Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship

Taekema, Sanne

doi:10.1007/s10982-020-09388-1

Cited by 25 publications

(17 citation statements)

References 8 publications

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“…This, according to the scholar, enables different models of legal system development to be tested. A similar view is held by S. Taekema (Taekema, 2021), who also develops a theory of empirical evaluations of the principles of law in order to determine the effectiveness of the legal system and to identify factors influencing legal relations.…”

Section: Literature Reviewmentioning

confidence: 88%

Modern globalization transformations: methodological approaches

Myroslav¹,

Horbova

Krap

et al. 2022

Cuest. Pol.

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The modern state of legal relations is characterized by the growing influence of globalization factors. These lead to global transformations of the international legal system, in which the methodology of understanding the principles of law is of significant importance. The aim of the article was to explore the methodological framework for identifying the key approaches to understanding the principles of law in modern globalization transformations. The methodological basis consists of methods such as: systematic analysis, generalization, systematization, graphical analysis and cluster tabulator. The results of the studies have established that global transformations have a destructive impact on the principles of law. They deepen the processes of unclear distinction at the international and national levels. It has been found that in the countries of Central and Eastern Europe approaches to the understanding of the principles of law differ from each other. It has been found that Germany and Slovenia set higher standards for the application of the principles of law and are more globalized than Hungary, Romania, Bulgaria and Croatia. It has been suggested that special measures should be designed in which the principles of law act as an instrument of globalization.

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Section: Literature Reviewmentioning

confidence: 88%

Modern globalization transformations: methodological approaches

Myroslav¹,

Horbova

Krap

et al. 2022

Cuest. Pol.

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“…14 We revisit the idea of form within rule of law thought in Section 3.1. 15 Institutional dimensions of rule of law theory may in turn benefit from empirical research to be fleshed out: see Taekema (2021) for a provocation to a philosophers of the rule of law to pay greater attention to empirical and doctrinal resources. 16 We return to the significance of courts within rule of law thought in Section 2.4. the basic idea underscoring the rule of law, namely, 'that the law should be capable of providing effective guidance' (Raz, 1979: 218).…”

Section: Account #1mentioning

confidence: 99%

Revisiting the Rule of Law

Rundle

2022

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This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought. Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of the rule of law is typically approached by those who set out to theorise it. Part 2, 'Untangling the Rule of Law', asks whether it is possible to untangle the rule of law from the various contributions, companions, connections, conflations and controversies with which it tends to be associated. Part 3, 'Revisiting the Rule of Law', signals to new frontiers of rule of law thought by addressing the assumptions about legal form that shape its theoretical treatment, and by investigating what we know about the people who carry its burdens and benefit from its offerings.

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“…The position of international law in the legal system in general is based on the assumption that international law is a type which is part of law in general. This assumption is based on the fact that international law is an effective set of provisions and principles that actually live in reality so that they have an effective relationship with provisions and principles in other fields of law (Taekema, 2021). The other most important field of law is the field of national law.…”

Section: Introductionmentioning

confidence: 99%

Juridical Review of International and National Law Relationships

Rahmat

2023

EAJMR

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The Civil Law system tends (although not always) to be less receptive to the extradition of its citizens. As a result, their systems allow the exercise of jurisdiction over their citizens over offenses committed abroad. Common Law countries. Formulation of the problem how the relationship between international law and national law. This research is a normative legal research. This research studies law which is conceptualized as a norm or rule that applies in a society and becomes a reference for everyone's behavior. The approach used is a conceptual approach that departs from the views of experts and doctrines that have developed in international law and national law as a unified legal system in the pyramid of universal law so that international law has priority.

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Methodologies of Rule of Law Research: Why Legal Philosophy Needs Empirical and Doctrinal Scholarship

Cited by 25 publications

References 8 publications

Modern globalization transformations: methodological approaches

Modern globalization transformations: methodological approaches

Revisiting the Rule of Law

Juridical Review of International and National Law Relationships

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