Results 31 to 40 of about 163,476 (344)

Reasoning with persuasive precedent: the role of persuasive authority in the law

Teoria Jurídica Contemporânea, 2017
: This paper attempts to draw the attention to the role of persuasive authority in the law, by providing a critical review of Frederick Schauer's influential account of persuasive authorities as optional authorities.
Joaquín Reyes Barros
doaj   +1 more source

Precedent Comparison in the Precedent Model Formalism: A Technical Note [PDF]

, 2020
We outline a formalization of precedent comparison in the precedent model formalism.
Heng Zheng 0001, Davide Grossi, Bart Verheij   +2 more
openaire   +3 more sources

SUPREME COURTS AND BÜLOWIAN’S INHERITANCE IN THE JURISPRUDENCIALIZATION OF THE LAW

Revista Eletrônica de Direito Processual, 2019
The present article aims to present that the model of Supreme Courts for the formation and application of precedents is the continuity of what is advocated in Process Theory as a legal relationship of Oskar von Bülow, with the demonstration of its ...
Luis Gustavo Reis Mundim, Alexandre Varela de Oliveira   +1 more
doaj   +1 more source

Surrogate motherhood; A regression to a patriarchal society free of social policies?

Journal of Modern Science, 2019
Objectives Surrogacy is a very complex issue today, and contrary to what can be believed, and despite the new techniques of human reproduction, gestational surrogacy is not an exclusive practice of the 21st century and Roman law already provides us with ...
Patricia Panero
doaj   +1 more source

STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE

Revista Eletrônica de Direito Processual, 2021
We approach the hypothesis of rediscussion by Brazilian Federal Supreme Court of a law already declared as constitutional in abstract control and its relation with the institute of the res judicata, with the conclusion that there is stability in the ...
Adriano Sayão Scopel
doaj   +1 more source

CIVIL INVESTIGATION PROCEDURE, CONTRADICTORY AND ADMINISTRATIVE MISCONDUCT: A CRITICAL DIAGNOSIS OF THE BRAZILIAN SUPREME COURTS PRECEDENTS

Revista Eletrônica de Direito Processual, 2016
This paper proposes to analyze the precedents of the Brazilians Supremes Courts – STF and STJ – on the subject of Brazilian Civil Investigation Procedure.
Hermes Zaneti Júnior, Gustavo Silva Alves   +1 more
doaj   +1 more source

(IR) RATIONALITY IN THE JUSTIFICATION OF JUDICIAL DECISIONS AS A DETERMINING FACTOR FOR THE IDENTIFICATION OF THE BINDING PRECEDENT

Revista Eletrônica de Direito Processual, 2021
The study seeks to analyze the relevance of identifying the ratio decidendi in the application of the judicial precedent, presenting the difficulty in carrying out this task, in the face of the lack of argumentative rationality in the decisions handed ...
Tatiana Paula da Cruz
doaj   +1 more source

Playing with precedents: rules, analogies, principles [PDF]

, 2012
This article analyses the use of binding precedents by the Brazilian Supreme Court in the light of three conceptions of precedents, which are developed by F. Schauer (precedents as rules), C. Sunstein (precedents as analogies) and R.
MAUÉS, Antonio Gomes Moreira
core   +1 more source

Identifying Super-precedents in an Era of Human Rights

, 2021
This Article discusses what a “super-precedent” is in American Constitutional Law. Additionally, it describes the current criteria used to identify super-precedents and the limitations of these criteria.
Samar, Vincent J.
core   +1 more source

THE ROLE OF PRECEDENT IN THE ITALIAN LEGAL SYSTEM (WITH SPECIFIC ATTENTION TO ITS USE MADE BY THE ITALIAN CORTE COSTITUZIONALE)

Revista Eletrônica de Direito Processual, 2018
The main aim of this article is analysing the use of precedent made by the Italian Constitutional Court and its effectiveness in the light of Michele Taruffo’s ‘dimensions’ of the precedents.
Enrico Albanesi
doaj   +1 more source