Results 1 to 10 of about 43,536 (156)

Predictive analysis of judicial behavior: Return to mechanical jurisprudence? [PDF]

open access: yesCrimen (Beograd), 2018
This paper is about the roots of computerized predictive analysis of judge's behavior, and it investigates problems which predictive analysis is facing today, its prospects, as well as advantages and limits of that method.
Avramović Dragutin
doaj   +1 more source

European Law in the Empires of Mechanical Jurisprudence: The Judicial Application of European Law in Central European Candidate Countries

open access: yesCroatian Yearbook of European Law and Policy, 2005
The process of European enlargement had a peculiar nature. Prior to accession in 2004, EU law was not yet formally binding on EU candidates’ domestic courts, while the obligation of gradual harmonisation with EU law rested upon them.
Zdenek Kuhn
doaj   +4 more sources

Formalism in Commercial Documents and its Interaction with Will [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2023
Formalism in law has generally been manifested in three positions that are completely different from each other. The first type of formalism is formalism in the realm of legal rule, which is used from the topics of Law philosophy and the concept of ...
Majid Banaeioskoei, yosef Fazlijomir
doaj   +1 more source

Methodological Aspect of the Legal Facts Theory

open access: yesTeisė, 2021
This article explores innovations in the methodology and methods in the research of the legal facts theory. It substantiates the historical and theoretical approach for studying the theoretical achievements of legal systems of the past and the ...
Hanna Shafalovich
doaj   +1 more source

The Multidimensionality of Legal Facts

open access: yesTeisė, 2021
This article explores the multidimensionality of legal facts in their various aspects, which are considered atypical in “mechanical jurisprudence.” As a result of the research, the author concludes that the multidimensionality of legal facts is ...
Hanna Shafalovich
doaj   +1 more source

Mechanical Jurisprudence and Domain Distortion: How Predictive Algorithms Warp the Law [PDF]

open access: yesPhilosophy of Science, 2021
The value-ladenness of computer algorithms is typically framed around issues of epistemic risk. In this article, I examine a deeper sense of value-ladenness: algorithmic methods are not only themselves value-laden but also introduce value into how we reason about their domain of application. I call this domain distortion.
openaire   +1 more source

Predictability of the constitutional court jurisprudence as an important precondition for constitutional stability [PDF]

open access: yesRevista Institutului Naţional de Justiţie, 2020
The article considers the issues of predictability of Constitutional Court jurisprudence in the context of guaranteeing constitutional stability. Author concludes that Constitutional Court legal positions can be developed, as the formation of the ...
Anahit MANASYAN
doaj  

What should a re-constituted Southern African Development Community (SADC) Tribunal be mindful of to succeed? [PDF]

open access: yes, 2012
This is the author's accepted manuscript. The final published article is available from the link below. Copyright @ 2012 Koninklijke Brill NV.The Southern African Development Community (SADC) is a sub-regional international organisation comprised of 15 ...
Chigara, B
core   +1 more source

Proving Unlawful Discrimination in Capital Cases: In Quest of an Adequate Standard of Proof

open access: yesUtrecht Journal of International and European Law, 2017
In spite of some early judicial, political and scholarly discussions, as well as more recent scientific explorations of the topic, problems and concerns with proving discrimination in individual capital cases continue to be among the most debatable ...
Gregor Maučec
doaj   +1 more source

Clinical Pathways to Ethically Substantive Autonomy [PDF]

open access: yes, 2013
There is no shortage of support for the idea that ethics should be incorporated into the academic and professional curriculum. There is a difference, however, between, on the one hand, teaching professionals about ethics, and, on the other, demanding ...
Drake, Philip, Toddington, Stuart
core   +3 more sources

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