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Open access Aug 2026

Law, Morality And Social Order: A Critical Examination

Law is a system of rules which is recognized by a particular country or community for regulating the actions of its members and enforce by the imposition of sanctions. Law and morality are interrelated. Law represents the formal rules and regulations established by a recognized authority. The relationship between law a...

J. Yadav, Mamta Rani · 0 citations
Open access Sep 2026

The principle of the rule of law and contemporary trends towards consensus between natural law and legal positivism

The article emphasizes that certainty, clarity, and comprehensibility of legal norms are fundamental characteristics of law in general and of the rule of law in particular. Ambiguous legal provisions give rise to divergent, and sometimes contradictory, interpretations, making compliance difficult even for law-abiding c...

M. Kelman, Rostyslav Kelman · 0 citations
Open access Aug 2026

PRINCIPLES, HERMENEUTICS AND THE CRITIQUE OF LEGAL FORM: TOWARD AN EMANCIPATORY RECONSTRUCTION OF LEGAL RATIONALITY

This article examines whether the renewed normative role of constitutional principles and legal argumentation is sufficient to overcome formalism without shifting adjudication toward judicial decisionism. Its objective is to critically reconstruct contemporary legal rationality through a dialogue among post-positivism,...

José Sérgio de Jesus, Renan Fabian Lisboa · 0 citations
Open access

The Principle of Good Faith in International Law: Between Morality and Binding Force

The principle of good faith (bona fides) occupies an ambiguous but indispensable position in the architecture of international law. Rooted in Roman private law and moral philosophy, it has gradually migrated into the public international legal order, acquiring normative force through treaty codification, judicial prono...

A. Bakhronov · 0 citations
Open access Sep 2026

The Evolution of Legal Rights in Contemporary Jurisprudence: From Natural Rights to Human Rights and Constitutionalism

The concept of legal rights has undergone a profound transformation from its philosophical origins in natural law to its contemporary recognition as a cornerstone of constitutional governance and international human rights law. Initially grounded in the belief that rights are inherent, universal, and derived from natur...

J. Yadav, Mamta Rani · 0 citations
Aug 2026

Necessity, Legal Reasoning, and Value in the Islamic Legal Tradition: The Case of the Starving Person

In this article, I examine juristic discourses from the fifth/eleventh through tenth/sixteenth centuries on the hypothetical case of a starving person taking another’s food or property across four Sunni schools of law. Examination of these juristic discourses provides insight into an active, creative debate about the...

Danalyn Lee · 0 citations

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