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Overcoming legal formalism and the protection of the Slovak Republic Constitutionalism
Аналітично-порівняльне правознавствоThe principles are considered the basic ones as they constitute the contradistinguished component-part between the lawful state and another state establishment. However, it would be naive to think and to rely on the reality that the only creation of the
J. Ondrová, M. Úradník
doaj +1 more source
Fundamental Legal Concepts: A Formal and Teleological Characterisation [PDF]
SSRN Electronic Journal, 2006 We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to others' obligations), permissive rights, erga-omnes rights, normative conditionals, liability ...
openaire +5 more sources
American Business Law Journal, Volume 63, Issue 2, Page 105-127, Summer 2026.Abstract In the face of powerful criticism, the “reliance interest” continues to hold an impactful position in judicial and academic treatment of contract damages. And yet, the theoretical foundation of reliance damages for breach of contract remains unsettled.
Yehuda Adar, Efi Zemach
wiley +1 more source
Vertentes do Direito, 2017 The art. 334, § 2, of CPC / 2015, establishes that there may be more than one session for conciliation and mediation, provided that it does not exceed two (2) months from the date of the first session.
Vinicius Pinheiro Marques +1 more
doaj +1 more source
Legal formalism versus pragmatism
National Courts and Preliminary References to the Court of Justice, 2021 semanticscholar +1 more source
Legal Realism and Australian Constitutional Law
, 2022 Our traditional understanding of judicial decision-making is that judges apply the law to a set of facts and reach a result. This is known as legal formalism. But what if this is backwards?
Patrick, Jeremy
core
Fairness at Risk: Where Bias Emerges in Machine Learning
Expert Systems, Volume 43, Issue 6, June 2026.ABSTRACT Artificial intelligence and machine learning (ML) now shape decisions in healthcare, finance and security, but they can reproduce historical prejudice and inequality. Bias in training data and in model implementation can amplify harm, especially for racial and gender minorities.
Otavio de Paula Albuquerque +2 more
wiley +1 more source
Contract Exposition and Formalism
, 2017 Formalism in contract law has had many defenders and many critics. What courts need, however, is an account of when formalist approaches work and when they do not.
Klass, Gregory, Gregory Klass
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The Howard Journal of Crime and Justice, Volume 65, Issue 2, Page 105-114, June 2026.ABSTRACT Drawing from Arnstein's original ladder model, and the political philosophy of Dewey, Fraser and Pitkin, it is argued that people with lived experience of the justice system require a coherent social movement if they are to be collectively empowered by lived experience consultations.
Aaron Hart
wiley +1 more source
Becoming legal: feminism and abortion law in 1970s Italy
Journal of Law and Society, Volume 53, Issue 2, Page 211-238, June 2026.Abstract Conventional top‐down approaches to legal reform tend to overlook the contributions of social movements in legal change, often resulting in a gender‐blind analysis. In response, I advance ‘becoming legal’ as an analytical framework to rethink legal change in terms of a bottom‐up process encompassing informal proceedings as well as formal ...
ELENA CARUSO
wiley +1 more source