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The latitude of logic in legal hermeneutics [PDF]
Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms.
Medar Suzana
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Teisinis samprotavimas: argumentacinis metodologinis požiūris
Teisinis argumentavimas, samprotavimas, teisės aiškinimas – susiję, sutampantys, o kartais tapatinami teise grįsto sprendimo priėmimo proceso aspektai. Lietuviškoje teisės doktrinoje plačiau analizuojama teisės aiškinimo, interpretavimo problematika, o ...
Eglė Mackuvienė
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The inextricable entanglement of argumentation and interpretation in law [PDF]
At the basis of tireless efforts to explain the nature of law lies the question of how judges should decide cases. Therefrom arises a need for a theory that would clarify the role of the courts and, moreover, provide guidance to them on reaching
Marković Miloš
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The article discusses topics in the context of contemporary legal argumentation. It starts with a sketch of the development of topics from ancient times until the present day.
Guenther Kreuzbauer
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The Relevance of Liturgies in the Courts of Classical Athens [PDF]
What was the function of classical Athenian courts? Did they intend to enforce the rule of law? The greatest obstacle to accepting an affirmative answer is the wide use of, at first sight and from a modern (sometimes anachronistic) perspective, remotely ...
Vasileios Adamidis
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PENAFSIRAN, PENALARAN, DAN ARGUMENTASI HUKUM YANG RASIONAL
Indonesia applys civil law system which emphasizes on written law. This is why almost ail Indonesian positive laws are written law. Implementation of written laws needs rational legal interpretation, legal reasoning and legal argumentation in order to be
Tommy Hendra Purwaka
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Ad Absurdum Argumentation in Law; A Study of its Nature, Bases and Function [PDF]
Argument is live of law, explaining the correct way of legal reasoning is of great importance in deducting legal judgment. Sometimes, it is practically useful to prove a proposition indirectly rather than directly.
Heidar Piri
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Characteristics of argumentation in general which impact legal argumentation
In this article it is claimed that legal argumentation should part from principles contained in argumentation in general. Therefore, it should be adapted to argumentative criterions which take into account the logic component (as a product), rhetoric (as
Juan Manuel Peña Castaño
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The Rationality of Legal Discourse in Habermas's Discourse Theory
This paper argues that Habermas's conception of the rationality of moral and legal discussions has import for argumentation theorists interested in the rationality of public deliberations in politics and law.
Eveline T. Feteris
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The Legal Argumentation and its utility against the Practice of Law
The practice of law consists basically in argumentation, that is why it is important to say how their functionaries get on with logic argumentation, through reason and other sciences which complete these fundamental exercise, they get better their ...
María Isabel Zamora Zumárraga
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