Results 21 to 30 of about 71,575 (275)
Zjawisko „spirali formalizmu” na przykładzie instytucji inicjatywy lokalnej
Acta Iuris Stetinensis, 2023 The title “spiral of formalism” is understood as a situation in which legislative intervention, justified by the elimination of legal barriers, does not solve the essence of the problem, and causes additional formal barriers.
Bartosz Wilk
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The Challenge of Co-Religionist Commerce [PDF]
, 2014 This Article addresses the rise of co-religionist commerce in the United States—that is, the explosion of commercial dealings that take place between co-religionists who intend their transactions to achieve both commercial and religious objectives.
Fleetwood, Filippa +6 more
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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. [PDF]
, 2011 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 ...
Ojo, Mariane.B.
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Thought experiment in the history of political and legal doctrines: Lon Fuller’s “The Case of the Speluncean Explorers” [PDF]
Известия Саратовского университета. Новая серия: Серия «Экономика. Управление. Право»Introduction. In modern scientific research, the thought experiment remains relevant in both natural and social sciences. Its use in theoretical legal science is particularly significant, as it compensates for the impossibility of practical verification ...
Tikhonova, Sophia Vladimirovna +1 more
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‘Legal Formalism’ and Western legal thought*
Jurisprudence, 2022 According to long-established narratives, legal thinking in Germany, France and the U.S.A. was shaped by formalist legal cultures for the most part of the nineteenth century until the respective legal sciences embraced their social responsibility in the early twentieth century. Recently, legal historians have begun to question these narratives.
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The Debate Between Realism and Formalism in Contemporary International Law (Emphasizing the Procedure of the International Court of Justice) [PDF]
پژوهشهای حقوقیLegal realism and legal formalism as two methods of judicial decision-making in national and international courts have been hot theoretical and philosophical topics among writers, judges, and lawyers in recent decades.
Sepanta Mojtahedzadeh
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The Indonesian Journal of Socio-Legal Studies, 2021 Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension ...
Adriaan Bedner, Jacqueline Vel
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Filozofia Publiczna i Edukacja Demokratyczna, 2013 This article reviews key aspects of the theoretical debate on the distinction between bright-line rules framed in clear and determinate language and vague legal standards.
Ofer Raban
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Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2020 All judicial proceedings are inevitably based on the formalized procedures. Procedural provisions pursue many important objectives, such ensuring the effectiveness of proceedings or protecting legal certainty by regulating the competences of procedural ...
Marcin Szwed
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Phenomenon of formalism in civil procedure
Проблеми Законності, 2018 The article analyzes the existing in the scientific literature point of view on the essence of the procedural formalism and justifies that it should not be identified with the civil procedural form. It acts as a consequence of its existence and is always
Nataliia Yurievna Sakara
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