INDEX OF GAD FRANKO'S LEGAL OPINIONS
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Abstract
Dolğun, Murat Can; Milaslı Gad Franko'nun Hukuki Bilgiler Mecmuası (Eski Harfli Sayıların Makale Fihristi ve Yazar Dizini, Eylül 1926-Kasım 1928) THTA Türk Hukuk Tarihi Araştırmaları, 29, 2020.
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In an own explication, spanning between the two end-poles of the evolvement of my personal line of thought from problem perception to a systematic explanation, cf., by the author, 'Chose juridique et réification en droit: contribution à la théorie marxiste sur la base de l'Ontologie de Lukács' in Archives de Philosophie du Droit 25 (Paris: Sirey 1980), pp. 385-411, on the one hand, and Lectures... [note 2], on the other. See also, in an American context start-2.2. Appearances of Modern Formal Law Regulation by law always takes place with the aim of pre-defining an unspecified and unforeseeable future and, thus, in view of granting itself an eternal validity. We know, nevertheless, that the routine arising from this is always temporary: after a certain period of time, the rules will inevitably be surrounded by a divergence from the rules (in form of exceptions), which sooner or later results in the formulation of new, more detailed rules. Behind the relative permanence of the legal form, there are opposing interests pressing against each other, to be squeezed into, while being solved in, it. They continuously address-while questioning-the given form. Meanwhile, they render it liveable, by reassessing its contents through its practical interpretation-extending, narrowing, or just re-shifting its scope. Or, jurists must reason in terms of alternativity, searching for a suitable form, while the due form eventually found, crystallised as adjusted to the given task, becomes itself a donné for the next challenge, to be further formed and, thereby, also to be transcended, albeit at the same time it remains the basic assurance of the continuation of the same cultural framework for legal problem-solving, that is, of the continued respect for traditions in patterning and being patterned alike. We might say that, firstly, positive r e g u l a t i o n , secondly, the R e c h t s d o g m a t i k (elaborating conceptual contexts based on the generalisation of past practice and, thereby, demarcating its ways open towards the future) as well as, thirdly, d o c t r i n e (laying the theoretical foundations of the given branches of regulation) collectively constitute only a few fundamentals for legal practice. Of course, all this is scarcely visible in those thoroughly technicised and profoundly reified cultures in which law is rigidified into routines (as enclosed in) to the extent of becoming alienated itself; where a mass of juridified relationships, procedures and activities may require the intervention of professional management by legal technicians on a mass scale; and when our whole lives are almost entirely surrounded and mediated by various agencies of enterprise, trade and traffic, with standards reproduced in mass proportions. Well, such cultures are permeated with a constantly growing mass of formulas and thesauruses that have been generated, which then come to be 14 ON PHILOSOPHISING AND THEORISING IN LAW ing from leftist critical deconstructionism of the Critical Legal Studies, by William A.
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