Results 101 to 110 of about 1,852,330 (249)

REALISME HUKUM KARL LLEWELLYN VS. RANTAI-BAJA FORMALISME PEMENANGAN CITRA KEARIFAN PRAGMATIS DALAM ALGORITMA THE LAW-JOB THEORY

Mimbar Hukum
This project aims to highlight the anatomy of The Law-Job Theory, one of the most influential philosophical theories throughout Legal Realism. This theory emerged as a response to tearing through the web of illusion created by Formalism, which is ...
Herman Bakir
doaj   +1 more source

The Politics of Deformalization in International Law

Göttingen Journal of International Law, 2011
Confronted with the pluralization of the exercise of public authority at the international level and the retreat of international law as a regulatory instrument, international legal scholars have engaged in two survival strategies.
Jean d’Aspremont
doaj   +1 more source

Dissociation and Disavowal in Discursive Norm Formation

Journal for the Theory of Social Behaviour, Volume 56, Issue 2, June 2026.
ABSTRACT Social norms are negotiated in discourses. Discourse participants join together as collective actors in order to pursue their shared interests with the help of norms. However, successfully negotiated norms neither represent the interests of all members of society, nor are all representatives of these norms completely convinced of them. Because
Marek Winkel
wiley   +1 more source

Haruki Murakami’s Legal Trilogy: A Paradigm of the Postmodern Lawyer

, 2006
My article begins by exploring the negative effects that The Paper Chase’s Hart has had on the legal profession due to the modernist world that Hart inhabits.
White, Jacob Bing
core  

The Legal Standing of the Anak Dalam Tribe in Initiating Class Action Lawsuits Regarding Land Disputes

Jurnal Litigasi
This article examines the persistent influence of legal formalism within Indonesia’s civil justice system and its implications for the protection of Indigenous Peoples’ customary land rights, particularly through class action litigation and the doctrine ...
Adithiya Diar, Amanda Dea Lestari
doaj   +1 more source

The Disenchantment of Logically Formal Legal Rationality or Max Weber\u27s Sociology in the Genealogy of the Contemporary Mode of Western Legal Thought

, 2004
Max Weber began his sociology of law with a description of the then present of Western legal thought, along with a brief summary of its previous stages. This appreciation begins with a summary description of the Western legal thought of Weber\u27s time,
Kennedy, Duncan
core  

BETWEEN FORMALISM AND DISCRETION: MEASURING TRENDS IN SUPREME COURT RHETORIC

, 2019
This is the first study to use an empirical quantitative analysis to determine the nature of formalism in court decisions. Our analysis has revealed the complex interplay between different types of formalism in Supreme Court decisions and provides a new ...
Alberstein, Michal, Gabay-Egozi, Limor, Bogoch, Bryna   +2 more
core   +1 more source

Legal Rhetoric in American Political Speeches: A Qualitative Analysis of Persuasion, Governance, and Constitutional Discourse [PDF]

Scientific Bulletin of the Politehnica University of Timişoara: Transactions on Modern Languages
Legal rhetoric is a powerful tool in American political discourse, shaping public perception, policy justification, and judicial influence. This qualitative case study examines how U.S.
Maria-Magdalena LĂPĂDAT
doaj  

John Chipman Gray, Legal Formalism, and the Transformation of Perpetuities Law

, 1982
The author uses John Chipman Gray\u27s classic treatise, The Rule Against Perpetuities, as the focal point of an analysis of legal formalism. With the advent of legal formalism, pertpetuities law was reduced to a single rule that courts applied ...
Siegel, Stephen A.
core  

Logic, Language and Legal Science: Are We Lagging Behind?

, 2004
The central theme of this article is that modern notions of logic, deriving from computer logics and also from the language and logic movement in philosophy, provide a sound basis for legal science and hence for legal writing, law practice and legal ...
McQuade, James S
core