Results 161 to 170 of about 775 (212)
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Basic Medical Legal Principles
Clinics in Plastic Surgery, 1999A contract exists, either expressed or implied, between the physician and the patient. If a duty of care was owed by the physician to the patient and the standard of care was violated, resulting in the patients' injury, then the damages, injury, or loss the patient suffered can be compensated.
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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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SSRN Electronic Journal, 2017
Most legal thinkers believe that legal rules and legal principles are meaningfully distinguished. Many jurists may have no very precise distinction in mind, and those who do might not all agree. But it is widely believed that legal norms come in different logical types, and that one difference is reasonably well captured by a nomenclature that ...
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Most legal thinkers believe that legal rules and legal principles are meaningfully distinguished. Many jurists may have no very precise distinction in mind, and those who do might not all agree. But it is widely believed that legal norms come in different logical types, and that one difference is reasonably well captured by a nomenclature that ...
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1997
Abstract Conventional Anglo-American jurisprudential wisdom accords legal principles central and even honorific status in determining how legal reasoning does and ought to proceed, and how cases are and ought to be interpreted and adjudicated.
Larry Alexander, Ken Kress
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Abstract Conventional Anglo-American jurisprudential wisdom accords legal principles central and even honorific status in determining how legal reasoning does and ought to proceed, and how cases are and ought to be interpreted and adjudicated.
Larry Alexander, Ken Kress
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Legal Principles and Legal Positivism
1984The main purpose of this article is to question the soundness of a recent attack on legal positivism launched by Professor Ronald M. Dworkin in his essay “Is law a system of rules?”1 I do not think any preliminary explanation of the strategy of my argument is necessary except for my use of a model taken from the rules of a game.
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Key legal principles for hospitalists
The American Journal of Medicine, 2001In a hospitalist system, when a patient leaves the hospital, he or she will return to a primary care provider (PCP) for follow-up and continuing care. The hand-off after discharge can compromise communication with the PCP. Physicians have a legal duty to provide follow-up care to patients with whom they have a relationship.
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International Legal Principles
1988A nation which feels that it has had a wrong done against it in some way has the option of going to the UN or another legal organisation such as the OAS. This brings a third party into the dispute and it is difficult to say with any clarity whether international law is a constraint or not upon state action, unless specific cases are examined.
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2000
Abstract In a recent article1 Larry Alexander and Ken Kress have returned us to a perennial question of jurisprudence, which is the role of principles in legal reasoning. They rightly remind us, and nicely detail, how Ronald Dworkin’s treatment of principles is foundational of modern treatments of the topic. Dworkin’s persuasiveness here
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Abstract In a recent article1 Larry Alexander and Ken Kress have returned us to a perennial question of jurisprudence, which is the role of principles in legal reasoning. They rightly remind us, and nicely detail, how Ronald Dworkin’s treatment of principles is foundational of modern treatments of the topic. Dworkin’s persuasiveness here
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1994
Before embarking on any analysis of sub-contracting, it is essential to have an understanding of the legal principles which govern the relationships between the parties to the building process. The two areas of law which impinge time and again on all sectors of the building industry are contract and tort (particularly the tort of negligence).
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Before embarking on any analysis of sub-contracting, it is essential to have an understanding of the legal principles which govern the relationships between the parties to the building process. The two areas of law which impinge time and again on all sectors of the building industry are contract and tort (particularly the tort of negligence).
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Dissent, 2005
I appear today solely to comment upon Mr. Gonzales's positions regarding three issues on which I have both legal expertise and government experience: the illegality of torture and cruel, inhuman, and degrading treatment; the scope of the president's constitutional powers to authorize torture and cruel treatment by U.S.
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I appear today solely to comment upon Mr. Gonzales's positions regarding three issues on which I have both legal expertise and government experience: the illegality of torture and cruel, inhuman, and degrading treatment; the scope of the president's constitutional powers to authorize torture and cruel treatment by U.S.
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