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Recognizing cited facts and principles in legal judgements [PDF]

open access: yes, 2017
In common law jurisdictions, legal professionals cite facts and legal principles from precedent cases to support their arguments before the court for their intended outcome in a current case.
Shulayeva, Olga   +2 more
core   +3 more sources

On the Prospects for African Philosophy in Australia

open access: yesAustralian Journal of Social Issues, EarlyView.
ABSTRACT This paper grapples with the situation of people of African descent in Australia by working through the constitution of the body of academic philosophy in the country. It contends with the parochialism of the Australian philosophical community and the prospects for the cultivation of greater pluralism. Taking African philosophy as one possible
Bryan Mukandi
wiley   +1 more source

Fichte's Legal Doctrine in Context

open access: yesJournal on European History of Law, 2010
This document delves into the legal philosophy of Johann Gottlieb Fichte, emphasizing its contextual relevance within the broader European legal thought influenced by Enlightenment philosophy, the French Revolution, and the codification era.
Stephan Schreiber
doaj   +2 more sources

The use of legal doctrine in judicial reasoning

open access: yesПроблеми Законності, 2017
This article is primarily concerned with investigating whether and to what extent legal doctrine actually influences judicial decision-making process in Ukraine and others countries.
Ігор Вікторович Семеніхін
doaj   +1 more source

Sitting in Many Camps—Innovative Approaches and Methods for First Nations‐Led Research Into Indigenous Peacebuilding

open access: yesAustralian Journal of Social Issues, EarlyView.
ABSTRACT In 2021, a desktop review was conducted of published references to First Nations peoples' approaches to conflict and its management in Australia (Project Stage One), culminating in a report published in 2024. This article focuses on Project Stage Two, a complex, innovative research undertaking building on the findings of Stage One, and being ...
Helen Bishop   +3 more
wiley   +1 more source

Legal doctrine as a means of constructing legal reality

open access: yesТеоретическая и прикладная юриспруденция, 2019
The article deals with the problem of the law-making meaning of legal doctrine. According to the author, the doctrine is an internally coherent segment of juridical science, with the ability to not only provide the juridical community generally accepted ...
N. V. Razuvaev
doaj  

Res divini juris as res extra commercium: a Comparative Analysis of Doctrine and Case Law

open access: yesPrávněhistorické studie
The Roman law doctrine res extra commercium has excluded certain objects from civil-legal transactions, some of which were related to divine service or otherwise religious purposes.
Anatoliy A. Lytvynenko
doaj   +1 more source

Causation, Legal History, and Legal Doctrine

open access: yesSSRN Electronic Journal, 2016
This short essay is my contribution to a conference on “opportunities for law’s intellectual history,” which took place at SUNY Buffalo Law School in the fall of 2014. The essay offers a friendly criticism of what I perceive to be a trend in legal history.
openaire   +2 more sources

Strengthening Treaty Understanding: The Role of Education in Building Durable Indigenous–State Agreements

open access: yesAustralian Journal of Social Issues, EarlyView.
ABSTRACT Education is a central mechanism for ensuring that Indigenous–State treaties are understood, supported and endure through political change. Public knowledge shapes the negotiation, acceptance, implementation and long‐term stability of agreements. In Australia, however, treaty knowledge remains fragmented.
Jacob Prehn, Harry Hobbs, Jessica Horton
wiley   +1 more source

Del precedente judicial a los precedentes obligatorios: ¿Ventaja o amenaza para los Tribunales Inferiores?

open access: yesRevista Interdisciplinar de Direito, 2018
The theories of legal argumentation, globalization in the legal field and the consolidation of constitutional jurisdictions have promoted the progressive centrality of jurisprudence in our days, thanks to the leading role recognized in the judicial ...
Nuria Belloso Martín
doaj   +1 more source

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