated on 9 June 2022 in the official journal “Dz.U.” of 2022, item 1360, as amended), the Act of 6 July 1982 on Land and Mortgage Registers and Mortgages (consolidated text promulgated on 22 July 2022 in the official journal “Dz.U.” of 2022, item 1728) as well as the legal scholars’ writings and jurisprudence. One of the basic research objectives in this study was also to present the institution of a common property in the context of a potential qualification of balconies, loggias, terraces alternatively as one of the components of a common property or through their classification as a part of the structure of a an apartment. In this paper, the authors have attempted to analyse the definition of common property laid down in Article 3(2) of the Act on the Ownership of Apartments in a de lege lata framework, presenting the most important features of the currently applicable normative concept. It gave rise to de lege ferenda conclusions proposed in the conclusions to this article, in particular as regards the scope of terminology used by the lawmaker. The considerations of a theoretical and legal nature have been extended by an analysis of the views present in particular in the current jurisprudence of common courts of law and administrative courts, as well as references to normative solutions adopted of some foreign legal systems.

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Satokhina, Natalia. "Law and Unlaw (All-Ukrainian Round Table in Kharkiv)." Philosophy of law and general theory of law, no. 2 (December 22, 2021): 245–47. http://dx.doi.org/10.21564/2707-7039.2.243022.

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Vandendriessche, Xavier. "« Chronique de jurisprudence financière Mai 2021 à Janvier 2022 »." Gestion & Finances Publiques, no. 2 (March 2022): 142–62. http://dx.doi.org/10.3166/gfp.2022.2.022.

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Kresin, Oleksiy. "Principles of Positivist Jurisprudence in the Teachings of Warsaw Lawyers of the First Third of the XIX Century." Philosophy of law and general theory of law, no. 2 (December 22, 2021): 113–29. http://dx.doi.org/10.21564/2707-7039.2.242841.

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The article is devoted to the extremely rich and insufficiently studied heritage of Polish legal thought. The political and geographical determinants of the chosen research topic are the restoration of statehood in central Polish lands in 1807 (Duchy of Warsaw and the Kingdom of Poland) and the defeat of the November Uprising (1830-1831) followed by measures taken by the Russian authorities to limit the autonomy of the Kingdom of Poland. The intellectual milestones are the founding of the School of Law in 1807 (later the Faculty of Law of the University of Warsaw), and the closure of the University of Warsaw in 1831, as well as the significant emigration of scientists in the same year and the liquidation of the Society of Friends of Science in 1832. The intellectual milestones are also European (and first of all Central European) processes of legal thought evolution in the second half of the XVIII – first third of the XIX century, which led to the formation of the first and still insufficiently understood and studied positivism in jurisprudence, being a profound phenomenon that reveals the essence of positivism in legal thought in general. The study found that the basic principle of jurisprudence in the vision of most Warsaw scholars during the study period was its independence from a priori and metaphysical philosophizing, and vice versa, the formation of its own philosophical and legal discourse (philosophy of positive law) based on generalization and understanding of research results. It was recognized that legal science should be a fundamentally new system of legal knowledge – positivist and social. Recognizing the historical and modern pluralism of such an organization of knowledge, Warsaw scholars have unequivocally identified themselves with the Central European jurisprudence, the core of which is the German. Warsaw scholars believed that jurisprudence was based on historical, dogmatic and philosophical approaches. Accordingly, they considered three relatively separate areas of scientific knowledge, which together can be considered as a single legal science or a system of interrelated legal sciences. Depending on the emphasis in the views of scholars on the fundamental or applied side of legal science, this system was seen differently, as well as the subject of jurisprudence – universal or more national. It can be argued that this to some extent correlated with the predominance in the views of certain scholars of the principles of historical-philosophical or historical schools.

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Mathar, Ahmad, Hardianti Hardianti, Misbahuddin Misbahuddin, and Kurniati Kurniati. "Islamic Legal Thought Implementation in Indonesia." Journal of Sosial Science 3, no. 4 (July 30, 2022): 898–905. http://dx.doi.org/10.46799/jss.v3i4.386.

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Islamic law is a system of law derived from the Qur'an and hadith, which subsequently evolved from legal philosophy. The result of legal thought is the production of legal documents based on the requirements of the community. In Indonesia, Islamic law grows and evolves in the form of four products of legal thought: fiqh, ulama fatwas, court rulings (jurisprudence), and laws. In Indonesia, the four products of legal thinking serve as rules for Muslims in national, state, and social life. This study sought to identify the outcomes of Islamic legal thinking in Indonesia. The technique employed is qualitative. According to the findings of this study, Islamic legal thought in Indonesia is comprised of the products of fiqh thought, fatwa thought, court decision thinking (jurisprudence), and legal thought. This product of Islamic legal philosophy touches on the order of Islamic society and, despite being independent of sharia law, can serve as a firm legal foundation.

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Wahib, Moh, Sabri Samin, Barsihannoor Barsihannoor, and Muhammad Shuhufi. "THE POSITION OF MAQASID AL-SHARI’A ON FIQH OF MINORITIES." Jurnal Diskursus Islam 8, no. 2 (August 28, 2020): 117. http://dx.doi.org/10.24252/jdi.v8i2.12532.

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This paper elaborates in depth on the position of maqasid al-syari'ah towards minority fiqh. This research is a library research, descriptive in nature. This research uses normative (syar'i) and sociological theological approaches. Primary data sources are data obtained through literature studies with primary data taken from the Koran, hadith, jurisprudence books, books that study minority fiqh or others that are related to this research. The results showed that the position of maqasid al-syari ah is the foundation and foundation for the concept of minority fiqh. The format of the rules of maqasid al-syari'ah contained in minority jurisprudence, namely: First: al-taysir waraf' al-haraj (eases and raises difficulties). Second: tagayyur al-fatwa is a change in fatwa. Third: tanzil al-hajah manzilah aL-darurat (Needs occupy an emergency). Fourth: 'Urf or customs in society. Fifth: Annazru ila al-Ma'alat (seeing the legal consequences). Sixth: The congregation as a judge.

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Fateh, Mohammad, and Athoillah Islamy. "The Epystimology of Islamic Jurisprudence on Covid-19 Vaccine in Indonesia." JURNAL HUKUM ISLAM 19, no. 2 (November 25, 2021): 213–32. http://dx.doi.org/10.28918/jhi.v19i2.4420.

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The Covid-19 vaccination program in Indonesia, practically has received a pro and contra in the society. In this context, the Majelis Ulama Indonesia (MUI) came through its fatwa to respond the contra-productive of the community over the succession of the vaccination program. This study analysis the epistemological basis of Islamic law in the construction of the MUI Fatwa Number. 02 of 2021 about Covid-19 Vaccine Products from Sinovac Life Sciences Co. Ltd. China And Pt. Bio Farma (Persero). This qualitative research used philosophical approach, statute approach and conceptual approach. The results show, the epistemological construction of the MUI fatwa No. 02 of 2021 about the Covid-19 vaccine, Sinovac tends to integrate the paradigm of idealism and realism of Islamic law. The tendency of the integrative paradigm can be seen from the epistemological basis of the MUI fatwa formulation on the halalness of the Sinovac Covid-19 vaccine, which is normative-deductive and empirical-inductive, beside that still use preventive fiqh rules (sad al-dhariah) and benefit (maslahatul mursalah) as the basis for formulating a fatwa. This conclusion can be seen in various elements in the epistemological construction of the MUI Fatwa. First, universal ethical moral values â€‹â€‹('am) are taken from the texts (al-Qur'an and Hadith). Second, several fiqh rules emphasize the sadd al-zari'ah (preventive action) and maslahah mursalah (public benefit). Third, the opinion of classical scholars. Fourth, the thought of experts regarding the Covid-19 vaccine.

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Journal articles on the topic 'Earth Jurisprudence'

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