Results 271 to 280 of about 275,624 (288)
Some of the next articles are maybe not open access.
Presumptions and Conjectures in Leibniz’s Legal Theory
2015This paper focuses on the role of presumptions and conjectures in Leibniz’s legal theory. Both presumptions and conjectures are closely connected to the question of the burden of proof for presumptions lead to a shift of the burden. Thus, these notions play an essential role in the practice of litigation: the odds to win a given case are stacked ...
openaire +1 more source
Legal Argumentation, Constitutional Interpretation, and Presumption of Constitutionality
SSRN Electronic Journal, 2006Constitutional interpretation is a very complex task. The main reason underlying this complexity is the open and abstract language of constitutional texts, mainly when it concerns their bill of rights. And when it comes to judicial review of legislation, constitutional interpretation becomes even more complex.
openaire +1 more source
Logic, Probability, and Presumptions in Legal Reasoning
2013At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the
openaire +1 more source
A Legal Presumption in Modernist Interpretations of Nationalism
2017This chapter engages with one of the central discussions in the study of nationalism, the debate about the modernity or antiquity of nations and nationalism. Noticing the political dimension contained in the dispute, the chapter highlights the extent to which a concept of law resting beneath theories of modernization plays a key role in interpreting ...
openaire +1 more source
Legal facts, legal presumption and legal fiction of disciplinary and legal relations in public law
Закон и право, 2023openaire +1 more source