Results 11 to 20 of about 1,811,795 (386)
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
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Iuris Dictio, 2020 This paper is an exercise in legal realism, regarding in particular: (1) legal realism and legal positivism; (2) validity; (3) legal interpretation; (4) the ontology of law; (5) legal cognition; (6) the rule of recognition; (7) the concept of obligation.
Riccardo Guastini
semanticscholar +7 more sources
Sweden: Non-binding Rules against the Pandemic - Formalism, Pragmatism and Some Legal Realism. [PDF]
Eur J Risk Regul, 2021 Swedish measures to fight the spread of COVID-19 differ from the strategies used in other comparable countries. In contrast to the lockdown approach that has been applied in many European countries, the Swedish strategy has been based to a substantial ...
Wenander H.
europepmc +2 more sources
Legal Realism for Economists [PDF]
Journal of Economic Perspectives, 2009 Economists have made great progress in understanding the incentives and behavior of actors who operate outside of traditional economic markets, including voters, legislators, and bureaucrats. The incentives and behavior of judges, however, remain largely opaque.
Matthew C. Stephenson
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Lex Publica, 2021 Legal positivism is widely embraced in modern law in almost all jurisdictions in the world, including in Southeast Asia and Central Asia. Legal positivism fully depends on how the sentence is written in the law, while legal realism uses the law only as a
Boy Nurdin, Khayitjon Turdiev
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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.
Pompeu Casanovas
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Legal Realism and the Predictability of Judicial Decisions
Interdisciplinary Studies in Society, Law, and Politics, 2023 This review article explores the profound implications of legal realism on the predictability of judicial decisions, challenging the conventional notion that legal outcomes can be precisely anticipated through the application of statutes and precedents ...
Matthew Angelosanto
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American Legal Realism: Research Programme and Policy Impact
Utrecht Law Review, 2017 The article addresses two questions:1. Can Legal Realism be seen as a scientific research programme enabling growth of knowledge? To answer that question, the author uses Lakatos’s work on the methodology of scientific research programmes as a frame of ...
Frans L. Leeuw
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Legal Realism and Health Criminal Law Reform in the Era of Medical and Technological Advances
AdliyaHealth criminal law faces evolving challenges driven by rapid technological advancements and shifting social dynamics. Issues such as medical malpractice, drug counterfeiting, patient data privacy, and equitable access to healthcare require legal ...
Martina Nilamsari +2 more
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Bratislava Law Review, 2020 Emergency medical service (EMS) forms a sub-category of the internationally recognized right to health. However, despite the codification of the right to health in various human rights conventions which have been implemented in national legislation, EMS ...
Jenna Uusitalo
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