Results 1 to 10 of about 321,908 (232)
Hartʼs judicial discretion revisited [PDF]
Revus, 2023 The Harvard Law Review recently, for the first time, published Hart’s essay titled “Discretion”. It is a carefully arranged version of the lecture which he gave at Harvard in 1956. This essay fills significant gap in Hart's work concerning judicial reasoning. In my paper attention is devoted to his conception of judicial discretion, its two main types (
Goran Dajović
semanticscholar +4 more sources
Economic Justification of Judicial Discretion
Studia Iuridica Lublinensia, 2020 The thesis of this article is that judicial discretion can be justified by economic reasons. Therefore, the work is divided into three parts. First, there are presented two basic approaches towards judicial discretion which are present in Polish legal ...
Tomasz Guzik
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Gender inequality and judicial discretion in Muslims divorce of Indonesia
Cogent Social Sciences, 2023 Divorce of Muslims should be carried out in court, as opposed to the classical fiqh teachings still adhered to in some countries. In practice, this process is still gender biased and detrimental to women.
Ramadhita Ramadhita +2 more
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Open Axiology in Judicial Interpretation of Law and Possible Misuse of Discretion
Studia Iuridica Lublinensia, 2020 The subject of the article is to determine the extent to which the judicial interpretation of the law is affected by the use of an open axiology argument in the course of adjudication.
Leszek Leszczyński
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HERMENEUTICS FLEXIBLE AND JUDICIAL DISCRETION
Revista Eletrônica do Curso de Direito da UFSM, 2016 This article aims to discuss judicial discretion in the application of legal principles in the context of liquid modernity. This article, through the literature review method, demonstrate the consequences and dangers in the use of interpretative methods ...
Eduardo Augusto Salomão Cambi +1 more
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Judicial Fact Discretion [PDF]
The Journal of Legal Studies, 2006 Does it matter for the outcome of a trial who the judge is? Legal practitioners typically believe that the answer is yes, yet legal scholarship sees trial judges as predictably enforcing established law. Following Frank (1951), we suggest here that trial judges exercise considerable discretion in finding facts, which explains the practitioners ...
Gennaioli, Nicola, Shleifer, Andrei
+8 more sources
DISCRETIONARY TRENDS AND CONTRADICTIONS OF LEGAL PRACTICE: INDIVIDUAL MANIFESTATIONS AND OPTIMIZATION TECHNOLOGIES [PDF]
Legal Bulletin, 2022 The article is devoted to the analysis of the negative manifestations of the discretion of subjects of judicial, law enforcement and advocacy as a functionally significant potential determining its systemic and functional trends and contradictions.
VALIEV R.G.
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Al-Ahwal: Jurnal Hukum Keluarga Islam, 2023 This article addresses how the legalisation of unregistered marriages works in Indonesian day-to-day practices. It understands people’s strategies to legalise their unregistered marriage and examines the state activities of granting legalisation.
Muhammad Latif Fauzi
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Al-Risalah, 2023 In Religious Courts, numerous cases within the sphere of absolute authority are not exclusively fortified by material legal sources through legislation.
Yusna Zaidah +11 more
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