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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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The Principle of Legal Certainty as a Principle of Economic Efficiency
SSRN Electronic Journal, 2013Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not lead to the hastened conclusion that therefore the principle of legal certainty would be compatible ...
Portuese, Aurelien +2 more
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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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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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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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The autopsy: legal and ethical principles
Pathology, 2002Recent controversies both in Australia and overseas have focused public attention on autopsy practice. It has become apparent that there is an increasing expectation amongst the public for more detailed information concerning autopsy procedures and, in particular, tissue retention.
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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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The principle of legality in the legal process (historical and legal aspect)
Law, Economics and ManagementThe article examines the peculiarities of understanding and implementing the principle of legality in the Soviet period. Using the example of studying the legal process in the sphere of application of law in relation to persons who do not fulfill constitutional obligations to engage in socially useful work, strict observance of the principle of ...
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