Results 1 to 10 of about 3,828 (263)
Legal Realism and Legal Positivism [PDF]
Avant, 2018 American legal realism is commonly treated as a theory-pariah. The article exposes certain reasons explaining such a treatment. Generally, it seems that such an attitude is a result of many misunderstandings of realist aims and ambitions, some of which ...
Adam Dyrda
doaj +2 more sources
Legal model - Scandinavian legal realism
Prisma Jurídico, 2006 This study delineates a panorama of Scandinavian Legal Realism. It will not intend to justify this chain of the jusphilophy thought, but yes, to stimulate and to identify the realistic thought and its version in the science of law.
Angela Tacca Fabbris
doaj +2 more sources
EudaimoniaThe article engages with a rich and provocative book by Bojan Spaić titled Priroda i determinante sudijskog tumačenja prava. While expressing agreement with the overall refutation of formalism as a theory of judicial decision-making, the ...
Aleš Novak
doaj +2 more sources
The Concept of Sustainability in EU Competition Law: A Legal Realist Perspective [PDF]
Yearbook of Antitrust and Regulatory Studies, 2021 This article explores the role of sustainability in EU competition law from the perspective of the theory of legal realism. It addresses the issue by analysing three interrelated themes.
Oles Andriychuk
doaj +1 more source
Judicial Legislation: Examining the Relationship between the Iranian Legal System and the School of Legal Realism [PDF]
پژوهش تطبیقی حقوق اسلام و غرب, 2023 Previous legal provisions cannot predict and regulate all possible future situations, and laws are composed of words that are open-textured, meaning that they are always susceptible to different interpretations.
Alireza Dabirnia, Adel Sheibani
doaj +1 more source
Can We Make All Legal Norms into Legal Syllogisms and Why is That Important in Times of Artificial Intelligence? [PDF]
Access to Justice in Eastern Europe, 2022 The term ‘hard cases’ trace back to Herbert Lionel Adolphus Hart who was one of the first legal philosophers who directly used it in his works and Ronald Myles Dworkin to whom the development and establishment of this concept in legal language is linked.
Strikaitė-Latušinskaja Goda
doaj +1 more source
Scandinavian Legal Realism in Two Criminal Convictions of The Same Thing
International Journal of Business, Economics, and Social Development, 2022 Human life is regulated and will never be separated from the provisions of binding regulations. Binding rules or norms in human life have the purpose of creating order, justice, and public welfare.
Siti Munawaroh +2 more
doaj +1 more source
Journal of Catalan Intellectual History, 2020 AbstractThis is a Research Note about the ongoing Project on the semantics of pactism (pactisme) in Catalan ancient law. Pactism is the name of the legal doctrine that grounds the validity of legal provisions upon a pact-based model. It was developed as a basis for Catalan Public law in the 13th, 14th and 15th centuries.
openaire +2 more sources
Richard Posner summarizes: Legal realism as the response to the challenges of today [PDF]
Zbornik Radova: Pravni Fakultet u Novom Sadu, 2015 Richard Posner, law professor at the University of Chicago and an American federal judge, one of the founders of economic analysis of law is among the greatest living representatives of contemporary American jurisprudence.
Avramović Dragutin S.
doaj +1 more source
Bittersweet Brew: The Socio-Legal Dynamics of Labour in Poland's Culinary Scene
Labour & Law Issues, 2023 The hotel, restaurant, café, and catering (HoReCa) sector has witnessed remarkable growth, particularly in Europe. However, this growth is accompanied by operational disparities in adhering to Occupational Safety and Health (OSH) regulations within the ...
Stanislaw Lipiec
doaj +1 more source