Results 41 to 50 of about 1,533,143 (276)

Winning Arguments about Rights: An Empirical Analysis of Argument Construction at the European Court of Human Rights

European Journal of Empirical Legal Studies
This study examines the European Court of Human Rights’ (ECtHR) use of the canonical interpretation techniques (textual, systematic, historical, teleological) based on a novel comprehensive dataset of 8,436 judgments.
Tilmann Altwicker, Florian Geering, Daniel Gerber, Zhivko Taushanov   +3 more
doaj   +1 more source

Interpretation as a Value (RE)Construction of the Legal Norm

Baltic Journal of Law & Politics, 2016
In the context of a normative concretisation of the statute, the term “statute” is not synonymous with the law that can be repeated in light of a concrete case.
Pavčnik Marijan
doaj   +1 more source

Judicial Law-Making: Unlocking the Creative Powers of Judges in Terms of Section 39(2) of the Constitution

Potchefstroom Electronic Law Journal, 2016
The law-making role of judges has always been the subject of much controversy. For a good many a year and especially during the apartheid regime, the approach to statutory interpretation that dominated the South African courts was the orthodox textual ...
Annie Singh, Moreblessing Zaryl Bhero
doaj   +1 more source

The attack on the protected legal interest: a criminalisation principle and an element of the criminal offence?

Ius Novum, 2023
This paper analyses the role played by the notion of legal interest as a criterion for decisions on criminalisation and, according to some scholars, as an element of criminal offence.
Javier Gomez Lanz
doaj   +1 more source

Identification of the parties to the employment relationship: An appraisal of teleological interpretation of statutes [PDF]

, 2017
Thesis (LLD)--University of Pretoria, 2017.The study, entitled “Identification of the parties to the employment relationship: an appraisal of teleological interpretation of statutes”, is a legal-interdisciplinary doctrinal investigation situated within ...

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Effective Altruism and Care Ethics

Journal of Applied Philosophy, EarlyView.
ABSTRACT Effective altruism (EA) has received some of its most vocal criticisms from supporters of care ethics. In this article I take a comparative approach to determine whether a compelling critique of EA can emerge from care ethics at the ethical level, and more generally how much common ground can be found between the two.
Antonin Broi
wiley   +1 more source

‘Deemed’ to be an employee : adopting the teleological interpretation of statutes [PDF]

, 2019
Recent legislative amendments to the Labour Relations Act 66 of 1995 have introduced so-called ‘deemed’ provisions of employment to assist in the identification of the parties to triangular employment relationships. This article explores the significance
Van Staden, Marius, Van Eck, B.P.S. (Stefan)   +1 more
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Towards more reliable interdisciplinary modelling of global human–environment dynamics driving biodiversity change

People and Nature, EarlyView.
Abstract Environmental problems are typically vast, urgent and complex. Confronted with such problems, we are often tempted to act fast by pulling together little bits and pieces from different fields and simply adding these to pre‐existing models and frameworks.
Carsten Meyer
wiley   +1 more source

Law as a Design Science

German Law Journal
This Article advocates for conceptualizing law as a design science, with a comprehensive approach that integrates formal, explanatory, and design dimensions of legal knowledge.
Antonio-Martín Porras-Gómez
doaj   +1 more source

(Il)lisibilité du mélodrame américain au xixe siècle : The Gladiator (1831) de Robert Montgomery Bird et Jack Cade (1841) de Robert Conrad

Transatlantica, 2020
The melodramatic genre gestures towards the expression of a morally and emotionally legible world (Peter Brooks). Robert Montgomery Bird’s The Gladiator (1831) and Robert Conrad’s Jack Cade (1841)—two plays that were awarded the Edwin Forrest Prize—are ...
Ronan Ludot-Vlasak
doaj   +1 more source