Public Law - Science topic

The age old question about theory - the I have put forward a proposition below (which I dont neccessarily agree with) - hope it generates a lively discussion and I am interested to hear from you on this facinating topic ;)

Dr Anna Kawalek

When we talk about theory in academia, any scholarly body has two main (interconnected) theoretical strands. To understand the core academic positions of any legal (or non-legal) school is to consider both aspects. The first is methodology (comprising primarily of ontological and epistemological assumptions about the law, latterly engaging relevant methods of discovering the law). This is general research philosophy applied more precisely to the subject of law (we might discuss the same paradigms in different fields, for instance, maths, physics, or sociology). This branch considers the mechanics behind making knowledge claims pertaining to whatlaw is (ontology), how we can know law (epistemology), and how these theoretical understandings create channels into relevant methods to construct knowledge. For further information, Stobbs provides an accessible overview of the academic terminology ontology, epistemology, methodology, and methods.[1]His articulation is particularly useful because it demonstrates the link between these key pillars of knowledge acquisition (ontology, epistemology, methods), each layer creating a building block for the next, and together creating rigorous methodology.[2]

The second strand concerns substantive, prescriptive, or content-drive claims about the law or what the law ought to do.[3] The focus is subject matter, content, and causal links that discusses the law, practice, and the courts. Generating substantive knowledge claims rest on a (implicitly or explicitly acknowledged) series of complementary methodological assumptions from the first strand. This makes both strands interconnected. For example, commitment to a subjectivist ontology and sociological epistemology would project a substantive theory of psycho-social variety; it is unlikely (and potentially impossible) for this type of methodology to generate a substantive claim of a natural science genre. In the alternative, an objectivist ontology and empiricist epistemology may generate substantive theory of biomedical variety. This means that every juncture of a methodological process opens up a prism of potential substantive claims, whilst closing off others. Usually, when comparing any two schools, the bigger the adjustment to methodological assumptions (what reality is and how we know it), the greater the difference in substantive claim (seeking to explain and discuss these realities). Taken together, if a methodological underpinning offers a (limited) spectrum of substantive claims, this means that literature ascribing to a similar series of methodological assumptions are likely to provoke similar genres of substantive theory. Alternatively, literature ascribing to different methodologies but examining the same phenomenon will project opposing substantive theories about that given phenomenon because they make very different theoretical commitments about the world.

In law, this point is exemplified by legal realism and formalism, two schools that are typically understood as scholarly opponents. Their ontological and epistemological beliefs mean that the realists and the formalists each respectively construct knowledge of the law and legal processes in a very different way to one-another, mobilising a very different sets of methodological benchmarks. However, at the same time, they examine similar substantive content – namely, the courts, advocacy, and juristic methods,[4] and how political standards influence adjudication.[5] The formalist position takes a normatively-infused political angle; it considers judicial decisions and how judges do and ought to decide cases, seeking to persuade practitioners to justify preferences to objective standards.[6] However, the realists reject ought questions and look at social facts and effects as they manifest in reality.[7] At risk of venturing too far into the terrains of their respective substantive claims, the key point is that they examine similar phenomena using very different methodologies. As a result, despite examining the same “thing”, they derive substantive conclusions on opposite ends of the spectrum. This serves to highlight the significance of methodological assumptions for generating substantive claims.

Are there in fact two stands when we generate theory? Discuss.

[1] Nigel Stobbs, ‘therapeutic jurisprudence as theoretical and applied research’ (chapter 3) in Stobbs, et al. [n 14] [48].

[2] Ibid.

[3] Edward L. Rubin, The Concept of Law and the New Public Law Scholarship, 89 Mich. L. Rev. 792 (1991) Available at: https://repository.law.umich.edu/mlr/vol89/iss4/3

[4] Karl N Llewellyn, ‘The Normative, the Legal, and the Law-Jobs: The Problem of Juristic Method.’ The Yale Law Journal, vol. 49, no. 8, 1940, pp. 1355–400. JSTOR, https://doi.org/10.2307/792545. Accessed 29 Jun. 2022.

[5] Jeremy Telman, ‘International legal positivism and legal realism’, in Jörg Kammerhofer & Jean D'Aspremont (Eds.) International Legal Positivism in a Post-Modern World (pp. 241-263) (Cambridge: Cambridge University Press, 2014). doi:10.1017/CBO9781139094245.012

[6] Ibid; Michael Freeman, and Dennis Lloyd of Hampstead. 2001. Lloyd's introduction to jurisprudence (chapter 9). (London: Sweet & Maxwell, 2001).

[7] Oliver Jütersonke, ‘Realist Approaches to International Law’ in Anne Orford and Florian Hoffmann The Oxford Handbook of the Theory of International Law (Oxford, Oxford University Press, 2016) DOI: 10.1093/law/9780198701958.003.0017

I'm a novice in a legal science, but I have some projects I'd like to publish, but I don't where it's better to do this. Most of my articles have 6-8 pages and they touch upon various issues of civil and public law (generally it's constitutional and international public law, not criminal). Sincerely and hopefully waiting for your responses.

What is your opinion regarding these issues?

Some legal philosophical approaches to these questions can be found in my paper "Extreme Wrong Committed by National and Supranational Inactivity: Analyzing the Mediterranean Migrant Crisis and Climate Change from a Legal Philosophical Perspective", Göttingen 2021.

A Non-profit association called "GH²MF²" is created (see attached document with legal act of the constitution and statutes): “GH²MF² – Association for a Participated Global Hydrological Monitoring and Flood Forecasting System”.

The association is non-profit and takes the financial resources to achieve its aims by the voluntary contributions of members or contributions from public or private third parties.

In any case of dissolution, the assets will be donated to charity.

The "Basic Feature" doctrine in constitutional law has its realistic origin in India. By the Kesavananda Bharati & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) no 135 of 1970) it got final face in India. But it was adopted in some other countries as well (like Bangladesh and Pakistan). It makes some parts of a constitution unamendable. The normal process of amending the provisions of the contitution doesn't apply for these parts. And this theory is distinct from the French concept of "Constitutional Block" (established by the Constitutional Council in the case of (71-44DC)). However, this basic feature doctrine basically protects the fundamental basis of the constitution, like governmental form, fundamental rights, directive principles or preamble, to some extent.

But one question remains,if you think that a balance between extreme rigidity and extreme flexibility is preferred then what is your view on imposing an extra layer of protection over some constitutional dictrines which have the features to be called as the basic feature of a constitution?

Public law و Private law and criminal law as well as international and ...

In recent times, there have been many topics on how artificial intelligence can be used in finance: automatic financial advice, new tools, more accurate prediction, automatic trading, data management, poverty alleviation, new ethical dilemmas.

In the context of national Italian law or in the light of European integration

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All modern constitutions contain and declare the concept and principle of popular sovereignty, which essentially means that the people and their representative organs (like chambers) are entitled to be involved into the legislation.

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If there is gender discrimination in course of employment, whether the employer shall be liable if the discriminating act was done by the employees or agents, what is the approach to make a determination concerning the sanctions to the employer? What specific sanctions (legal responsibilities) should the employer be subjected to?

The Nahj al-Balagha is the most famous collection of sermons, letters, tafsirs and narrations attributed to Imam Ali a.s.

Communication, Public relation, economical, managerial, social, leadership, public law and a lot have discussed in the sermons and letters and the third part of the book is short sayings and it is also full of knowledge

in the Robert Bosch research group “Processes of Sustainability Transformation” at the faculty of sustainability.

At Leuphana University of Lüneburg, foundation under public law, twelve doctoral scholarships are being offered as part of the research group “Processes of Sustainability Transformation”, funded by the Robert Bosch foundation. Scholarships start October 1, 2017. 

The invitation to apply for the scholarships is targeted at extraordinarily qualified young academics working in sustainability science or in a discipline related to the individual topic of the scholarship as well as a link or interest in sustainability science. The scholarships will first be awarded for one year and will be extended upon request, adding up to a maximum of three years. Periods with alternative financial support for a doctoral qualification prior to the scholarship will be taken into account. Candidates, who have already earned a doctoral degree, cannot be considered. 

The scholarship is worth € 1,400 monthly (plus child benefit, if appropriate).

See Link for the full aplication details and info on the project.

I am researching on dysfunctionalism of international criminal law, using the ICC/AU crisis as a case study. I want to find out what damages have being done to the vision of international criminal justice system by the standoff. I do not intend to dwell on who is at fault as most literature on the subject have. What are the benefits of the international criminal justice system? Are these benefits being met in Africa and elsewhere? With the Posture of the ICC and the AU, how do we make the project work? Is the problem of a dysfunctional international criminal justice system occasioned by the textual formulation of the Rome Statute, UNSC referrals, State self-referrals, emergent Anti-ICC AU resolutions, immunities and lack of, politics, etc, etc. HOW DO WE MAKE THE INTERNATIONAL CRIMINAL JUSTICE SYSTEM WORK?

In China,rules are dicided into mandatory rules and non-mandatory ones.Besides,Chinese mandatory rules are next divided into valid mandatory rules and managerial mandatory rules. Contracts being  out of valid mandatory rules must be ineffective,however,contracts being out of managerial mandatory rules may be ineffective,which depends on details.

So I wonder if there are same or familiar kinds of mandatory rules  applied to public procurement contracts in European Union?

Thanks sooooooo much.

Dear colleagues,

I've met some troubles finding the information on freedom of economic activity as a basic human right. Anyone knows who might've been conducting research on this topic, particularly (and preferably) in ECHR cases? Any hint will be very helpful.

Thank you in advance!

Peoples decision to support the referendum to exit Britain from European Union is a right decision?

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Visa decisions on Illegal Maritime Arrivals/refugees are complex & complicated.Organizational culture of the DIBP may have an influence of their visa decisions.Therefore, measuring DIBP organizational culture is important to critically analyze DIBP decisions. 

I will start with the analysis of what is legal transplant.? and an example of legal transplant that has good result implementation on certain state.

International institutions in order to protect the global financial system have developed norms and create regulatory framework to address national credit crisis systematically as the result of the Asian financial crisis at the end of the 1990s. Indonesia became the hardest hit country because the crisis not only had economic but also significant and far-reaching politic and social implication. The international financial institutions, such as IMF used their leverage to spur not only substantive and procedural legal reforms but also the creation of entirely new state agency including a new Commercial Court. it needs some assessment of the result of this legal transplant, especially the diffusion of law in Indonesia, such as, how transplanted law has shaped Indonesian economic law, such as anti-monopoly law, bankruptcy law, corporate law, and investment law. Does the reformation of the economic law alone can improve the entire legal and judicial system of Indonesia, without other elements such as socio-cultural and political factors.? 

In FIDIC，there is a DAB to solve dispute before lawsuit  and arbitration.Just like  ad hoc arbitration is one of atbitration ways,there may be a large difiniation concept  to discribe  it.DAB‘s procedure is kind of like arbitration but its  judgement is not support by force,while arbitration is supported by force and once is it decided,one cannot go for lawsuit help？

I am working on the execution of the disability laws in India. I am looking scholars working on the issue anywhere.

About the joint distribution of profits, and alternatives to tax lien functions

In context of whole complex phenomenon of the court working

The tecnical requirements contained in the procurement public contracts make reference, along with laws and public regulations, to standards developed by private organizations of normalization. One may be wonder if this remission could produces some influence on the right of potential contractors to market free competition. An issue I am exploring in which there have been various Court of Justice judgments within the Western countries.

I am carrying a research on shareholders' rights - how to protect them and empower their rights? 

Bankruptcy as a civil institution for the settlement of debts between creditors and debtors, the public interest should not be positioned as a goal to be achieved. but on the other hand the processes and mechanisms of bankruptcy tends to be "repressive" can indirectly harm the public interest. Here the state took a role in keeping the public interest with limiting or even eliminate the rights of the creditors or the debtor in bankruptcy. While we know that the state was not free from the influence of various interests in particular of the interests of capital owners.

So we need clear yardstick in incorporating consideration of the public interest in bankruptcy to provide a balanced protection of the interests of the public and private interests.

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Any ideas on the line of argument, tips, interesting sources or official EU documents would be very helpful.

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I am conducting a research on the tax deductions that Spanish regions offer when the taxpayer incurs in certain common items of expenditure (education, health care, transport, medicines, etc.). It would be quite useful to compare them with other international experiences. 

Thanks for your time!!

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Most of the procurement public contracts in the West countries make reference to non mandatory technical norms (prepared and published by private institutions). The question is how those practices could affect the tenders right to have equal opportunities. In other words, how is the level of legal conflicts and claims  putted by bidders who believe that such norms are negatively impacting on their rights and possibilities to be selected

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One of the factors that have relevant influence on manufacturing companies competitiveness is the compliance with government regulations. The issue is to find out figures dealing with. I am exploring this issue on advanced composite manufactures allocated into industrialized countries trying to carry out proper compilations among them.

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Gender studies and advocacy have been understood to proceed from the premise that women and girls are victimized by various forms of discrimination which adversely affect their individual and collective development and depreciate their societal value. Therefore gender advocates seek to correct the imbalances. The question is: where both boys and girls suffer similar abuses, how should gender advocacy be adjusted to accommodate all interests?

Generally we know that Legal Due Diligence (LDD) can be performed in a business transaction before signing the contract. But how can it be performed in public projects? Should we use this term of LDD on legislation? Is there any guarantee that it will run well?

What mechanism should States develop to solve problem of "International Environmental Refugee" without hurting political sovereignty of the states?

I hope for some successful examples. Thank you !

For some not so obvious reasons, faith-based organisations in some developing countries like Nigeria have 'earned' substantial reputation for influencing government action (no thanks to the present Boko Haram insurgency). Should faith-based organisations speak for the people?

I am researching one specific faith-based organisation in Nigeria to determine how its activities have impacted on government policy making processes between 1980 - 2013. The Nigerian constitutions (1960, 1963, 1979, 1999) have always made provisions for a free press and religious freedom including safeguards against interference with fundamental freedoms. Should faith-based organisations speak for the people?

I am interested in a publication that would tackle this topic. I am especially interested in finding out to what extent could drones be (in the future) used legally by non-state actors against states for targeted killing, following the legal justification the US puts forward.

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hi, i need some informations about the so called "enviromental property". I studied the cases of National Trust in Britain and Conservatorie National in France but I would know other experiences connecting with this legal institute. Could somebody help me?

I know that they don't originate with the Uniform Law Commission. The New Mexico Legislature is considering extending immunity to damages caused by a dangerous condition on the land or in the facitilites that the operator knew or should have known about.