Sources Of Law And Legislation

Sources of Law and Legislation PDF
Author: Elspeth Attwooll
Publisher: Franz Steiner Verlag
ISBN: 9783515070737
Size: 12.20 MB
Format: PDF, ePub
Category : Social Science
Languages : en
Pages : 250
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Challenges to law at the end of the 20th Century.- v.3.

Sources Of Law Legal Change And Ambiguity

Sources of Law  Legal Change  and Ambiguity PDF
Author: Alan Watson
Publisher: University of Pennsylvania Press
ISBN: 9780812216394
Size: 23.59 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 168
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Why is the law notoriously unclear, arcane, slow to change in the face of changing circumstances? In this sweeping comparative analysis of the lawmaking process from ancient Rome to the present day, Alan Watson argues that the answer has largely to do with the mixed ancestry of modern law, the confusion of sources—custom, legislation, scholarly writing, and judicial precedent—from which it derives.

Sources Of Law

Sources of Law PDF
Author:
Publisher:
ISBN:
Size: 15.61 MB
Format: PDF, Docs
Category : Electronic books
Languages : en
Pages :
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Legal Theory Sources Of Law And The Semantic Web

Legal Theory  Sources of Law and the Semantic Web PDF
Author: A. Boer
Publisher: IOS Press
ISBN: 1607504278
Size: 72.96 MB
Format: PDF, Kindle
Category : Computers
Languages : en
Pages : 324
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Legal Theory, Sources of Law and the Semantic Web is an attempt to construct an integrated conceptual framework for the application-neutral and problem-neutral representation of sources of law using Semantic Web technology and concepts, and some technically straightforward extensions to Semantic Web technology based on established practices found in fielded applications. To construct this framework, the author disentangled some problems that are often mixed up in legal theory and – in extension – legal knowledge representation. The purpose of this framework is to provide a theoretical background for the creation of reusable and maintainable knowledge components representing knowledge of sources of law on the Semantic Web. These components should form a basis for the development for computer applications supporting straightforward, routine decision making problems using traditional methods. This book aims to be a work of ontology: an account of relevant aspects of the knowledge domain of law from the perspective of a legal knowledge engineer interested in sources of law. One cannot however say that the result of this work is an ontology: this book presents a mix of design principles, design patterns for knowledge representation in OWL DL and ontology fragments.

Rethinking The Sources Of International Law

Rethinking the Sources of International Law PDF
Author: Godefridus J. H. Hoof
Publisher: Brill Archive
ISBN: 9789065440853
Size: 62.76 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 322
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Deals with the concept of sources of international law.

Legal Scholarship As A Source Of Law

Legal Scholarship as a Source of Law PDF
Author: Fábio P. Shecaira
Publisher: Springer Science & Business Media
ISBN: 331900428X
Size: 20.11 MB
Format: PDF, Docs
Category : Philosophy
Languages : en
Pages : 90
View: 1443

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This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart’s jurisprudence. Indeed, the book’s analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship – or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal – can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.​

Custom As A Source Of Law

Custom as a Source of Law PDF
Author: David J. Bederman
Publisher: Cambridge University Press
ISBN: 1139493663
Size: 38.73 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages :
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A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.

Sources Of International Law

Sources of International Law PDF
Author: Vladimir Đuro Degan
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041104212
Size: 49.27 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 564
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A. PARTIES TO A TREATY.

Sources Of Law

Sources of Law PDF
Author: Thomas O'Malley
Publisher: Virago Press
ISBN: 9781858001852
Size: 57.96 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 357
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The Round Hall Guide to Sources of Law: An Introduction to Legal Research and Writing

Formalism And The Sources Of International Law

Formalism and the Sources of International Law PDF
Author: Jean d'Aspremont
Publisher: OUP Oxford
ISBN: 0191504823
Size: 65.97 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 288
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This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed as a theory of law ascertainment, as a means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the traditional sources of international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism). This paperback edition features the author's discussion of this book on the EJIL Talk blog.

The Sources Of International Law

The Sources of International Law PDF
Author: Hugh Thirlway
Publisher: OUP Oxford
ISBN: 0191508608
Size: 40.22 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 304
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In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Courts Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Courts structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.

The Oxford Handbook Of The Sources Of International Law

The Oxford Handbook of the Sources of International Law PDF
Author: Jean d'Aspremont
Publisher: Oxford University Press
ISBN: 0191062553
Size: 66.48 MB
Format: PDF
Category : Law
Languages : en
Pages : 900
View: 3157

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The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.