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The Role of logic in Contract Interpretation [PDF]

open access: yesآموزه‌‌های فقه مدني, 2022
To determining the relationship between logic and contract interpretation it could be paid attention to logic from two views: particular and general.
Homayoun Mafi, Ali Reza Bahari
doaj   +1 more source

Fallacies in Judicial Interpretation [PDF]

open access: yes, 2021
<p>This thesis concerns fallacies in judicial interpretation. The central contention of this thesis is that judges commit certain fallacies when interpreting language and that it is possible to detect such fallacies and arrive at alternative, non-fallacious interpretations when they occur. An instance of judicial interpretation is fallacious when
openaire   +1 more source

Roadmap on Comparative Law in the Case-Law and Practice of the Supreme Courts of the EU

open access: yesUtrecht Law Review, 2021
This document was developed following research and debates of the Network of Presidents of the Supreme Judicial Courts of the European Union. The document is intended to support the courts in this network in a practical way when considering and ...
Maarten Feteris
doaj   +1 more source

A Neural-Network-Based Model of Charge Prediction via the Judicial Interpretation of Crimes

open access: yesIEEE Access, 2020
The neural-network-based charge prediction, which is to predict the defendants’ charges from the criminal case documents via neural network, has been a development-potential affair in artificial intelligence (AI) based legal assistant system and made ...
Xinchuan Li   +5 more
semanticscholar   +1 more source

Open Axiology in Judicial Interpretation of Law and Possible Misuse of Discretion

open access: yesStudia 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.
L. Leszczyński
semanticscholar   +1 more source

The theory of legal restraints: the actual limits of the judge’s lawmaking power from the perspective of the neorealist theory of interpretation

open access: yesRUDN Journal of Law, 2023
The modern methodology of judicial interpretation is characterized by an apology of the realistic style of judicial interpretation. The basic theses of the realistic theory of interpretation are the voluntarism of the author of official interpretation ...
Daria A. Fatalieva
doaj   +1 more source

INTERPRETATION AND SPECIFICATION OF LAW STANDARDS AND PRINCIPLES BY THE JUDICIAL BODIES

open access: yesИзвестия высших учебных заведений. Поволжский регион: Общественные науки, 2020
Background. Judicial interpretation and concretization of the norms and principles of law have different points of view in theory and practice, but this does not exclude the possibility of their application in judicial proceedings as a means of ensuring
P. A. Guk
doaj   +1 more source

The Basis of Constitutional Adjudication in Germany

open access: yesFiat Justisia, 2022
The Federal Constitutional Court of Germany plays a pivotal role in upholding judicial independence by safeguarding human rights within the framework of the Basic Law. A comprehensive analysis of the Court's jurisdiction reveals that its primary function
Nge Nge Aung
doaj   +1 more source

Constitutional Principles in Bosnia and Herzegovina: Legal Theory and Judicial Deciding

open access: yesLaw: Journal of the University of Latvia, 2018
The basic thesis of this essay is that constitutional principles and legal rules can have a meaning in judicial decision, when legal order imparts significance to judicial practice. Research and analysis of implementation of constitutional principles in
Davor Trlin
doaj   +1 more source

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