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Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, 2021
The problem of improving the norms of family law in terms of protecting the rights and interests of parents and children is long overdue. At first glance, the current Russian family legislation sufficiently regulates the issues of establishing the origin of children, the issues of birth registration and the rules for specifying the child's parents ...
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The problem of improving the norms of family law in terms of protecting the rights and interests of parents and children is long overdue. At first glance, the current Russian family legislation sufficiently regulates the issues of establishing the origin of children, the issues of birth registration and the rules for specifying the child's parents ...
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Proceedings of Southwest State University. Series: History and Law, 2023
Relevance. The theory of legal facts, despite the rather long period of its formation and subsequent development, is currently not fully developed and requires constant attention from representatives of both the general theory of law and individual legal branches.
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Relevance. The theory of legal facts, despite the rather long period of its formation and subsequent development, is currently not fully developed and requires constant attention from representatives of both the general theory of law and individual legal branches.
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A Likelihood Story: The Theory of Legal Fact-Finding
SSRN Electronic Journal, 2016For over 50 years, courts and scholars have tried to conceptualize fact-finding, and burdens of persuasion, in terms of the probability of facts given the evidence. The exercise has not produced a satisfying theory of fact-finding. The problem is reliance on probability. Fact-finding is not about probability. It’s about likelihood.
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The concept of "legal fact" in the theory of tort law
Gaps in Russian LegislationThe purpose of the study. This article examines the scientific problem of the relationship between the concepts of the theory of tort law and the concept of "legal fact". The theory of tort obligations, which was formed in the bosom of Roman law, paid more attention to the elaboration of issues of legal protection of violated rights of the parties ...
Mikhail V. Vavilin, Anton V. Osipenko
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The Evaluative Life: Between Fact and Value in Maccormick’s Theories of Law and Legal Reasoning
SSRN Electronic Journal, 2011This paper examines the ‘fact-value separation’ in the context of the practice of legal theory, legal scholarship and legal reasoning. It is divided into three parts: the first part examines recent prominent attempts to move beyond the fact-value dichotomy, while retaining the explanatory utility of the distinction between facts and values; the second ...
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THE PROBLEM OF CLASSIFICATION OF LEGAL FACTS IN MODERN LEGAL THEORY
VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIAThe article is devoted to the study of the problem of classification of legal facts – a fundamental category of the theory of law, which plays a key role in the mechanism of legal regulation. The author analyzes various approaches to defining the concept of a legal fact, draws a distinction with related categories. The methodological basis of the study
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2018
Legal theory provides conceptions of the sources of international law that differ according to time and place. Section 1 employs MacCormick’s explanation of institutional order to frame the ensuing discussion by arguing that conceptual understandings of law, including international law, are socially constructed.
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Legal theory provides conceptions of the sources of international law that differ according to time and place. Section 1 employs MacCormick’s explanation of institutional order to frame the ensuing discussion by arguing that conceptual understandings of law, including international law, are socially constructed.
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