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 Legal Knowledge and Analogy written by P. J. Nerhot and published by . This book was released on 1990-12-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Analogy between States and International Organizations written by Fernando Lusa Bordin and published by Cambridge University Press. This book was released on 2018-11-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses how an analogy between States and international organizations has influenced the development of international law.
Download or read book Legal Knowledge and Information Systems written by IOS Press and published by IOS Press. This book was released on 2013-11-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the same way that it has become part of all our lives, computer technology is now integral to the work of the legal profession. The JURIX Foundation has been organizing annual international conferences in the area of computer science and law since 1988, and continues to support cutting-edge research and applications at the interface between law and computer technology. This book contains the 16 full papers and 6 short papers presented at the 26th International Conference on Legal Knowledge and Information Systems (JURIX 2013), held in December 2013 in Bologna, Italy. The papers cover a wide range of research topics and application areas concerning the advanced management of legal information and knowledge, including computational techniques for: classifying and extracting information from, and detecting conflicts in, regulatory texts; modeling legal argumentation and representing case narratives; improving the retrieval of legal information and extracting information from legal case texts; conducting e-discovery; and, applications involving intellectual property and IP licensing, online dispute resolution, delivering legal aid to the public and organizing the administration of local law and regulations. The book will be of interest to all those associated with the legal profession whose work involves the use of computer technology.
Download or read book Legal Knowledge Based Systems written by H. Prakken and published by . This book was released on 1994 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Talmudic Reasoning written by Leib Moscovitz and published by Mohr Siebeck. This book was released on 2002 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of explicit legal concepts and principles in rabbinic literature reflects rabbinic legal thought at its most creative and sophisticated, as many of these concepts and principles deal with abstract, metaphysical entities. In this study Leib Moscovitz systematically surveys the development and impact of abstraction and conceptualization in the various legal corpora of rabbinic literature, illustrating the critical and unique role that conceptualization plays in talmudic reasoning. He demonstrates how the analysis of rabbinic conceptualization can shed light on numerous important aspects of rabbinic scholarship, such as the character and development of rabbinic legal thought, techniques of rabbinic legal exegesis, rabbinic jurisprudence, and various philological and historical issues in rabbinics, such as the chronology of the anonymous stratum of the Babylonian Talmud. Rabbinic conceptualization, though unique in many respects, shares certain features with cognate disciplines, and this study utilizes these disciplines (mainly jurisprudence, cognitive psychology, and philosophy) to illuminate rabbinic conceptualization wherever relevant. The themes addressed in this study include the use of casuistics, generalization, and implicit conceptualization in the earlier strata of rabbinic literature, classification and legal definition, legal fictions, legal explanation, analogy and association, and the development and use of explicit legal concepts and principles in the later strata of rabbinic literature.
Download or read book Legal Reason written by Lloyd L. Weinreb and published by Cambridge University Press. This book was released on 2016-10-05 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.
Download or read book Collateral Knowledge written by Annelise Riles and published by University of Chicago Press. This book was released on 2011-05 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who are the agents of financial regulation? Is good (or bad) financial governance merely the work of legislators and regulators? Here Annelise Riles argues that financial governance is made not just through top-down laws and policies but also through the daily use of mundane legal techniques such as collateral by a variety of secondary agents, from legal technicians and retail investors to financiers and academics and even computerized trading programs. Drawing upon her ten years of ethnographic fieldwork in the Japanese derivatives market, Riles explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates, Riles suggests, is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. Riles seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.
Download or read book A Practical Treatise on the Analogy Between Legal and General Composition written by Samuel Higgs Gael and published by Wentworth Press. This book was released on 2019-02-25 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Analogical Reasoning in Law written by Maciej Koszowski and published by Cambridge Scholars Publishing. This book was released on 2019-04-02 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
Download or read book A Practical Treatise on the Analogy Between Legal and General Composition written by Samuel Higgs Gael and published by . This book was released on 1840 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Forgiveness and Law Grounded in Principles Interpreted by Human Analogies written by Bushnell Horace and published by Wentworth Press. This book was released on 2019-03-04 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Five Types of Legal Argument written by Wilson Ray Huhn and published by . This book was released on 2002 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.
Download or read book Legal Method and the Rule of Law written by Sebastián Urbina and published by Springer Science & Business Media. This book was released on 2002-08-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
Download or read book Legal Institutions written by D.W. Ruiter and published by Springer Science & Business Media. This book was released on 2001-11-30 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.
Download or read book Aquinas and Modern Law written by JamesBernard Murphy and published by Routledge. This book was released on 2017-07-05 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects some of the best recent writings on St. Thomas?s philosophy of law and includes a critical examination of Aquinas?s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas?s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.
Download or read book Justice to Future Generations and the Environment written by H.P. Visser 't Hooft and published by Springer Science & Business Media. This book was released on 1999-06-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the discussion about obligations to future generations by arguing that a principle of justice, according to which we must share the environmental resources of the planet with future generations, must be considered to be part of the just basic structure of society. The argument is based on a close study of Rawls' theory of justice and particularly of its treatment of the future generations issue. But the author claims that the affirmation of a principle of justice towards future generations must be accompanied by the attempt to articulate the motives that shape a concern with the fate of future persons in the first place. In order to consider, and further, its real chances, we must put the perspective of justice between generations, with its very detached character, within the context of our view from the present such as it is situated in historical time. This opens a fascinating but difficult field of inquiry about inter-generational value and its different aspects. Although it is centred on the theory of justice and on general ethics, the book also pays attention to the legal issues raised by the notion of a future-oriented just basic structure of society.
