Results 221 to 230 of about 71,575 (275)
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Proceedings of the 8th international conference on Artificial intelligence and law, 2001
This paper briefly argues for a (particular variant of) a coherence theory of legal justification and theory construction. It does so by placing coherentism in a tradition of general epistemology and practical reasoning. One part of the theory, namely the part that deals with the relation between abstract goals and concrete regulations, is described in
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This paper briefly argues for a (particular variant of) a coherence theory of legal justification and theory construction. It does so by placing coherentism in a tradition of general epistemology and practical reasoning. One part of the theory, namely the part that deals with the relation between abstract goals and concrete regulations, is described in
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Formal aspects of Legal reasoning
Argumentation, 1995This paper discusses the functions of deductive justification in ideal reconstructions of judicial reasoning. It departs from the point of judicial reasoning: explaining and justifying the judicial decision. It argues that deductive validity is not enough for good judicial argument.
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SSRN Electronic Journal, 2009
The formality of modern law is a constitutive element in its operation, but the "revolt against formalism" and the charge of mechanical jurisprudence are also as old as the law. This article focuses on formalism in legal decision making in hard cases and assumes that contemporary decision making in law combines formalistic with non-formalistic ...
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The formality of modern law is a constitutive element in its operation, but the "revolt against formalism" and the charge of mechanical jurisprudence are also as old as the law. This article focuses on formalism in legal decision making in hard cases and assumes that contemporary decision making in law combines formalistic with non-formalistic ...
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2020
Here, a number of flaws of formal-legalism as an explanatory paradigm to the problem of state-building, and to society in general, are discussed not in an exhaustive but, rather, in an illustrative way. In particular, it highlights its institutional bias, conservative orientation, and class-based predisposition with consequences on how society is ...
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Here, a number of flaws of formal-legalism as an explanatory paradigm to the problem of state-building, and to society in general, are discussed not in an exhaustive but, rather, in an illustrative way. In particular, it highlights its institutional bias, conservative orientation, and class-based predisposition with consequences on how society is ...
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1994
Abstract Legal formalism postulates the coherence of juridical relationships.1 Drawing on the connection discerned in antiquity between form and intelligibility, the formalist seeks to elucidate the forms, i.e. the coherent structures of justification, immanent in a sophisticated legal system.
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Abstract Legal formalism postulates the coherence of juridical relationships.1 Drawing on the connection discerned in antiquity between form and intelligibility, the formalist seeks to elucidate the forms, i.e. the coherent structures of justification, immanent in a sophisticated legal system.
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Fraud, Legal Formality and Equity
Liverpool Law Review, 2001This article seeks to examine thecurrent scope of the equitable principle that``equity will not allow a statute to be used asan instrument of fraud''. In particular, itexamines the meaning of fraud in this contextand the question whether the so-called rule inRochefoucauld in Boustead [1897] 1 Ch.196 can be applied legitimately in theenforcement of ...
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Formalism: Legal, Constitutional, Judicial
2009Abstract Formalism is a style of adjudication and an approach to constitutional interpretation that is often caricatured but rarely described, let alone defended. For years, the most common target for accusations of formalism has been the Supreme Court's 1905 decision in Lochner v.
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Legal Issues and Formal Policies
2002The past decade has brought explosive growth in PACS technology, making large scale teleradiology an integral part of many radiology practices. This reality has left legislatures, the courts, and a wide variety of organizations that formulate healthcare policy scrambling to keep pace with an ever-changing practice environment.
John J. Smith, Harry Zibners
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The Metaphysics of Legal Formalism
SSRN Electronic Journal, 2014Ernest Weinrib's defense of legal formalism is the most sophisticated articulation of a philosophical account of legal rationality in recent memory. Notwithstanding the substantive merits of his arguments in support of formalism, it is the manner in which those arguments are proferred that demands one's attention. Advancing the case for legal formalism
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