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 : 9780198257349
Genre : Law
File Size : 60. 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 : 9780198255772
Genre : Drama
File Size : 70. 76 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'.

Legal Reasoning

Author : Martin P. Golding
ISBN : 1551114224
Genre : Law
File Size : 67. 16 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).

Evolution And Revolution In Theories Of Legal Reasoning

Author : Scott Brewer
ISBN : 0815326548
Genre : Artificial intelligence
File Size : 73. 90 MB
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Fundamentals Of Legal Argumentation

Author : Eveline T. Feteris
ISBN : 9789402411294
Genre : Philosophy
File Size : 52. 60 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.

Legal Reasoning In Environmental Law

Author : Douglas Fisher
ISBN : 9781781008973
Genre : Law
File Size : 21. 30 MB
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ŠI am afraid that an endorsement of this kind, however condense and packed with praise, cannot do justice to Doug Fisher�s latest book. A respected and seasoned environmental law scholar, Fisher skilfully reminds us that law is about language and that

A Theory Of Precedent

Author : Raimo Siltala
ISBN : 9781847311504
Genre : Law
File Size : 52. 39 MB
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Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge's precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists. These competing models are tested against judicial experiences in the UK, US, France, Italy, Germany and Finland. By this means Lon Fuller's famous 'internal morality of law' is shown to function rather poorly in the context of precedents, and the author therefore suggests a redefinition of the rule which makes it work for precedent. This, in turn leads the author to confront fundamental questions about the normative nature of law. Is Kelsen's grundnorm or Hart's ultimate rule of recognition a valid rule, in the image of legal rules proper, or is it merely a social fact, observable only in the practices and behaviour of judges and other officials? The author claims that Hart is caught between Kelsen and J.L. Borges, the late Argentinian fabulist, in so far as the ontology and epistemology of the rule of recognition are concerned. This leads the author to the conclusion that the two predicaments affecting analytical positivism, namely the threat of endless self-referentiality, or infinite regress, can only be accounted for by means of recourse to the philosophy of deconstruction as posited by Jacques Derrida.

Legal Knowledge And Analogy

Author : Patrick Nerhot
ISBN : 0792310659
Genre : Law
File Size : 74. 33 MB
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The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe

Author : Martijn Hesselink
ISBN : 9789041119629
Genre : Law
File Size : 32. 37 MB
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In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

Product Safety And Liability Law In Japan

Author : Luke Nottage
ISBN : 9781134433896
Genre : Business & Economics
File Size : 56. 22 MB
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Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.

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