Essays on the Doctrinal Study of Law

Essays on the Doctrinal Study of Law

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  • Author: Aulis Aarnio
  • Publisher: Springer Science & Business Media
  • ISBN: 9400716559
  • Category : Philosophy
  • Languages : en
  • Pages : 222

Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.


Legal Scholarship as a Source of Law

Legal Scholarship as a Source of Law

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  • Author: Fábio Perin Shecaira
  • Publisher: Springer Nature
  • ISBN: 3031603699
  • Category :
  • Languages : en
  • Pages : 168


There is no Supreme Constitution

There is no Supreme Constitution

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  • Author: Koos Malan
  • Publisher: AFRICAN SUN MeDIA
  • ISBN: 1928480268
  • Category : Political Science
  • Languages : en
  • Pages : 312

None of the articles of faith of the South African Constitution is plausible. The Constitution is not supreme and entrenched. Subject to potent socio-political forces it changes continuously and often profoundly regardless of stringent amendment requirements. The trite threefold separation of powers is more metaphorical than real and therefore unable to secure effective checks and balances. Though institutionally separated with their own personnel and functions, the three powers are ordinarily integrated in a single dominant political leadership, committed to achieving the same ideological goals. The bill of individual rights cannot guarantee justice, because rights are subject to the ideologically-driven exercise of judicial interpretation, often with damaging consequences for those relying on the bill of rights. This situation does not only apply to South Africa, but to all Constitutions premised on the same articles of faith, in this book described as the doctrine of statist-individualist constitutionalism. An improved mode of constitutionalism is called for - one which is equipped with a sounder system of checks and balances and better endowed towards the achievement of justice through a balanced constitution.


Select Essays in Anglo-American Legal History

Select Essays in Anglo-American Legal History

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  • Author: Association of American Law Schools
  • Publisher:
  • ISBN:
  • Category : Common law
  • Languages : en
  • Pages : 890


Handbook on Legal Cultures

Handbook on Legal Cultures

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  • Author: Sören Koch
  • Publisher: Springer Nature
  • ISBN: 3031277457
  • Category : Law
  • Languages : en
  • Pages : 1171

Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.


Interdisciplinary Comparative Law

Interdisciplinary Comparative Law

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  • Author: Husa, Jaakko
  • Publisher: Edward Elgar Publishing
  • ISBN: 1802209786
  • Category : Law
  • Languages : en
  • Pages : 256

This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This insightful and timely book introduces an explanatory theory for surveying global and international politics. Describing the nature and effects of democracy beyond the state, Hans Agné explores peace and conflict, migration politics, resource distribution, regime effectiveness, foreign policy and posthuman politics through the lens of democratism to both supplement and challenge established research paradigms.


Legal Interpretation and Scientific Knowledge

Legal Interpretation and Scientific Knowledge

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  • Author: David Duarte
  • Publisher: Springer Nature
  • ISBN: 3030186717
  • Category : Law
  • Languages : en
  • Pages : 253

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.


Essays on Church, State, and Politics

Essays on Church, State, and Politics

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  • Author: Christian Thomasius
  • Publisher: Natural Law and Enlightenment
  • ISBN:
  • Category : Philosophy
  • Languages : en
  • Pages : 340

The essays selected here for translation derive largely from Thomasius's work on Staatskirchenrecht, or the political jurisprudence of church law. These works, originating as disputations, theses, and pamphlets, were direct interventions in the unresolved issue of the political role of religion in Brandenburg-Prussia, a state in which a Calvinist dynasty ruled over a largely Lutheran population and nobility as well as a significant Catholic minority. In mandating limited religious toleration within the German states, the provisions of the Peace of Westphalia (1648) also provided the rulers of Brandenburg-Prussia with a way of keeping the powerful Lutheran church in check by guaranteeing a degree of religious freedom to non-Lutherans and thereby detaching the state from the most powerful territorial church. Thomasius's writings on church-state relations, many of them critical of the civil claims made by Lutheran theologians, are a direct response to this state of affairs. At the same time, owing to the depth of intellectual resources at his disposal, these works constitute a major contribution to the broader discussion of the relation between the religious and political spheres.


The Future of Law and Economics

The Future of Law and Economics

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  • Author: Guido Calabresi
  • Publisher: Yale University Press
  • ISBN: 0300216262
  • Category : Law
  • Languages : en
  • Pages : 248

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.


Advanced Introduction to Legal Research Methods

Advanced Introduction to Legal Research Methods

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  • Author: Ernst H. Ballin
  • Publisher: Edward Elgar Publishing
  • ISBN: 1788977173
  • Category : Law
  • Languages : en
  • Pages : 166

Written by Ernst Hirsch Ballin, this original Advanced Introduction uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. The author shows how such methods differ along critical, empirical, and fundamental lines, and how our understanding of these is crucial to overcoming crises and restoring trust in the law. Key topics include a consideration of law as a normative language and an examination of the common objects of legal research.