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What is Legal Doctrine? [PDF]

open access: yesSSRN Electronic Journal, 2005
Legal doctrine is the currency of the law. In many respects, doctrine is the law, at least as it comes from courts. Judicial opinions create the rules or standards that comprise legal doctrine. Yet the nature and effect of legal doctrine has been woefully understudied.
Emerson H. Tiller, Frank B. Cross
openaire   +3 more sources

Legal doctrine: aspects of understanding

open access: yesПроблеми Законності, 2018
The focus of this article is the research of the nature of legal doctrine, its features, content and the role in legal practice. Actuality of the working out of the legal doctrine is closely connected with the problem of determination of its role and ...
Ігор Вікторович Семеніхін
doaj   +2 more sources

Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy [PDF]

open access: yesПенитенциарная наука, 2020
So far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view.
VITALII E. LAPSHIN   +1 more
doaj   +1 more source

Rethinking Unjust Enrichment: Advancing Distributive Justice in Indonesian Law

open access: yesRechtsidee: Law Journal, 2023
This study aims to analyze the development of the unjust enrichment doctrine in Indonesia from a progressive legal perspective. Employing normative legal research with conceptual, comparative, and legislative approaches, the study confirms that the ...
Rian Ganggas Puspatara   +1 more
doaj   +1 more source

Ultra Vires Doctrine in the Legal Framework of the United Nations Organization [PDF]

open access: yesپژوهشهای حقوقی, 2023
The doctrine of ultra vires denotes that legal institutions must function in the preconditioned framework of competences which have been envisaged for them. This doctrine has a well-established place in the law of international organizations.
Kiana Daryabeigi, Sima Moradi nasab
doaj   +1 more source

doctrine as a source of law [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2020
Research on value of doctrine in law stems from a question about the sources of the positive law. The fundamental question is Do the rules made by legal scholars have such a status that they are directly a source of law without being included in the law?
ali eslamipanah
doaj   +1 more source

The Lis pendens Doctrine in Private International Law in Iran with a Comparative Study in the Roman-German Legal System [PDF]

open access: yesپژوهشنامه حقوق تطبیقی, 2022
The Lis Pendens doctrine has been recognized as a means of preventing parallel proceedings in private international law in most Roman-German countries.
Ali Soleimani Andarvar   +2 more
doaj   +1 more source

FEATURES OF THE PERCEPTION OF ANGLO-AMERICAN LEGAL POSITIVISM IN RUSSIAN SCIENCE

open access: yesПравовое государство: теория и практика, 2022
The Anglo-American legal doctrine is traditionally perceived by Russian science as an alternative system of knowledge of law, born in fundamentally different conditions ofthe Anglo-Saxon legal family.
GORBUNOV Maxim Dmitrievich
doaj   +1 more source

The Reconstruction of the Implementation from Business Judgment Rule Doctrine in Individual Limited Liability Companies: A Progressive Legal Review

open access: yesSASI, 2023
Introduction: Individual Company is part of a legal reform which is based on efforts to empower small and medium enterprises. Individual Company are intended to empower the community's economy so that the leaders of individual Company need to receive ...
Lisma Lumentut, Liberthin Palullungan
doaj   +1 more source

The Responsibility of Law Schools: Educating Lawyers as Counselors and Problem Solvers [PDF]

open access: yes, 1995
American legal education is as strong as ever in doctrine and legal analysis; however, it is strikingly weak in teaching other foundational skills and knowledge that lawyers need as counselors, problem solvers and negotiators.
Brest, Paul
core   +4 more sources

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