Download or read book Is Analogy a Decision Process in English Law written by Fiori Rinaldi and published by . This book was released on 1967 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Knowledge and Analogy written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.
Download or read book Reflections on International Law written by Tim McCormack and published by BRILL. This book was released on 2023-05-25 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: For 40 years Lindy Melman has been a publisher in heart and soul. Some of the authors she encountered along the way have dedicated an essay to her to celebrate this milestone. This book contains essays written by leading human rights and international law scholars from different parts of the world, discussing a wide range of topics, from indigenous peoples to the persistent relevance of the travaux préparatoires of the Genocide Convention and the conflict between EU law and international investment law.
Download or read book Universals of Legal Reasoning by Judges written by Thomas Lundmark and published by Oxford University Press. This book was released on 2024-05-07 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
Download or read book The Inadequacy of the Contractual Analogy in the Law of Treaties written by Evangelos Raftopoulos and published by . This book was released on 1990 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Three Dimensional Theory of Law written by María José Falcon y Tella and published by BRILL. This book was released on 2010-04-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Download or read book Analogy and Value written by Robert Graydon Scofield and published by . This book was released on 2001 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The English Legal System written by Gary Slapper and published by Routledge. This book was released on 2009-04-15 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2009. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Slapper and Kelly s The English Legal System written by David Kelly and published by Taylor & Francis. This book was released on 2024-06-21 with total page 930 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slapper and Kelly’s The English Legal System explains and critically assesses what law is, how it is made and applied, and how it affects the general public. This latest edition has not only been restructured and updated, but extensively refocused, to provide a reliable analysis of the contemporary legal system in the sociopolitical uncertainty of a post-Brexit, post-Covid UK. It retains the key learning features of: useful chapter summaries which act as a good checkpoint for students; ‘food for thought’ questions at the end of each chapter to prompt critical thinking and reflection; sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; and a fully updated online resource for students and instructors. Trusted by generations of academics and students, this authoritative textbook is a permanent fixture in this ever-evolving subject.
Download or read book Precedent in English Law written by Rupert Cross and published by Clarendon Press. This book was released on 1991-06-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.
Download or read book The English Legal System written by David Kelly and published by Routledge. This book was released on 2015-06-12 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slapper and Kelly’s The English Legal System explains and critically assesses how our law is made and applied. Annually updated, this authoritative textbook clearly describes the legal rules of England and Wales and their collective influence as a sociocultural institution. This latest edition of The English Legal System has been substantially rewritten and updated to include: increased focus on human rights law, law and morality, family law and the family courts, updates on access to justice and legal aid, expanded coverage of legal services, and further consideration on alternative dispute resolution to reflect changes in practice. Key learning features include: • a clear and logical structure with short, manageable, well-structured individual chapters; • useful chapter summaries which act as a good check point for students; • sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; • an online skills network including practical examples, tips, advice and interactive examples of English law in action. Relied upon by generations of students, Slapper and Kelly’s The English Legal System is a permanent fixture in this ever-evolving subject. Companion Website Here you can find a bank of activities and exercises corresponding to the chapters in the book designed to give you the opportunity to test your knowledge and further your understanding of the English legal system. These include: News and updates Podcasts Comprehensive legal skills guide Multiple choice questions Interactive glossary
Download or read book Juridische Argumentation written by Hubert Hubien and published by . This book was released on 1971 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the papers which will be discussed during the afternoon round tables ; the papers read during the plenary sessions, with possibly a summary of the discussions, will be published as a Beiheft of the Archiv für Rechts- und Sozialphilosophie.
Download or read book English As a Legal Language written by Christine Rossini and published by Martinus Nijhoff Publishers. This book was released on 1998-09-18 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "English as a Legal Language is a lawyer's plain language guide to English legal terminology. Anyone who finds it difficult to express legal terms in English simply looks under the general heading to find the relevant terms and their usage. This book can also be used to find explanations of words from a translating dictionary. Further, it is structured as a thesaurus, organized according to topic with an alphabetical index. More and more, lawyers need the English language. But attempts to convert the language to meet one's own purpose often result in misconceptions. English legal language has its roots in the Anglo-American legal tradition and the non-native speaking lawyer may have difficulty understanding a word choice in English without also seeing how it fits into legal thinking and relates to other words in the subject area as a whole. "English as a Legal Language offers a comparative lexicon of US and UK legal systems, with references to European legal systems. Special features of this work include: - The vocabulary of an entire area of law in each section; - A verb section which provides guidance on substantives, adjectives, adverbs, phrases, usage, as well as sample sentences and clues about typical mistakes; and - An index which gives an alphabetical rendition of the topically ordered definitions - essential for words that have multiple definitions. All lawyers working in English, and especially continental European lawyers, will find this book indispensable in their practices. The book is also of prime interest to business people, accountants, translators, legal secretaries and students. It will enable all practitioners and academics to express complex ideas inEnglish, to understand the intricacies of English as a legal language, and to avoid the potential mishaps, when language barriers prevent a true meeting of minds.
Download or read book English Law written by Gary Slapper and published by Routledge. This book was released on 2009-06-26 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether you are engaged in the study of law, are considering studying law at university, are a business professional or want to find out more about the law in general, Slapper and Kelly's English Law offers a clear, lively and reliable point of entry to the law in England and Wales. Presented in an easy-to-read style, it provides readers with an accurate explanation of how the English legal system currently works and the content of English law in all its key areas of operation, including criminal law, contract law and the law of negligence. An invaluable introduction, English Law is an excellent resource for students of the English legal system and English law, as well as for professionals and general readers.
Download or read book Psychology of Decision Making in Legal Health Care and Science Settings written by Gloria R. Burthold and published by Nova Publishers. This book was released on 2007 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a fast-moving world, the necessity of making decisions, and preferably good ones, has become even more difficult. One reason is the variety and number of choices perhaps available which often are not presented or understood. Alternatives are often unclear and complex paths to them confusing and misleading. Thus the process of decision making itself requires analysis on an ongoing basis. Decision making is often made based on cultural factors whereas the best alternative might be quite different. The subject touches ethical aspects as well as psychological considerations. This book presents important research on the psychology of decision making related to law and law enforcement, health care and science.
Download or read book The Three Paths of Justice written by Neil Andrews and published by Springer. This book was released on 2018-05-08 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised second edition takes account of developments in the field of dispute resolution, including mediation and arbitration. The book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first (revised) book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
Download or read book Analogies in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2016 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.
