Download or read book Ratio Legis written by Verena Klappstein and published by Springer. This book was released on 2018-05-02 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.

Download or read book Ratio Legis written by and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Ration Legis written by and published by . This book was released on 2022* with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Consultation and the Presbyterial Council written by Randolph Roque Untalan Calvo and published by . This book was released on 1986 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A History of Islamic Legal Theories written by Wael B. Hallaq and published by Cambridge University Press. This book was released on 1997 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.

Download or read book Islamic Disputation Theory written by Larry Benjamin Miller and published by Springer Nature. This book was released on 2020-07-13 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the evolution of Islamic dialectical theory (jadal) over a four-hundred year period. It includes an extensive study of the development of methods of disputation in Islamic theology (kalām) and jurisprudence (uṣūl al-fiqh) from the tenth through the fourteenth centuries. The author uses the theoretical writings of Islamic theologians, jurists, and philosophers to describe the concept Overall, this investigation looks at the extent to which the development of Islamic modes of disputation is rooted in Aristotle and the classical tradition. The author reconstructs the contents of the earliest systematic treatment of the subject by b. al-Rīwandī. He then contrasts the theological understanding of dialectic with the teachings of the Arab Aristotelians–al-Fārābī, Avicenna, and Averroes. Next, the monograph shows how jurists took over the theological method of dialectic and applied it to problems peculiar to jurisprudence. Although the earliest writings on dialectic are fairly free of direct Aristotelian influence, there are coincidences of themes and treatment. But after jurisprudence had assimilated the techniques of theological dialectic, its own theory became increasingly influenced by logical terminology and techniques. At the end of the thirteenth century there arose a new discipline, the ādāb al-baḥth. While the theoretical underpinnings of the new system are Aristotelian, the terminology and order of debate place it firmly in the Islamic tradition of disputation.

Download or read book Guide to Latin in International Law written by Aaron Xavier Fellmeth and published by Oxford University Press. This book was released on 2009 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or 'restored' one. Each entry is also cross-referenced to related terms for ease of use.

Download or read book A Law Dictionary and Glossary written by Alexander Mansfield Burrill and published by . This book was released on 1870 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

Download or read book The Roman Law of Damage to Property written by Bernhard Erwin Grueber and published by . This book was released on 1886 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Law Dictionary Adapted to the Constitution and Laws of the United States of America and of the Several States of the American Union written by John Bouvier and published by . This book was released on 1879 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Lectures on Jurisprudence Or the Philosophy of Positive Law written by Robert Campbell and published by . This book was released on 1885 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book lectures on jurisprudence written by robert campbell and published by . This book was released on 1885 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book In quatuor libros Institutionum juris civilis commentari cum municipali Bononi jure Quibus pr mittitur Introductio ad studium juris civilis Edidit Comes Vincentius Saccus Quarta editio written by Vicentius SACCUS (Count.) and published by . This book was released on 1744 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Dictionary of American and English Law written by Stewart Rapalje and published by . This book was released on 1883 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Elements of Law Considered with Reference to Principles of General Jurisprudence written by Sir William Markby and published by . This book was released on 1905 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Remuneration of Copyright Owners written by Kung-Chung Liu and published by Springer. This book was released on 2017-05-04 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evaluates existing and explores new mechanisms for the adequate payment of copyright owners for the use of their works. The underlying assumption is that adequate rewards to creators and subsequent right holders will continue to be a goal of copyright law (particularly to incentivize further creation and investment). In the search for viable methods it first focuses on the reduction of transaction costs and the role of new technologies. It also discusses the further development and broader application of new mechanisms that might be necessary to enhance the adequacy and efficiency of payment systems, since the more onerous payment systems are, the more irrelevant copyright risks become due to lack of acceptance, and the less likely both are to fulfill their functions.