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Legal concepts and legal expertise

Synthese, 2020
A recent wave of empirical legal scholarship reports surprising findings about various concepts of legal significance, including the concept of acting intentionally, causation, consent, knowledge, recklessness, reasonableness, and law itself. These studies typically examine laypeople, but often draw broader conclusions about legal experts or law ...
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Legal Reasoning and Legal Integration

Maastricht Journal of European and Comparative Law, 2003
According 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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Going legal

Archives of disease in childhood - Education & practice edition, 2012
A 16-year-old girl is admitted with a paracetamol overdose, but refuses treatment. This article explores the legal, ethical and practical aspects of this case, which led ultimately to an application to the court for a judicial order.
Tony, Lopez   +2 more
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Legal Fictions and Legal Change

SSRN Electronic Journal, 2012
AbstractThis 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 Reasoning

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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Legalism and Legality

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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Legal Developments

JCMS: Journal of Common Market Studies, 2011
This contribution analysis the main legal developments relating to the introduction of a new and extensive regulatory regime for financial supervision in the European Union. With this legal regime both micro- and macro-prudential supervisory aspects of the internal market are addressed.
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