Results 31 to 40 of about 1,852,330 (249)

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
doaj   +1 more source

The Formalistic Pattern of Soviet Civil Codification as a Chapter in European Legal History

Journal on European History of Law, 2020
Many European and even some Russian academics consider Russian legal history to be a series of ruptures. There is some truth to this, and yet the law in east of Eastern Europe is not devoid of continuities which link it with European legal trajectories.
Dmitry Poldnikov
doaj   +1 more source

Towards Transparent Legal Formalization

, 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   +2 more sources

The Debate Between Realism and Formalism in Contemporary International Law (Emphasizing the Procedure of the International Court of Justice) [PDF]

پژوهشهای حقوقی
Legal 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
doaj   +1 more source

Formalism versus pragmatism – A comparative legal and empirical analysis of the German and Dutch criminal justice systems with regard to effectiveness and efficiency

, 2021
The German and the Dutch criminal justice systems not only share a common legal history but also follow the inquisitorial tradition with the prosecution playing a strong role.
Robin Hofmann
semanticscholar   +1 more source

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
doaj   +1 more source

BRIEF REFLECTIONS ABOUT VOLUNTARY FORMALISM IN THE ITALIAN LAW SYSTEM

Civitas 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

Legal Education in Indonesia

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
doaj   +1 more source

Nadmierny formalizm procesowy jako naruszenie art. 6 ust. 1 Konwencji o ochronie praw człowieka i podstawowych wolności

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
doaj   +1 more source

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

Теоретическая 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