Results 211 to 220 of about 10,568 (264)
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Doctrinal Knowledge, Legal Doctrines and Legal Doctrinal Scholarship
SSRN Electronic Journal, 2011The essay deals with the methodological foundations of legal doctrinal scholarship. It uses as a starting point two recurrent complaints about legal doctrinal scholarship: (1) it is unable to find its place among the social sciences, and (2) its status as an academic discipline is tainted by ideological commitments.
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SSRN Electronic Journal, 2015
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous.
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Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous.
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2023
This chapter is an attempt to provide a basic understanding to law researchers of doctrinal legal research. The chapter is drafted in such a manner that it will give a systematic approach to acquainted with the doctrinal legal research. It includes the brief historical background, purpose, and steps to conduct doctrinal legal research, tools that are ...
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This chapter is an attempt to provide a basic understanding to law researchers of doctrinal legal research. The chapter is drafted in such a manner that it will give a systematic approach to acquainted with the doctrinal legal research. It includes the brief historical background, purpose, and steps to conduct doctrinal legal research, tools that are ...
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Legal Realism and Legal Doctrine
2020Legal realism is popularly known for its hostility to legal doctrine. In the familiar narrative, the realists showed that legal doctrine does not, and cannot, constrain judges from using existing legal materials to reach virtually any outcome they want. As such, doctrine only serves to hides and obfuscate what is better discussed openly. The purpose of
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SSRN 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
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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
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Islamic Law and Society, 1996
AbstractAccording to Western legal historians, the closing of the door of Ijtihād shortly after the formation of the law schools resulted in a long period of sterility in Islamic legal thought and rigid adherence to traditional rules in legal practice. But what did Muslim scholars have in mind when they used the term Ijtihād?
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AbstractAccording to Western legal historians, the closing of the door of Ijtihād shortly after the formation of the law schools resulted in a long period of sterility in Islamic legal thought and rigid adherence to traditional rules in legal practice. But what did Muslim scholars have in mind when they used the term Ijtihād?
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SSRN Electronic Journal, 2014
In this paper I reconstruct Hans Kelsen's doctrine of legality. By legality I mean here, loosely speaking, the requirement that public authority must be exercised in accordance with the law. My reconstruction of Kelsen’s doctrine is guided by two related questions: 1) what does legality require? and 2) how can this effectively be realized?
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In this paper I reconstruct Hans Kelsen's doctrine of legality. By legality I mean here, loosely speaking, the requirement that public authority must be exercised in accordance with the law. My reconstruction of Kelsen’s doctrine is guided by two related questions: 1) what does legality require? and 2) how can this effectively be realized?
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SSRN Electronic Journal, 2018
Lawyers, judges and jurists have widely been using doctrinal research as a systematic means of legal reasoning since the nineteenth century. Doctrinal research is therefore established as the traditional genre of research in the legal field. Also known as theory-testing or knowledge- building research in legal academia, it deals with studying existing ...
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Lawyers, judges and jurists have widely been using doctrinal research as a systematic means of legal reasoning since the nineteenth century. Doctrinal research is therefore established as the traditional genre of research in the legal field. Also known as theory-testing or knowledge- building research in legal academia, it deals with studying existing ...
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Legal History as Doctrinal History
2018Abstract This chapter investigates the idea of doctrine as a focus of historical scholarship, asking how the doctrinal mentality arose, and how historical approaches to doctrine emerged strongly in both common-law and civilian or Romanistic legal cultures. It first defines the meaning of ‘doctrine’, and sets out a guiding thesis.
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