Results 31 to 40 of about 71,575 (275)

BRIEF REFLECTIONS ABOUT VOLUNTARY FORMALISM IN THE ITALIAN LAW SYSTEM

open access: yesCivitas et Lex, 2019
The essay deals with the complex issue of voluntary formalism, regulated in the articles 1326 paragraph 4 and 1352 of the Italian Civil Code, and the exegetical problems connected to it.
Antonio Di Fede
doaj   +1 more source

Towards Transparent Legal Formalization

open access: yes, 2021
A key challenge in making a transparent formalization of a legal text is the dependency on two domain experts. While a legal expert is needed in order to interpret the legal text, a logician or a programmer is needed for encoding it into a program or a formula.
Tomer Libal, Tereza Novotná
openaire   +3 more sources

Formalism and Realism in Ruins (Mapping the Logics of Collapse)

open access: yesТеоретическая и прикладная юриспруденция
After laying out a conventional account of the formalism vs. realism debates, this Article argues that formalism and realism are at once impossible and entrenched.
P. Shlag
doaj   +1 more source

Formalism, Realism, and the War on Drugs [PDF]

open access: yes, 2001
One of the ways our legal system has avoided confronting this ugly reality is through a commitment to legal formalism. Legal formalism allows us to ignore the social determinants that my AUSA friend saw every day as he prosecuted federal drug cases.
Cole, David
core   +1 more source

Policy Entrepreneurs and the Design of Administrative Reform: A Conceptual Framework and the Israeli Case

open access: yesEuropean Policy Analysis, EarlyView.
ABSTRACT What is the role of policy entrepreneurs in promoting the design of public administrative reform? We present a conceptual framework for assessing the influence of policy entrepreneurs on public administrative reform. We start by proposing a typology of the various policy entrepreneurs active in the administrative reform arena.
Nissim Cohen
wiley   +1 more source

Determinants of Employee Victory in Telecommuting Labor Disputes: A Configurational Approach

open access: yesHuman Resource Management, EarlyView.
ABSTRACT The rapid expansion of telecommuting during the COVID‐19 pandemic created novel disputes over remote‐work conditions that existing laws did not clearly regulate. This study investigates the configurational determinants of employee victory in these disputes. Drawing on resource‐based and institutional theories of litigation outcomes, we propose
Zhenwu Jiang   +3 more
wiley   +1 more source

Contesting Regulatory Capacity: Exploring Doctrines in the Regulatory State

open access: yesPublic Administration and Development, EarlyView.
ABSTRACT The contemporary literature on regulation and development has emphasised the importance of low discretion devices for achieving desired policy objectives. At the same time, there has been a growing recognition that state capacity in general, and regulatory capacity more specifically, are essential for achieving development goals in a world of ...
Bruno Queiroz Cunha, Martin Lodge
wiley   +1 more source

Anti-formalism and legal reasoning [PDF]

open access: yes, 2011
El contexto filosófico y teórico en el que surgen las Teorías de la argumentación jurídica se caracteriza por la rehabilitación de la filosofía práctica y por el rechazo de los presupuestos metodológicos del formalismo jurídico.
Cabra Apalategui, José Manuel
core   +1 more source

Dealing with Qualitative and Quantitative Features in Legal Domains

open access: yes, 2018
In this work, we enrich a formalism for argumentation by including a formal characterization of features related to the knowledge, in order to capture proper reasoning in legal domains.
Budán, Maximiliano C. D.   +3 more
core   +1 more source

Why Active Representation Varies: Cultural Stereotypes and Differential Treatment by Street‐Level Bureaucrats

open access: yesPublic Administration and Development, EarlyView.
ABSTRACT How do cultural stereotypes influence the likelihood that minority street‐level bureaucrats (SLBs) will actively represent marginalized subgroups within their ethnocultural community? While existing scholarship on representative bureaucracy has focused on the conditions under which minority SLBs engage in active representation, this study ...
Sohad Amaria, Einat Lavee, Nissim Cohen
wiley   +1 more source

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