{"title":"THE STATE COUNCIL IN M. RÖMERIS’ DIARIES","authors":"","doi":"10.13165/jur-23-30-2-01","DOIUrl":"https://doi.org/10.13165/jur-23-30-2-01","url":null,"abstract":"","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"60 50","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138950591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"DIFFERENT STRATEGIES FOR EXPLOITING THE PROTECTION OF INTELLECTUAL PROPERTY AND THE FUNDAMENTAL CHALLENGES OF THEIR EVALUATION IN EU COMPETITION LAW","authors":"","doi":"10.13165/jur-23-30-2-06","DOIUrl":"https://doi.org/10.13165/jur-23-30-2-06","url":null,"abstract":"","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"48 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138948951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-15DOI: 10.1080/20403313.2023.2290954
Brian Flanagan
Is the field of general jurisprudence catching up – or is it simply getting distracted? Whereas legal philosophy has always featured claims about the content of the folk concept of law, it is only ...
{"title":"The burning armchair: can jurisprudence be advanced by experiment?","authors":"Brian Flanagan","doi":"10.1080/20403313.2023.2290954","DOIUrl":"https://doi.org/10.1080/20403313.2023.2290954","url":null,"abstract":"Is the field of general jurisprudence catching up – or is it simply getting distracted? Whereas legal philosophy has always featured claims about the content of the folk concept of law, it is only ...","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138716867","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-15DOI: 10.1080/20403313.2023.2287329
Jonathan Turner
The expressive theory of paternalism holds that an action is paternalistic when and because it expresses the insulting idea that the actor knows better than the person acted upon. I argue that the ...
{"title":"On the expressive theory of paternalism","authors":"Jonathan Turner","doi":"10.1080/20403313.2023.2287329","DOIUrl":"https://doi.org/10.1080/20403313.2023.2287329","url":null,"abstract":"The expressive theory of paternalism holds that an action is paternalistic when and because it expresses the insulting idea that the actor knows better than the person acted upon. I argue that the ...","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138688623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-20DOI: 10.1080/20403313.2023.2281929
Kenneth Einar Himma
Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2023)
发表于《法理学:法律和政治思想的国际期刊》(出版前，2023年)
{"title":"Replacement naturalism and the limits of experimental jurisprudence","authors":"Kenneth Einar Himma","doi":"10.1080/20403313.2023.2281929","DOIUrl":"https://doi.org/10.1080/20403313.2023.2281929","url":null,"abstract":"Published in Jurisprudence: An International Journal of Legal and Political Thought (Ahead of Print, 2023)","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"18 46","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138521477","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./wymc3495
Bunyod Islomov
This paper analyzes the institution of mitigation of punishment in the criminal legislation of the Arab Republic of Egypt, including retroactive effect of criminal law, sentencing for inchoated offences committed at the stage of attempt, sentencing taking into account mitigating and aggravating factors, the features of criminal liability of minors, the procedure for more lenient sentencing, offences with mitigated composition provided for by the Special Part of the Criminal Code of the Arab Republic of Egypt, issues of pardon and amnesty, mitigation of punishment and releasing from punishment for offences committed in complicity, probation, parole, provocation, some issues of criminal liability of legal persons, sentencing for offences committed in a state of insanity and diminished responsibility, sentencing in a plea agreement, the role of special laws and the Code of Criminal Procedure Law of the country in mitigating of criminal punishment, and as a final conclusion, provides proposals on the implementation of some of criminal law norms of the Arab Republic of Egypt to the Criminal Code of the Republic of Uzbekistan as well.
{"title":"\"INSTITUTION OF MITIGATION OF PUNISHMENT IN THE CRIMINAL LEGISLATION OF THE ARAB REPUBLIC OF EGYPT\"","authors":"Bunyod Islomov","doi":"10.51788/tsul.jurisprudence.3.5./wymc3495","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./wymc3495","url":null,"abstract":"This paper analyzes the institution of mitigation of punishment in the criminal legislation of the Arab Republic of Egypt, including retroactive effect of criminal law, sentencing for inchoated offences committed at the stage of attempt, sentencing taking into account mitigating and aggravating factors, the features of criminal liability of minors, the procedure for more lenient sentencing, offences with mitigated composition provided for by the Special Part of the Criminal Code of the Arab Republic of Egypt, issues of pardon and amnesty, mitigation of punishment and releasing from punishment for offences committed in complicity, probation, parole, provocation, some issues of criminal liability of legal persons, sentencing for offences committed in a state of insanity and diminished responsibility, sentencing in a plea agreement, the role of special laws and the Code of Criminal Procedure Law of the country in mitigating of criminal punishment, and as a final conclusion, provides proposals on the implementation of some of criminal law norms of the Arab Republic of Egypt to the Criminal Code of the Republic of Uzbekistan as well.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"68 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312466","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./ewgv2867
Akmaljan Gulomov
Relations that arise in social life are regulated by a number of institutions of various legal fields. In particular, in the field of civil law, there are such relations that arise and are formed between the subjects of civil law, whose development is ensured by the legal heirs of the participating parties due to the occurrence of a specific life situation. This institution is called succession in civilization. This article examines the definition of the institution of succession, the issues of universal and singular legal succession, and their application in civil law. In particular, succession is the phenomenon of the transfer of property rights and obligations from one person to another directly on the basis of a law or contract. Legal succession can be universal or singular. In universal legal succession, the totality of all rights and obligations belonging to one person is transferred to the second person. For example, when several legal entities are merged, it can be seen that all the rights and obligations of the predecessors are transferred to the newly established legal entity in the order of universal succession. Singular succession means the transfer of rights to a certain part of the property, not the whole. The institution of succession is widely used in relations involving citizens and legal entities.
{"title":"INSTITUTE OF SUCCESSION AND ITS APPLICATION IN CIVIL LAW","authors":"Akmaljan Gulomov","doi":"10.51788/tsul.jurisprudence.3.5./ewgv2867","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./ewgv2867","url":null,"abstract":"Relations that arise in social life are regulated by a number of institutions of various legal fields. In particular, in the field of civil law, there are such relations that arise and are formed between the subjects of civil law, whose development is ensured by the legal heirs of the participating parties due to the occurrence of a specific life situation. This institution is called succession in civilization. This article examines the definition of the institution of succession, the issues of universal and singular legal succession, and their application in civil law. In particular, succession is the phenomenon of the transfer of property rights and obligations from one person to another directly on the basis of a law or contract. Legal succession can be universal or singular. In universal legal succession, the totality of all rights and obligations belonging to one person is transferred to the second person. For example, when several legal entities are merged, it can be seen that all the rights and obligations of the predecessors are transferred to the newly established legal entity in the order of universal succession. Singular succession means the transfer of rights to a certain part of the property, not the whole. The institution of succession is widely used in relations involving citizens and legal entities.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./orfk6897
Azizjon Yuldoshev
"The article examines the legislation and practice of Uzbekistan, international standards, and foreign experience in studying public opinion. The purpose of the study is to improve the legal basis of this process and eliminate existing shortcomings. During the study of national legislation, it was established that the concept of “studying public opinion” needs to be improved, the procedure for its implementation has not been developed, the forms and means of its implementation are accordingly absent from scientific circulation and have not been applied according to their meaning, and other problems have been identified. Views, practices, and regulations about public opinion and its study were studied through analysis, functional, structural, comparative, formal, legal, and other methods. As a result, the content of public opinion and its study were revealed, and the definition in national legislation of the general rules of this process was justified, including the need to determine the information that should be published to assess the quality and impartiality of the results of the study and the need to prohibit their publication during a referendum and on the day before it starts. The author put forward a proposal to entrust the Association of Sociologists of Uzbekistan and the Central Election Commission with the development of methodological recommendations for the study of public opinion and control over the implementation of these recommendations and legal norms in this area with the election commissions."
{"title":"ISSUES OF LEGAL REGULATION OF PUBLIC OPINION STUDY","authors":"Azizjon Yuldoshev","doi":"10.51788/tsul.jurisprudence.3.5./orfk6897","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./orfk6897","url":null,"abstract":"\"The article examines the legislation and practice of Uzbekistan, international standards, and foreign experience in studying public opinion. The purpose of the study is to improve the legal basis of this process and eliminate existing shortcomings. During the study of national legislation, it was established that the concept of “studying public opinion” needs to be improved, the procedure for its implementation has not been developed, the forms and means of its implementation are accordingly absent from scientific circulation and have not been applied according to their meaning, and other problems have been identified. Views, practices, and regulations about public opinion and its study were studied through analysis, functional, structural, comparative, formal, legal, and other methods. As a result, the content of public opinion and its study were revealed, and the definition in national legislation of the general rules of this process was justified, including the need to determine the information that should be published to assess the quality and impartiality of the results of the study and the need to prohibit their publication during a referendum and on the day before it starts. The author put forward a proposal to entrust the Association of Sociologists of Uzbekistan and the Central Election Commission with the development of methodological recommendations for the study of public opinion and control over the implementation of these recommendations and legal norms in this area with the election commissions.\"","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./kzas4713
Bauirjan Yermekbayev
In this article, the concept of search, which is considered an investigative action in the criminal process, and the issues of procedural guarantees of individual rights and legal interests during the search are analyzed in detail. In this regard, the norms defined in the criminal-procedural legislation on the concept of search and the views of experts and scientists in this regard were studied, and the definition of this concept was developed by the author. In turn, the different aspects from the concept of seizure investigative action are revealed. In criminal procedural legislation, the investigator is given broad powers to independently resolve issues related to the rights, freedoms, and interests of the individual during the search. This article analyzes the conditions that the investigator and participants must follow during the search. Since the search process is directly related to the right of individuals to privacy of residence, the article researches the national and international legislation on guaranteeing the right to privacy of residence in the implementation of this investigative action. Also, based on this scientific research, reasonable conclusions were made regarding the specific aspects of conducting a search in different places, including issues related to the rights and guarantees of diplomatic missions and their employees who have diplomatic immunity when a search is conducted in the territory of a diplomatic mission.
{"title":"CONCEPT OF SEARCH AND PROCEDURAL GUARANTEES OF INDIVIDUAL RIGHTS AND LEGAL INTERESTS DURING SEARCH","authors":"Bauirjan Yermekbayev","doi":"10.51788/tsul.jurisprudence.3.5./kzas4713","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./kzas4713","url":null,"abstract":"In this article, the concept of search, which is considered an investigative action in the criminal process, and the issues of procedural guarantees of individual rights and legal interests during the search are analyzed in detail. In this regard, the norms defined in the criminal-procedural legislation on the concept of search and the views of experts and scientists in this regard were studied, and the definition of this concept was developed by the author. In turn, the different aspects from the concept of seizure investigative action are revealed. In criminal procedural legislation, the investigator is given broad powers to independently resolve issues related to the rights, freedoms, and interests of the individual during the search. This article analyzes the conditions that the investigator and participants must follow during the search. Since the search process is directly related to the right of individuals to privacy of residence, the article researches the national and international legislation on guaranteeing the right to privacy of residence in the implementation of this investigative action. Also, based on this scientific research, reasonable conclusions were made regarding the specific aspects of conducting a search in different places, including issues related to the rights and guarantees of diplomatic missions and their employees who have diplomatic immunity when a search is conducted in the territory of a diplomatic mission.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139313060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./hbmf3796
Bobir Nurmatov
"In the context of the modernization and reform of our country, the reforms that protect rights and are carried out in the field of judicial law are primarily aimed at comprehensive protection of human rights, freedoms, and legal interests. These are gradual and gradual reforms, giving the state the role of the main reformer, ensuring the rule of law, and implementing a strong social policy. Also, today there are problems related to the relevance of preliminary inquiry and investigation processes. However, from the point of view of identifying problematic situations or cases in our legislation by scientists and practitioners, the results studied or analyzed are still not fully resolved. As a result of detecting, preventing, or exposing certain types of crimes, the consequences of the wrong application of our law are happening. In this regard, we have analyzed the description of some methods of detection and exposure of crimes committed through staging. At the end of the analysis, we have made suggestions regarding the situations that should be paid attention to in the practice of staging investigations. This article is devoted to these issues. "
{"title":"DESCRIPTION OF SOME METHODS OF DETERMINING AND DISCOVERING CRIMES COMMITTED THROUGH DRAMATIZATION","authors":"Bobir Nurmatov","doi":"10.51788/tsul.jurisprudence.3.5./hbmf3796","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./hbmf3796","url":null,"abstract":"\"In the context of the modernization and reform of our country, the reforms that protect rights and are carried out in the field of judicial law are primarily aimed at comprehensive protection of human rights, freedoms, and legal interests. These are gradual and gradual reforms, giving the state the role of the main reformer, ensuring the rule of law, and implementing a strong social policy. Also, today there are problems related to the relevance of preliminary inquiry and investigation processes. However, from the point of view of identifying problematic situations or cases in our legislation by scientists and practitioners, the results studied or analyzed are still not fully resolved. As a result of detecting, preventing, or exposing certain types of crimes, the consequences of the wrong application of our law are happening. In this regard, we have analyzed the description of some methods of detection and exposure of crimes committed through staging. At the end of the analysis, we have made suggestions regarding the situations that should be paid attention to in the practice of staging investigations. This article is devoted to these issues. \"","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：