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Legal Fictions and Legal Change
SSRN Electronic Journal, 2012AbstractThis paper offers a definition of legal fictions and an evaluation of the role of legal fictions in legal practice, especially insofar as they enable legal change. The first part of the paper defines legal fictions as any suspension of one or more of the required operative facts leading to the imposition of an associated normative consequence ...
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Legal Acts and Legal Agreements in the Legal System
Rossijskoe pravosudie, 2021The article analyses both general scientific and special research methods, including comparative legal and historical legal methods. The following conclusion was made: In accordance with the scientifically grounded concept of the integrative understanding of law, objective law is primarily expressed in its principles and norms contained in a single ...
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Legal Reasoning and Legal Integration
Maastricht Journal of European and Comparative Law, 2003According to Legrand, harmonization of European private law by means of a European Civil Code would not work, because of the different legal cultures (mentalités) within which such a code would have to operate. In the civil law tradition, legal reasoning on the basis of such a code would be deductive in the sense of the application of rules that are ...
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2001
How does the world view expressed in the Antigone show itself in practice? Some have argued that such a stance and ideology is very common among members of the legal profession and thus in the practice of law and law itself. I deal in this chapter with rationality in law and in our response to law.
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How does the world view expressed in the Antigone show itself in practice? Some have argued that such a stance and ideology is very common among members of the legal profession and thus in the practice of law and law itself. I deal in this chapter with rationality in law and in our response to law.
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Legal culture and cultures of legality
SSRN Electronic Journal, 2015The concept of legal culture exacerbates confusions that already plague general uses of the concept of culture. Uses try to focus research on a wide range of action, experiences and interpretations that surround law. Some uses limit the study to the unofficial and non-legal behaviors that are nonetheless important for shaping what is more ...
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Proceedings of the 3rd International Conference on Application and Theory of Automation in Command and Control Systems, 2013
This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied either proactively or retroactively.
Giovanni Sartor +6 more
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This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied either proactively or retroactively.
Giovanni Sartor +6 more
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LEGALITY AND LEGAL RESPONSIBILITY:PROBLEMS OF LEGAL UNDERSTANDING
Правовая система России: история, современность, тенденции развития. Сборник материалов IX заочной научно-практической конференции с международным участием, 2022D. S. Fedoreev, T. P. Butenko
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Legal Positivism, Legal Realism, and Legal Pluralism
2017This chapter argues that the definition of law proposed from legal positivism influences interpretations of political action through its dismissal of legal claims that question state authority. It is argued that this leads toward methodological nationalism .
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2006
Legal reasoning has several aspects. On the one hand it is necessary to determine which rules can play a role in legal arguments, which rules are legal rules. The formal sources of law, such as legislation, treaties and case law, play a central role in this connection.
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Legal reasoning has several aspects. On the one hand it is necessary to determine which rules can play a role in legal arguments, which rules are legal rules. The formal sources of law, such as legislation, treaties and case law, play a central role in this connection.
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Legality, Illegality, A-Legality
2013AbstractThe chapter lays the groundwork for the remainder of the book, discussing three variations on an entirely mundane joint act whereby a group of friends buy victuals at a food shop with a view to throwing a party. These scenarios have a number of functions.
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