Results 251 to 260 of about 182,045 (310)
Some of the next articles are maybe not open access.
Legal concepts and legal expertise
Synthese, 2020A recent wave of empirical legal scholarship reports surprising findings about various concepts of legal significance, including the concept of acting intentionally, causation, consent, knowledge, recklessness, reasonableness, and law itself. These studies typically examine laypeople, but often draw broader conclusions about legal experts or law ...
openaire +1 more source
International Organization, 2000
We develop an empirically based conception of international legalization to show how law and politics are intertwined across a wide range of institutional forms and to frame the analytic and empirical articles that follow in this volume. International legalization is a form of institutionalization characterized by three dimensions: obligation ...
Kenneth W. Abbott +4 more
openaire +1 more source
We develop an empirically based conception of international legalization to show how law and politics are intertwined across a wide range of institutional forms and to frame the analytic and empirical articles that follow in this volume. International legalization is a form of institutionalization characterized by three dimensions: obligation ...
Kenneth W. Abbott +4 more
openaire +1 more source
Legal Capital: An Outdated Concept? [PDF]
European Business Organization Law Review, 2006 This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors’ interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an ‘opt in’ (or default) legal capital regime is unlikely to be a useful ...
openaire +2 more sources
2022
Abstract This chapter develops an understanding of direct discrimination (disparate treatment) and indirect discrimination (disparate impact) in different jurisdictions, and examines the extent to which they can achieve the four-dimensional understanding of equality.
openaire +1 more source
Abstract This chapter develops an understanding of direct discrimination (disparate treatment) and indirect discrimination (disparate impact) in different jurisdictions, and examines the extent to which they can achieve the four-dimensional understanding of equality.
openaire +1 more source
2012
We propose a framework for reconstructing the arguments supporting the restrictive interpretations of legal provisions. The idea is that the interpretation of legal concepts may require to change the counts-as rules defining them. Some connections with revision theory techniques are considered.
GOVERNATORI, GUIDO +3 more
openaire +2 more sources
We propose a framework for reconstructing the arguments supporting the restrictive interpretations of legal provisions. The idea is that the interpretation of legal concepts may require to change the counts-as rules defining them. Some connections with revision theory techniques are considered.
GOVERNATORI, GUIDO +3 more
openaire +2 more sources
2018
Concept-formation is an important component of law-formation. Well-developed legal orders are profoundly conceptual in nature. Throughout Western legal history, legislators have aimed at basing their law-making on concepts of a general scope (such as ‘property’, ‘possession’, ‘usufruct’, ‘criminal intent’ and many others) – and even more so legal ...
openaire +1 more source
Concept-formation is an important component of law-formation. Well-developed legal orders are profoundly conceptual in nature. Throughout Western legal history, legislators have aimed at basing their law-making on concepts of a general scope (such as ‘property’, ‘possession’, ‘usufruct’, ‘criminal intent’ and many others) – and even more so legal ...
openaire +1 more source
2007
Translated by Benjamin D. Tyrybon “Ernst: Wovon ich einen Begriff habe, das kann ich auch mit Worten ausdrücken. Falk: Nicht immer; und oft wenigstens nicht so, daß andre durch die Worte vollkommen eben denselben Begriff bekommen, den ich dabei habe.” (Lessing 1948: 65) Against the ...
openaire +1 more source
Translated by Benjamin D. Tyrybon “Ernst: Wovon ich einen Begriff habe, das kann ich auch mit Worten ausdrücken. Falk: Nicht immer; und oft wenigstens nicht so, daß andre durch die Worte vollkommen eben denselben Begriff bekommen, den ich dabei habe.” (Lessing 1948: 65) Against the ...
openaire +1 more source
1990
Law is about rights and duties, usually in relation to property of some kind. The only entities which have the capacity of exercising rights or undertaking duties are those which the law recognises as having personality. All human beings have personality in the eyes of English law, but so have certain other entities known as corporations.
openaire +1 more source
Law is about rights and duties, usually in relation to property of some kind. The only entities which have the capacity of exercising rights or undertaking duties are those which the law recognises as having personality. All human beings have personality in the eyes of English law, but so have certain other entities known as corporations.
openaire +1 more source
Fundamental Legal Conceptions Reconsidered
Canadian Journal of Law & Jurisprudence, 2003Fundamental legal conceptions are considered in relation to the analytical concerns of Hohfeld and Bentham, and also in relation to the normative concerns of constitutional and common law protection of rights and liberties. The use of a square of opposition to expound fundamental conceptions is rejected in favour of “a triangle of possibilities”. It is
openaire +1 more source