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Funciones comunicativas de los grupos paratácticos jurídicos [PDF]

open access: yesStudii de Lingvistica
In this article we examine the communicative function of legal paratactic groups, asking whether their use responds to the search for precision, legal certainty, or is a question of style or inherited formalism.
Elena Macías Otón
doaj   +1 more source

Vernacularizing the Best Interests of the Child: Comparative Insights From Three Legal Systems

open access: yesJournal of Family Theory &Review, EarlyView.
ABSTRACT The study investigates how the Best Interests of the Child principle in the UN Children's Rights Convention (Article 3) has been adapted in custody disputes in Egypt, Sweden, and Uzbekistan. Although the Convention on the Rights of the Child offers a common normative benchmark, divergent legal cultures shape its domestic meaning: Egypt is ...
Anna Lundberg   +3 more
wiley   +1 more source

Relational Formalism, Linguistic Theory and Legal Construction

open access: yes, 2010
Legal formalism and legal relationalism are traditionally thought of as defining opposite poles of jurisprudential analysis. This study develops the notion of “relational formalism” as it emerges from practices of commercial law and from linguistic ...
Yovel, Jonathan
core   +1 more source

Legal Formalism

open access: yes, 2017
Legal formalism, also commonly known as “black letter law,” refers to an intellectual perspective that asserts the absolute autonomy of law through a separation of law and politics, while positing the law's immanent intelligibility and coherence ...
Selda Dagistanli   +1 more
core   +1 more source

Formalism [PDF]

open access: yes, 1988
Legal decisions and theories are frequently condemned as formalistic, yet little discussion has occurred regarding exactly what the term "'formalism" means.
Schauer, Frederick
core  

Judaism, Philo, and Hegel's Theology

open access: yesModern Theology, EarlyView.
Abstract Hegel displays consistent interest in Judaism, but his presentation seems to differ widely between his earlier and later writings. Contemporary scholarly interpretations of this apparent change also differ widely. In this article, I present the interpretive problem as one of continuity‐discontinuity, and place the major scholarly treatments ...
Reed Frey, C.O.
wiley   +1 more source

The Doctrine of Excessive Formalism in the Legal Theory and Practice of the European Court of Human Rights

open access: yesFrontiers in Law
As a means of organising certain existing disputes and resolving conflicts within society, it has made the institution of procedural formalities necessary since the beginning of history.
O. Shcherbaniuk, Tetiana Bohdanevych
semanticscholar   +1 more source

‘[You Are German] When You no Longer Stick Out’: The Meaning of Being German From the Perspective of Germans With and Without a Migrant Background

open access: yesNations and Nationalism, EarlyView.
ABSTRACT While several quantitative studies have examined civic and ethno‐cultural notions of nationhood among German citizens, the meaning of being German in general and the ambiguities of the term in particular have remained underexplored. Furthermore, this line of scholarship has examined German citizens but has neglected the perspective of Germans ...
Marlene Mußotter, Eunike Piwoni
wiley   +1 more source

Reflections on legal education and radical intellectual equality

open access: yesActa Academica, 2015
In this article I reflect, against the background of the recent special issue of this journal titled: “Law as humanities discipline: Transformative potential and political limits”, on the notion of radical intellectual equality within the context of ...
Yvonne Jooste
doaj   +3 more sources

Verbal Metadisputes

open access: yesPhilosophy and Phenomenological Research, EarlyView.
ABSTRACT Many philosophical disputes have become so intractable that philosophers question whether there is a fact of the matter as to which side is right or whether these disputes are entirely verbal. Yet these “metadisputes” have also become intractable. This raises the question: Could they, too, be verbal? What would that even mean? Using tools from
Alexander W. Kocurek
wiley   +1 more source

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