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 Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.

Download or read book Interpretation Des Heiligen written by Martin Kriele and published by LIT Verlag Münster. This book was released on 1999 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hermeneutic path involved in the interpretation of law as well as in the interpretation of sacred texts, though peculiar, seems - as Emilio Betti pointed out - to share several things, most importantly the "normative" nature of interpretation. The 1999 issue of the Yearbook "Ars Interpretandi" accounts for the several and disparate relationships between these two important "regional hermeneutics".

Download or read book Language Culture Computation Computing for the Humanities Law and Narratives written by Nachum Dershowitz and published by Springer. This book was released on 2014-12-04 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift volume is published in Honor of Yaacov Choueka on the occasion of this 75th birthday. The present three-volumes liber amicorum, several years in gestation, honours this outstanding Israeli computer scientist and is dedicated to him and to his scientific endeavours. Yaacov's research has had a major impact not only within the walls of academia, but also in the daily life of lay users of such technology that originated from his research. An especially amazing aspect of the temporal span of his scholarly work is that half a century after his influential research from the early 1960s, a project in which he is currently involved is proving to be a sensation, as will become apparent from what follows. Yaacov Choueka began his research career in the theory of computer science, dealing with basic questions regarding the relation between mathematical logic and automata theory. From formal languages, Yaacov moved to natural languages. He was a founder of natural-language processing in Israel, developing numerous tools for Hebrew. He is best known for his primary role, together with Aviezri Fraenkel, in the development of the Responsa Project, one of the earliest fulltext retrieval systems in the world. More recently, he has headed the Friedberg Genizah Project, which is bringing the treasures of the Cairo Genizah into the Digital Age. This second part of the three-volume set covers a range of topics related to the application of information technology in humanities, law, and narratives. The papers are grouped in topical sections on: humanities computing; narratives and their formal representation; history of ideas: the numerate disciplines; law, computer law, and legal computing.

Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Download or read book Interpretation without Truth written by Pierluigi Chiassoni and published by Springer. This book was released on 2019-06-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer. This book was released on 2017-07-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Download or read book Aesthetics of Law written by Kamil Zeidler and published by Springer Nature. This book was released on with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Redefining Organised Crime A Challenge for the European Union written by Stefania Carnevale and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definition of organised crime has long been the object of lively debate, at national and international level. Sociological and legal analysis has not yet led to one definitive answer to the question of what exactly 'organised crime' means. Nonetheless, many instruments adopted both at international and national levels set forth special legal regimes designed to target criminal groups featuring a stable organisation, which are perceived as particularly dangerous to society. Therefore, identifying the notion of organised crime is crucial to establishing the scope of any legal instrument specifically designed for combating it. The aim of this book is to reassess the scope, the effectiveness and the overall coherence of existing definitions of organised crime, and to identify any need for a reconsideration of these definitions, specifically with reference to the EU legal order. It will be of interest to academics, practitioners and legislators working in the sphere of EU criminal law and of organised crime more generally.

Download or read book Studia Patristica Athanasius and his opponents Cappadocian Fathers other Greek writers after Nicaea written by Elizabeth A. Livingstone and published by Peeters Publishers. This book was released on 1997 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the Twelfth International Conference on Patristic Studies held in Oxford 1995 (see also Studia Patristica 29, 30, 31 and 33). The successive sets of Studia Patristica contain papers delivered at the International Conferences on Patristic Studies, which meet for a week once every four years in Oxford; they are held under the aegis of the Theology Faculty of the University. Members of these conferences come from all over the world and most offer papers. These range over the whole field, both East and West, from the second century to a section on the Nachleben of the Fathers. The majority are short papers dealing with some small and manageable point; they raise and sometimes resolve questions about the authenticity of documents, dates of events, and such like, and some unveil new texts. The smaller number of longer papers put such matters into context and indicate wider trends. The whole reflects the state of Patristic scholarship and demonstrates the vigour and popularity of the subject.

Download or read book Man Law and Modern Forms of Life written by Eugenio Bulygin and published by Springer Science & Business Media. This book was released on 1985-06-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the 11th IVR World Congress on Philosophy of Law and Social Philosophy ... held on August 14-20, 1983 in Helsinki"--Introd.

Download or read book Challenges to Legal Theory written by María José Falcón y Tella and published by BRILL. This book was released on 2021-01-18 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges to Legal Theory offers the reader a fascinating journey through a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.

Download or read book International Workshop Expert Systems Their Applications written by and published by . This book was released on with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Statutory Interpretation written by Douglas Walton and published by Cambridge University Press. This book was released on 2021-01-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.

Download or read book Law Interpretation and Reality written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.

Download or read book Tax Treaty Interpretation written by Michael Lang and published by Kluwer Law International B.V.. This book was released on 2001-12-19 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed survey of tax treaty interpretations in 16 European countries taking into account court decisions since 1993, the OECD reports on partnership, changes in administrative practice at national level and recent Community law effecting taxation and tax practice.

Download or read book Proceedings of the World Congress of the International Association for Philosophy of Law and Social Philosophy IVR written by Internationale Vereinigung für Rechts- und Sozialphilosophie and published by Franz Steiner Verlag. This book was released on 2004 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: