Zur Christologie

Schlink, Edmund

doi:10.14315/vf-1942-0306

Cited by 1 publication

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Similar elements in the content of the principle of proportionality are highlighted by S. Tsakirakis [10,11]. Thus, he argues that the principle of proportionality is a three-point test used in evaluation of: a) whether a measure that imposes a restriction on human rights is appropriate to achieve a particular goal; b) whether it is necessary for this purpose; c) does not it unduly burden a person compared to the benefits it is meant to provide [12].…”

Section: The Law Of Conflict Naturementioning

confidence: 62%

Dichotomy of principles and rules in R. Alexy’s dual theory of law

Sattorov

2021

SHS Web Conf.

View full text Add to dashboard Cite

The purpose of the study is a comparative legal analysis of approaches to principles and rules in R. Alexy’s dual theory of law. The methodological basis of the study are the following fundamental methods of scientific knowledge: general methods (analysis, synthesis, induction, deduction, analogy), as well as special methods (comparative-legal and formal-legal). The application of these methods allowed to subject R. Alexy’s theory of law to an in-depth comparative legal study and to reveal the dichotomy of the principles and rules operating in it. The result of the study was the author’s conclusion that weighing formal and material principles is not only possible, but also a necessary process. In addition, it should be mentioned that the dictate of optimization always requires the implementation of a weighing procedure, and that principles in theory are always implemented indirectly through rules. The principles themselves are the subject of optimization, and the dictate of optimization is the rule. Thus, principles are the basis of rules, and rules are the product of principles. The novelty of the study lies in the author’s approach to the analysis of the dichotomy of principles and rules in the dual theory of law of R. Alexy, as well as the application of mathematical apparatus to substantiate the findings.

show abstract

Section: The Law Of Conflict Naturementioning

confidence: 62%

Dichotomy of principles and rules in R. Alexy’s dual theory of law

Sattorov

2021

SHS Web Conf.

View full text Add to dashboard Cite

show abstract

Zur Christologie

Cited by 1 publication

References 0 publications

Dichotomy of principles and rules in R. Alexy’s dual theory of law

Dichotomy of principles and rules in R. Alexy’s dual theory of law

Contact Info

Product

Resources

About