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INTERNATIONAL RULE OF LAW IN A DISCOURSE OF DOUBTS [PDF]

Lex Portus, 2016
The international rule of law - one of the most influential theoretical ideas of contemporary international legal scholarship At the same time, it exists in a ceaseless discourse of doubts and defenses.
Kostiantyn Gorobets
doaj  

The Stages of Legal Reasoning: Formalism, Analogy, and Realism

, 2003
In the late 19th Century, legal reasoning was dominated by formalistic analysis. Judges and lawyers reasoned deductively from base principles. Legal historians have persuasively described how leading judges and scholars fomented a revolution in legal ...
Huhn, Wilson R., Huhn, Wilson
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“Abstractive description” of land registration system based on the theory of “public confidence”

Majallah-i ḥuqūq-i taṭbīqī, 2014
the system of land registration is protective formalism that is formed based on the theory of “public confidence”. This theory presumes that what reflected by the land registration offices is based on the legal fact.
Nasrini Tabatabai Hesari
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Formalism and the Law of Negotiable Instruments

, 1979
Since the 1950\u27s a vast amount of time and effort has been devotedto the study of the development of the American legal systemduring the past two hundred years.
Gilmore, Grant
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Pluralism and deformalisation as mechanisms in the achievement of more equitable and just outcomes – the move from „Classical Formalism“ to deformalisation.

By tracing the development and evolvement of certain legal theories over the centuries, as well as consequences emanating from such developments, this paper highlights how and why a shift from the model of „classical formalism“ towards more deformalised ...
Ojo, Marianne
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Algunas consideraciones sobre la decadencia del principio de legalidad en el Derecho español

Revista Vasca de Administración Pública, 2015
This study reveals the crisis and decline of the principle of legality in our Law, aggravated by the impact that the economic crisis has resulted in the political and institutional framework. Other legal principles, such as legal certainty and legitimate
Ángel Garcés Sanagustín
doaj   +1 more source

Rabbinic Legal Loopholes: Formalism, Equity and Subjectivity

, 2014
Rabbinic law is particularly well known for its use of legal dodges and technical circumventions. This dissertation focuses on three main questions about such loopholes: 1) Why is rabbinic law so replete with them?
Stein, Elana
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Positivism, Formalism, Realism

, 1999
In Legal Positivism in American Jurisprudence, Anthony Sebok traces the historical and philosophical relationship between legal positivism and the dominant schools of American jurisprudence: Formalism, Realism, Legal Process, and Fundamental Rights ...
Leiter, Brian
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From refuge to trap:formalist misadventures of Poland’s postsocialist legal profession

, 2019
Since 2015 the populist government of the Law and Justice Party in Poland has spearheaded a highly effective campaign against the country’s lawyers, encountering relatively muted social opposition. Using Bourdieuan lenses, the article traces the roots of
Kisilowski, Maciej
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Daydream Believing: Visionary Formalism and the Constitution

, 1990
The failure of traditional strands of legal formalism to provide a satisfactory account of law\u27s relation to material conditions, and its distinction from political practice, has given rise to a new variant of formalist theory: visionary formalism. In
Hutchinson, Allan C., Petter, Andrew
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