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 Scientific and Legal Applications of Bloodstain Pattern Interpretation written by Stuart H. James and published by CRC Press. This book was released on 1998-06-29 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1955 when Dr. Paul Kirk first presented a bloodstain evidence affidavit in State of Ohio v. Samuel Sheppard, expert testimony on bloodstain interpretation has gained wide acceptance in U.S. courts. Scientific and Legal Applications of Bloodstain Pattern Interpretation brings together some of the most respected and noted experts in forensic science, the law, and bloodstain interpretation to provide a comprehensive overview of the discipline. It discusses research, applications, and the current view of bloodstain pattern interpretation within the legal system at the trial and appellate court levels, as well as scientific approaches and developments in the field. Scientific and Legal Applications of Bloodstain Pattern Interpretation will help attorneys who are questioning and cross-examining expert witnesses have a good working knowledge of bloodstain interpretation. Included is a full-color atlas of bloodstains, in conjunction with a glossary of terms and an outline of basic laboratory experiments that are commonly used in the discipline. Among the outstanding contributions in this volume you will find: An excellent chapter by Carol Henderson discusses the legal and ethical aspects of bloodstain pattern evidence in detail. A post-conviction analysis by Marie Elena Saccoccio evaluates how bloodstain evidence can play a role in the appeal process. Misinterpretation and overinterpretation of bloodstain evidence can occur in our courts of law-be prepared to effectively analyze the evidence and the testimony with Scientific and Legal Applications of Bloodstain Pattern Interpretation.
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proportionality Balancing and Rights written by Jan-R. Sieckmann and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Download or read book Interpretivism and the Limits of Law written by Tomasz Gizbert-Studnick and published by Edward Elgar Publishing. This book was released on 2022-12-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
Download or read book Research Handbook on Legal Evolution written by Wojciech Zaluski and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.
Download or read book Pozna School of Legal Theory written by Paweł Kwiatkowski and published by BRILL. This book was released on 2021-02-08 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.
Download or read book Scientific Knowledge and Its Social Problems written by and published by Transaction Publishers. This book was released on with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science is continually confronted by new and difficult social and ethical problems. Some of these problems have arisen from the transformation of the academic science of the prewar period into the industrialized science of the present. Traditional theories of science are now widely recognized as obsolete. In Scientific Knowledge and Its Social Problems (originally published in 1971), Jerome R. Ravetz analyzes the work of science as the creation and investigation of problems. He demonstrates the role of choice and value judgment, and the inevitability of error, in scientific research. Ravetz's new introductory essay is a masterful statement of how our understanding of science has evolved over the last two decades.
Download or read book Meta theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-10-04 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Download or read book Legal Knowledge and Information Systems written by F. Bex and published by IOS Press. This book was released on 2016-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: As with almost every other part of our daily lives, information technology is now indispensable in the legal sphere. The variety of applications has grown, keeping pace with developments in the wider field of artificial intelligence: logic and argument have been joined by statistical methods and data, and knowledge engineering has been enriched by machine learning. This book presents the papers delivered at the 29th International Conference on Legal Knowledge and Information Systems – JURIX 2016, held in Nice, France, in December 2016. From the 56 submissions received for the conference, 11 were selected for publication as full papers, 10 as short papers, and 10 as posters, which are included in the proceedings for the first time. The papers address a wide range of topics at the interface of Artificial Intelligence (AI) and Law, such as argumentation, norms and evidence, network science, information retrieval, and natural language processing. Many of the theories and technologies explored in the papers are drawn from real-life materials, including cases brought before the European Court of Human Rights, Dutch and Greek legal texts, and international investment agreements and contracts. Reflecting the many facets and the interdisciplinary character of AI and Law, the book will be of interest to all those whose work involves them in these fields.
Download or read book Scientific and Legal Applications of Bloodstain Pattern Interpretation written by Stuart H. James and published by CRC Press. This book was released on 2018-02-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1955 when Dr. Paul Kirk first presented a bloodstain evidence affidavit in State of Ohio v. Samuel Sheppard, expert testimony on bloodstain interpretation has gained wide acceptance in U.S. courts. Scientific and Legal Applications of Bloodstain Pattern Interpretation brings together some of the most respected and noted experts in forensic science, the law, and bloodstain interpretation to provide a comprehensive overview of the discipline. It discusses research, applications, and the current view of bloodstain pattern interpretation within the legal system at the trial and appellate court levels, as well as scientific approaches and developments in the field. Scientific and Legal Applications of Bloodstain Pattern Interpretation will help attorneys who are questioning and cross-examining expert witnesses have a good working knowledge of bloodstain interpretation. Included is a full-color atlas of bloodstains, in conjunction with a glossary of terms and an outline of basic laboratory experiments that are commonly used in the discipline. Among the outstanding contributions in this volume you will find: An excellent chapter by Carol Henderson discusses the legal and ethical aspects of bloodstain pattern evidence in detail. A post-conviction analysis by Marie Elena Saccoccio evaluates how bloodstain evidence can play a role in the appeal process. Misinterpretation and overinterpretation of bloodstain evidence can occur in our courts of law-be prepared to effectively analyze the evidence and the testimony with Scientific and Legal Applications of Bloodstain Pattern Interpretation.
Download or read book Gadamer and Law written by FrancisJ.Mootz Iii and published by Routledge. This book was released on 2017-07-05 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans-Georg Gadamer‘s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer‘s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer‘s hermeneutical philosophy. Part I considers the relevance of Gadamer‘s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer‘s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
Download or read book Rhetorical Knowledge in Legal Practice and Critical Legal Theory written by Francis J. Mootz and published by University of Alabama Press. This book was released on 2006-11-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Decolonisation of Legal Knowledge written by Amita Dhanda and published by Taylor & Francis. This book was released on 2012-04-27 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of this book is that legal theory in general, and critical legal theory in particular, do not facilitate the identification of choices being made in the different facets of law -- whether in the enacting, interpreting, administering or theorising of law.
Download or read book Objectivity in Jurisprudence Legal Interpretation and Practical Reasoning written by Villa-Rosas, Gonzalo and published by Edward Elgar Publishing. This book was released on 2022-10-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.
Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-09 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
