Showing 1 - 10 of 15
The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. In this paper I argue that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way...
Persistent link: https://www.econbiz.de/10010553303
The author approaches in this paper one of the issues less discussed in the legal literature, being able to capture, from the logical view, the most relevant aspects of the concept of abuse of rights in terms of the general theory of law.
Persistent link: https://www.econbiz.de/10010838384
The equity is the one which suggests, in relation to the generality of norms, to take into account the facts, the personal circumstances, the uniqueness of the clause, without falling out into extremes. The just appreciation, from the judicial point of view, of each individual case is...
Persistent link: https://www.econbiz.de/10010838552
Human evolution, everything that defines diachronic social, proved that, very often, gaps are revealed after the regulation took place.When the law is imperfect or when it is silent, when it meets the new requirements resulting from changes in society, it is backward, even unjust, is it possible...
Persistent link: https://www.econbiz.de/10009204868
This study is intended as an overview of the principles and essential attributes of state sovereignty without which its existence would be impossible. Seen from a legalpoint of view, in its essence the paper has specific nuances, such as the current situation in the European Union, and also a...
Persistent link: https://www.econbiz.de/10009204940
Tackling tax evasion from the perspective of both lawfulness and unlawfulness, of intern law and the openness towards European and international legislative realities grants to this scientific approach a double meaning: it reveals the concern for the issues commonly addressed in the research...
Persistent link: https://www.econbiz.de/10010734720
The European law is an integral part of the legal system of Member States and it must be applied by their courts, stated the Justice Court of the European Union in its jurisprudence. The EEC Treaty established its own legal order, integrated into the legal system of the Member States from the...
Persistent link: https://www.econbiz.de/10010661056
This paper aims to present the relationship between ethics and law from a structural phenomenological perspective. In our opinion, the two domains are correlative, normative ethics is prior to formal establishment of the rule. Towards legal, ethics has a background and control function. Both...
Persistent link: https://www.econbiz.de/10010661103
Medical decision-making process, especially for terminal patients, must be balanced and relevant from the medical, ethical, psychological, social, cultural and religious, as well as legal points of view. Still, there should be certain limits imposed by the best interests of the patient and...
Persistent link: https://www.econbiz.de/10010661155
The social contract is an act of establishing meaning. Power relations can be understood as semiotic relations of establishing an interpretative will. Natural state, original state in most theories of social contract, is not only a pre-politic one, but also pre-semiotic. Contractualist theories...
Persistent link: https://www.econbiz.de/10010661175