form and substance in anglo american law a comparative study in legal reasoning legal theory and legal institutions

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Form And Substance In Anglo American Law

Author : P. S. Atiyah
ISBN : 9780198255772
Genre : Drama
File Size : 78. 89 MB
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This original book first offers a new way of analysing styles of legal reasoning - between more 'formal' and more 'substantive' styles, then analyses the differences between English and American legal thought and practice, suggesting that the English system is more 'formal' and the American more 'substantive'.

Form And Substance In Anglo American Law

Author : P. S. Atiyah
ISBN : 9780198257349
Genre : Law
File Size : 41. 55 MB
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This original book first offers a new way of analysing styles of legal reasoning - between more 'formal' and more 'substantive' styles, then analyses the differences between English and American legal thought and practice, suggesting that the English system is more 'formal' and the American more 'substantive'.

Form And Substance In Anglo American Law

Author : American Bar Association. Special Committee on Standards of Judicial Conduct
ISBN : OCLC:638265620
Genre :
File Size : 26. 51 MB
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Legal Reasoning

Author : Martin P. Golding
ISBN : 1551114224
Genre : Law
File Size : 70. 72 MB
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In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).

Immissionsschutzrecht Als Rechtsinstrument

Author : Michael Moeskes
ISBN : 3428479386
Genre :
File Size : 49. 96 MB
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Die Bilanzierung Von Pensionsgesch Ften Nach Hgb Us Gaap Und Ias

Author : Iris Oldenburger
ISBN : 9783322896469
Genre : Business & Economics
File Size : 25. 67 MB
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Iris Oldenburger präsentiert eine umfassende Analyse der Bilanzierung von Pensionsgeschäften im internationalen Vergleich und zeigt, dass sich § 340b HGB, SFAS 125 und IAS 39 unter Berücksichtigung der wirtschaftlichen Betrachtungsweise einander annähern.

Fundamentals Of Legal Argumentation

Author : Eveline T. Feteris
ISBN : 9789402411294
Genre : Philosophy
File Size : 53. 97 MB
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This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Evolution And Revolution In Theories Of Legal Reasoning

Author : Scott Brewer
ISBN : 0815326548
Genre : Law
File Size : 50. 41 MB
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Legal Knowledge And Analogy

Author : Patrick Nerhot
ISBN : 0792310659
Genre : Law
File Size : 88. 71 MB
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In Whose Name

Author : Armin von Bogdandy
ISBN : 9780191026959
Genre : Law
File Size : 26. 47 MB
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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

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