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A hybrid derivation method for the conceptual analysis of legal knowledge bases
In knowledge-based legislative engineering, the conceptual analysis of legal knowledge bases is to be used to compare and detect differences of variants of the legal document being prepared.
Laima Paliulionienė
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Judicial interpretation of legal texts: a study in Jordanian legislation
When applying legal texts to the facts of a case, these texts may conflict with each other, or the conflict may exist in the same text, or they may be obscured or deficient. It is incumbent upon the judge to interpret these texts and remove the conflict,
Mashal Mufleh Jarrah +2 more
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Softwarepatents - A change of Law? [PDF]
This paper examines whether the granting of patents to software is just the consequent application of traditional patent law to a modern form of inventions or constitutes a substantial change of the patent law which, in a democratic society, should only ...
Rabenstein, Soeren
core
Baby M and the Cassandra Problem [PDF]
Part I of this essay outlines the facts of the Baby M case and traces the reasoning the New Jersey Supreme Court used to justify the legal conclusions that it reached. Part II then identifies the three common analytical techniques or modes of argument on
Spann, Girardeau A
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How Law’s Nature Influences Law’s Logic
Classical logic is based on an underlying view of the world, according to which there are elementary facts and compound facts, which are logical combinations of these elementary facts.
Hage Jaap
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Empirical Legal Research: The Gap between Facts and Values and Legal Academic Training
While traditional legal scholarship is under pressure and debates are taking place on the aims and methods of the academic study of law, at the same time empirical legal research is blossoming if not booming. The more empirical legal research is a growth
Frans L. Leeuw
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Judicial Fact Discretion [PDF]
Does it matter for the outcome of a trial who the judge is? Legal practitioners typically believe that the answer is yes, yet legal scholarship sees trial judges as predictably enforcing established law. Following Frank (1951), we suggest here that trial
Andrei Shleifer, Nicola Gennaioli
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A note on death penalty executions and business cycles in U.S. federal states: Is there any nexus? [PDF]
Only legal facts should affect the application of the death penalty. This maxim is manifested in the U.S. constitution and stipulated by the Supreme Court.
Bernd Süssmuth
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Improving bioethical decision-making with a little help from legal argumentation [PDF]
The most appropriate method for clinical decision-making is deliberation. The deliberative procedure aims to achieve wise and prudent decisions about health care taking into account facts, values and norms.
Seoane, José Antonio
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FACTUAL INDETERMINACY IN INTERNATIONAL TAX LAW
Legal indeterminacy comes in a variety of forms identified here as: (i) general legal indeterminacy; (ii) factual indeterminacy; and (iii) Mach/Feyerabend factual indeterminacy.
B. Bogenschneider
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