Results 251 to 260 of about 8,327,113 (300)
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Journal of Comparative Economics, 2013
Abstract This paper develops the building blocks for a legal theory of finance. LTF holds that financial markets are legally constructed and as such occupy an essentially hybrid place between state and market, public and private. At the same time, financial markets exhibit dynamics that frequently put them in direct tension with commitments enshrined
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Abstract This paper develops the building blocks for a legal theory of finance. LTF holds that financial markets are legally constructed and as such occupy an essentially hybrid place between state and market, public and private. At the same time, financial markets exhibit dynamics that frequently put them in direct tension with commitments enshrined
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SSRN Electronic Journal, 2019
Most legal theorists and philosophers of law who work in the analytic tradition believe that intellectual progress in their fields necessarily means going ‘deeper’: coming up with more nuanced, pre...
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Most legal theorists and philosophers of law who work in the analytic tradition believe that intellectual progress in their fields necessarily means going ‘deeper’: coming up with more nuanced, pre...
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Legal Theory for Legal Empiricists
Law & Social Inquiry, 2015There is a widespread view that one does either theory or empirical work, and that theory and empiricism represent distant concerns, opposing worldviews, and perhaps distinct mentalities or personalities. This prevalent view has deep roots and is also the result of pragmatic and understandable tendencies toward division of intellectual labor.
Hanoch Dagan +2 more
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Research Handbook on Critical Legal Theory
, 2019 Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis.
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Legal Principles and Legal Theory
Ratio Juris, 1997Current legal theory is concerned with the presence of principles in law partly because they are at the core of Dworkin's criticisms of Hart's rule of recognition. Hart's theory is threatened by the possibility that the identification of some principles follows an extremely relaxed rule of recognition, or even no rule at all. Unfortunately, there is no
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Legal Theory and Social Theory
Annual Review of Sociology, 1994While social theory and legal theory were once closely intertwined, contemporary American sociology pays scant attention to recent developments in legal theory. But the problems that legal theory currently wrestles with are very similar to those with which sociology is now centrally concerned.
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An abductive theory of legal issues
International Journal of Man-Machine Studies, 1991A normative theory of legal issues, argument moves and clear cases is presented in which abduction, rather than deduction, is of central importance. The theory is a refinement of Fiedler's constructive view of legal reasoning. Like legal positivism, the theory elaborates the concept of a clear case, but here clearness is defined relative to a set of ...
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Legal Reasoning and Legal Theory
Philosophical Books, 1980Russell L. Caplan, Neil MacCormick
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For a socio-legal theory of risk
SOCIOLOGIA DEL DIRITTO, 2009- This article aims to offer an overview of some contributions to a socio-legal theory of risk. Starting from the presupposition that risk is a concept that plays a central role in sociological as well as in legal theory, it underlines the thesis that, from the point of view of the general system theory, the application of three different strategies of
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THE INSTITUTIONAL THEORY OF LEGAL INTERPRETATION
University of Toronto Law Journal, 2008In his provocative and masterly book Judging Under Uncertainty Adrian Vermeule seeks to displace the dominance of what he calls "first-best conceptualism" in legal theory and instead argues that interpretive law needs to take an institutional turn. Vermeule's focus on the empirical problems of institutional interpretation is a welcome and long overdue ...
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