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Unsettled facts: On the transformational dynamism of evidence in legal discourse [PDF]

open access: yesText and Talk, 2008
In this article I conduct an examination of discursive identity of a legal ‘object’ in the course of its treatment by various figures in the legal process.
Alexander V Kozin
exaly   +2 more sources

Legal Theory and Sociological Facts

Law and Philosophy, 1998
The authors investigate MacCormick and Weinberger's claim that the Institutional Theory of Law provides a conceptual framework for the study of legal phenomena from a socio-legal point of view. They evaluate this claim by confronting both the Institutional Theory of Law and Weinberger's theory of action with two approaches in socio-legal theory, i.e ...
de Groot, Muriel, Oude Vrielink, Mirjan
openaire   +1 more source

Fact Based Legal Benefits Services

2015
One of the organisations in charge of developing and delivering legal services in the Netherlands is the Dutch Tax and Customs Administration (DTCA). Next to Tax and Customs, DTCA is also responsible for benefits (like housing allowance, health care insurance allowance, childcare allowance).
Gert Veldhuijzen van Zanten   +2 more
openaire   +1 more source

THE CONCEPT OF LEGAL FACT

Ex jure, 2018
the article makes a critical analysis of the dominant in science concept and signs of legal fact. The author concludes that some of the signs traditionally invested by lawyers in the notion of a legal fact do not adequately describe the essence of this phenomenon.
openaire   +1 more source

Explaining Legal Facts

SSRN Electronic Journal, 2007
This paper was presented at the American Philosophical Association's 2007 Berger Prize session. It is a reply to Jeffrey Brand-Ballard's comment on my paper, How Facts Make Law, which was awarded the 2007 Berger Memorial Prize for the outstanding paper in philosophy of law published during 2004 and 2005.
openaire   +1 more source

Law and Fact in Legal Development

The University of Toronto Law Journal, 1967
L AWYERS inquire into the history of their rules and institutions to find out how things came to be as they are, and they generally assume that the facts behind each development are in themselves well known to historians. Historians search the legal sources for some trace of those same elusive facts, and their assumption is that the relevant law is ...
openaire   +1 more source

Law, fact and legal language

Law and Philosophy, 1999
This paper discusses the difference between the factual and the legal, both as to terms and as to statements, on the analogy of the methodologists' distinction of the observational and the theoretical. No absolute distinction exists, and pure ‘brute facts’ do not exist in law because of the socialisation of physical world and juridification of the ...
openaire   +1 more source

THE DEATH AS A LEGAL FACT

Proceedings of the IX International Scientific Conference "Social Changes in the Global World" – Young researchers 2022, 2022
Shkurte Kadri, Tea Lalevska
openaire   +1 more source

Legal Authority as a Social Fact

Law and Philosophy, 2000
From a sociological point of view, theconceptual and logical relations between the norms oflegal order represent empirical and causal relationsbetween social actors. The claim that legal authorityis based on the validity of empowering norms means,sociologically, that the capability to enact andenforce legal norms is based on an empirical transferof ...
openaire   +1 more source

Fact, Law, and Legal Change

2018
In the preceding chapter, I attempted to show the rationale of bifurcation. I now want to discuss its effects. My argument, in essence, is that in the long run bifurcation in common law systems causes laws to change.
openaire   +1 more source

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