Search results for 'Procedure (Law' (try it on Scholar)

258 found
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  1.  64
    Iain Law (1999). Rule-Consequentialism's Dilemma. Ethical Theory and Moral Practice 2 (3):263-276.
    This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need (...)
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  2. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and (...)
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  3.  14
    Stasys Vėlyvis & Vilija Mikuckienė (2009). Origin of Bankruptcy Procedure in Roman Law. Jurisprudence 117 (3):285-297.
    In order to clarify the objectives of bankruptcy, to reveal the true essence of bankruptcy procedure and the origin of legal terms, it is necessary to ascertain the nature of this institute of law, as well as the reasons for its creation and development. This article provides historic analysis of the development of the institute of bankruptcy procedure. For this purpose, a historic comparative research is undertaken in the article, in order to find certain parallels of bankruptcy (...) under Roman law and the modern bankruptcy procedure. Roman law has been chosen as the most phenomenal ancient law for the purposes of undertaking a historic analysis of the development of bankruptcy procedure. In the authors’ opinion, it it the best example that reveals the origin of bankruptcy procedure, and the reasons for its formation. Analysis of certain private law institutes of Roman law enables the authors to conclude that the main features (principles) of the bankruptcy procedure formed precisely under Roman law: replacement of personal liability by pecuniary; public auction as a form of realization of debtor’s property; transition from selling of debtor’s property as a whole to disposal of property in divided property units; creation of subject, who administers auctions of debtor’s property under oath not to act in selfish purposes; setting of a term of 30 days, during which a debtor has to cover the debts (claims’ dispute resolution); establishment of the institute of informing creditors about initiated procedures of debt retrieval and encouragement to join these procedures; establishment of the ban to recover debts from household items; laying of the foundations of the institute of peace agreement between the debtor and his creditors; establishment of actio Pauliana - a remedy for the protection of creditors rights. The mentioned rules in one way or another eventually have been transferred to legal acts on legal relations in case of bankruptcy of many foreign countries. (shrink)
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  4.  6
    Ieva Deviatnikovaitė (2013). The Concept of European Administrative Law and the Background of the Development of the Law on Administrative Procedure of the European Union. Jurisprudence 20 (3):1005-1022.
    There are several reasons, according to which it is worth analyzing European administrative law. First, this is a rather new branch of law. Second, the European administrative law is treated in different countries from different legal traditions positions, consequently, any effort to unify the approach to it can provide a basis for a unified European administrative law model. Third, there are no works dedicated to the analysis of the phenomenon of the European administrative law in Lithuania. Therefore, this article deals (...)
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  5.  3
    Rima Azubalyte (2010). Tendencies of the Development of the Lithuanian Criminal Procedure Law. Jurisprudence 119 (1):281-296.
    The tendencies of the development of the Lithuanian criminal procedure within the recent twenty years, after Lithuania has regained its independence, are analyzed in the present article. The main factors which influence lawmaking in the sphere of criminal procedure as well as in the application of the criminal procedure norms are discussed. The constitutional imperatives and the human rights, fixed in international and the European Union agreements as the main factors determining the evolution of the law of (...)
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  6. Michael J. Gorr & Sterling Harwood (eds.) (1992). Controversies in Criminal Law: Philosophical Essays on Responsibility and Procedure. Westview Press.
  7.  14
    Donald A. Dripps (2009). The Priority of Politics and Procedure Over Perfectionism in Penal Law, or, Blackmail in Perspective. Criminal Law and Philosophy 3 (3):247-260.
    Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument (...)
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  8.  15
    Gerard V. Bradley (1998). Review Essay / Criminal Procedure as Constitutional Law. Criminal Justice Ethics 17 (1):58-66.
    Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles New Haven: Yale University Press, 1997, xi + 272 pp.
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  9. Henry Prakken (2001). Modelling Defeasibility in Law: Logic or Procedure? Fundamenta Informaticae 48 (2-3):253-271.
  10.  1
    Robin Seager & A. R. W. Harrison (1975). The Law of Athens. [2.] Procedure. Journal of Hellenic Studies 95:246.
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  11.  5
    P. J. Rhodes (1974). Legal Procedure at Athens A. R. W. Harrison: The Law of Athens: Procedure. Pp. Xiv+270. Oxford: Clarendon Press, 1971. Cloth, £3·75. [REVIEW] The Classical Review 24 (01):86-88.
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  12. Peter Scholz (1999). Legal Practice in the Malikite Law of Procedure. Al-Qantara: Revista de Estudios Árabes 20 (2):417-436.
     
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  13.  1
    Raimundas Jurka (2009). Controversial Aspects of the Existence of Witness' Interest in the Criminal Procedure. Jurisprudence 115 (1):359-376.
    Interest is one of the main sociological and legal categories, which help to discover relation between objective external tendencies and activities of a man. A witness who has procedural rights and obligations is allowed to protect these rights and obligations respectively and thus a witness begins to have an interest in criminal procedure. Two types of interests of witness could be accordingly distinguished, i.e. personal interest and legal interest. The analysis of witness’s interest in criminal cases allows to affirm (...)
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  14.  8
    José Manuel Aroso Linhares (2012). Law's Cultural Project and the Claim to Universality or the Equivocalities of a Familiar Debate. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):489-503.
    Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...)
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  15. Jose N. Nolledo (1969). Outline of Remedial Law and Legal & Judicial Ethics. Manila, Rex Book Store.
     
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  16.  2
    Marius Jonaitis & Inga Žalėnienė (2009). The Concept of Bar and Fundamental Principles of an Advocate's Activity in Roman Law. Jurisprudence 117 (3):299-312.
    In Roman civil procedure legal representatives (cognitores, procuratores) functioned together with their different assistants (advocati, patroni, oratores) who had the right to participate in the procedure together with the party and not instead of it. This article aims to show the peculiarities of the legal status of advocates, patrons, rhetoricians and other assistants of the litigants in civil procedure, the concept of a bar, as a professional corporation, presumption of its origin and mission in ancient Rome, origins (...)
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  17. Benjamin F. Butler, William Kent, David Graham & Edwin B. Clayton (1838). Inaugural Addresses, Delivered by the Professors of Law, in the University of the City of New-York, at the Opening of the Law School of That Institution. E.B. Clayton, Printer and Stationer.
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  18.  4
    Andrew Botterell (2009). Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan. Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you (...)
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  19.  11
    José de Sousa E. Brito (2012). Public Reason Between Ethics and Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):465-472.
    Rawls says that public reason is the reason of the citizens of a democratic state and takes the Supreme Court in the USA as the exemplar of public reason. It differs from non public reason, which is used e.g., in universities and academic institutions. Rawls contrasts with Kant, which opposes the public reason of the scholar—or the philosopher—, who speaks before the world, to the private reason of state or church officials. The later, once they accept an authority, cannot think (...)
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  20.  4
    Rima Ažubalytė (2012). Influence of the Jurisprudence of the Constitutional Court on the Criminal Procedure. Jurisprudence 19 (3):1059-1078.
    The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies on the works by professionals (...)
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  21.  73
    David Copp (1998). International Law and Morality in the Theory of Secession. Journal of Ethics 2 (3):219-245.
    In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to resolve (...)
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  22.  8
    Vytautas Nekrošius (2012). Protection of Public Interest in Civil Procedure and the Doctrine of the Constitutional Court. Jurisprudence 19 (3):1101-1110.
    On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of (...)
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  23.  6
    Artūras Panomariovas & Egidijus Losis (2010). Proportionality: From the Concept to the Procedure. Jurisprudence 120 (2):257-272.
    The present paper deals with an investigation of the conception and development of the idea (principle) of proportionality, the variety of concepts and the procedure for the verification of the principle of proportionality. The genesis of the conception of coercive measures is studied by reviewing the process of the formation of the current principle of proportionality manifested in the historical sources of the law of Prussia, Germany, and the evolution of the principles consolidated in them. The principle of proportionality (...)
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  24.  6
    Laurynas Pakštaitis (2013). Illicit Enrichment as a Crime According to the Criminal Law of Lithuania: Origins, Problems of Criminalization, Implementation and Perspectives. Jurisprudence 20 (1):319-341.
    Recent developments in criminal legislation of the Republic of Lithuania among other significant novelties include the criminalization of illicit enrichment as criminal offence. Such offence presents new legal instrument for the law enforcement in dealing with individuals who acquire property in doubtful ways. The crime of illicit enrichment is rather a novelty within the context of criminal legislation. Such novelty was largely based upon the requirements of United Nations Convention against Corruption, which stipulates the implementation of such legal measure. According (...)
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  25.  3
    Egidija Stauskienė (2012). Impact of Constitutional Justice on Lithuaniaʼs Civil Procedure. Jurisprudence 19 (3):1079-1099.
    The extent to which the legal doctrine addresses manifestations of constitutionalism has been constantly growing. However, the majority of research in constitutionalism focuses on the analysis of the power of the Constitution and the fundamental principles entrenched in it whereas ordinary branches of law, including civil procedure, affected by the constitutional law remains outside the scope of a deeper analysis. The author of the present paper is convinced that certain aspects of the impact of constitutional justice on such branches (...)
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  26.  2
    Egidijus Baranauskas (2009). Is It Easy to Remain Solely an Interpretator for a Court? Jurisprudence 116 (2):201-210.
    The boundary between interpretation and creation of law is sometimes so subtle and intangible that the court judgments may give rise to discussions about judges having taken the role of lawmakers. This article reveals the concept of ‘precedent’ in the Lithuanian legal system as the influence of the common law has increased on the continental law and ideas of stare decisis have been transferred to the Lithuanian legal system. The start for this was a famous judgment of 28 March 2006 (...)
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  27.  1
    Adrienne Barnett (2000). Getting a `Get' – the Limits of Law's Authority? N. V. N. (Jurisdiction: Pre-Nuptial Agreement) [1999] 2 F.L.R. 745. [REVIEW] Feminist Legal Studies 8 (2):241-254.
    This note examines the decision of the Family Division of the High Court in N. v. N. (Jurisdiction: Pre-Nuptial Agreement) in which, in the context of Jewish divorce proceedings, the Court found that it had no jurisdiction to order a husband, by specific performance of a marriage agreement, to go through the procedure to obtain a ‘get’ (a hand-written bill of divorcement) allowing his wife to remarry. First, discussion of the case is contextualised broadly within the debate on the (...)
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  28.  1
    Raimundas Jurka & Ernestas Rimšelis (2012). Optimisation of Criminal Procedure: Preconditions and Possibilities for Written Procedure. Jurisprudence 19 (2):753-769.
    Endeavours of politicians, representatives of law enforcement institutions and courts to create simplified, accelerated and less human and time resources requiring legal procedures in criminal cases prompted the authors of this article to assess the possibilities to develop the written form of procedure in Lithuania. The goal of the authors of this article is to assess the origin and goals of the written form of procedure, as well as to define the main rules and points for discussions on (...)
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  29.  1
    Raimundas Jurka (2010). Immunities of the Witness and Witnessing in the Criminal Procedure: The Problem of Identity and Relation. Jurisprudence 121 (3):269-282.
    The article deals with the discussion of the concept and implementation of immunities of the witness in the criminal proceedings in abstracto. The problem is whether the additional guarantee of protection of the witness’ procedural interests, which is fixed in the Law of the Criminal Procedure, is appropriately methodologically regulated, or whether certain immunities of the witness are appropriately perceived and applied in practice, is raised in the present article. Through this reason, the author, searching for the answers to (...)
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  30.  1
    Virgilijus Valančius & Aurimas Brazdeikis (2011). Different Approach to Losses Caused by the Abuse of Civil Procedure. Jurisprudence 18 (4):1467-1484.
    Recent major amendments of the Code of Civil Procedure of the Republic of Lithuania have added new and improved older procedural instruments that may be used for reimbursement of losses inflicted by the abuse of process. The law now clearly states that the court may take into account improper conduct of the participants when deciding on distribution of litigation costs. A fine in favour of the party aggrieved by the abuse may also be imposed. Therefore, in this article the (...)
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  31.  70
    Marek Piechowiak (1992). W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice]. Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law (...)
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  32.  34
    Harm Kloosterhuis (2000). Analogy Argumentation in Law: A Dialectical Perspective. [REVIEW] Artificial Intelligence and Law 8 (2-3):173-187.
    In this paper I investigate the similarities betweenthe dialectical procedure in the pragma-dialecticaltheory and dialectical procedures in AI and Law. I dothis by focusing on one specific type of reasoning inlaw: analogy argumentation. I will argue that analogyargumentation is not only a heuristic forfinding new premises, but also a part of thejustification of legal decisions. The relevantcriteria for the evaluation of analogy argumentationare not to be found at the logical level of inference,but at the procedural level of the discussion. (...)
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  33.  7
    Charls Pearson (2008). Beyond Peirce: The New Science of Semiotics and the Semiotics of Law. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 21 (3):247-296.
    This paper shows how Peirce's semeiotic could be turned into a powerful science. The New Science of Semiotics provides not only a new paradigm and an empirical justification for all these applications, but also a rational and systematic procedure for carrying them out as well. Thus the New Science of Semiotics transforms the philosophy of law into the science of legal scholarship, the discipline that I call jurisology.
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  34.  4
    Laura Gumuliauskienė (2010). Implementation of European Enforcement Order Procedure – Lithuanian Approach (text only in Lithuanian). Jurisprudence 122 (4):135-152.
    This article provides a study of the legal regulations of the European enforcement order and the uniform enforcement of judgments without the exequatur procedure, which have been in place between the member states of the European Union for five years already. In the Lithuanian civil procedure law it details the implementation of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 for creating a European Enforcement Order for uncontested claims in the (...)
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  35. Maria Gabriella Esposito (2005). Tempo, Azione, Giudizio. A. Giuffrè.
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  36. Lili Ma (2012). Min Shi Si Fa Jie Shi Yan Jiu. Ren Min Fa Yuan Chu Ban She.
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  37. Robert Alexy (2010). The Dual Nature of Law. Ratio Juris 23 (2):167-182.
    The argument of this article is that the dual-nature thesis is not only capable of solving the problem of legal positivism, but also addresses all fundamental questions of law. Examples are the relation between deliberative democracy and democracy qua decision-making procedure along the lines of the majority principle, the connection between human rights as moral rights and constitutional rights as positive rights, the relation between constitutional review qua ideal representation of the people and parliamentary legislation, the commitment of legal (...)
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  38. Mark Timmons (2005). The Practical and Philosophical Significance of Kant's Universality Formulations of the Categorical Imperative. In B. Sharon Byrd & Jan C. Joerdan (eds.), Jahrbuch Für Recht Und Ethik. Duncker & Humblot
    This article begins with the claim that the Formula of Universal Law, interpreted as a test of the deontic status of actions, can't be made to work. If not, then one might wonder whether what other work it might do in the overall economy of Kant's ethics. I defend what I call the "formal constraint" interpretation of FUL, explaining how it can figure in a defense of the Formula of Humanity, and its psychological significance in moral thinking.
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  39.  9
    Paul Roberts (2013). Renegotiating Forensic Cultures: Between Law, Science and Criminal Justice. Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 44 (1):47-59.
    This article challenges stereotypical conceptions of Law and Science as cultural opposites, arguing that English criminal trial practice is fundamentally congruent with modern science’s basic epistemological assumptions, values and methods of inquiry. Although practical tensions undeniably exist, they are explicable—and may be neutralised—by paying closer attention to criminal adjudication’s normative ideals and their institutional expression in familiar aspects of common law trial procedure, including evidentiary rules of admissibility, trial by jury, adversarial fact-finding, cross-examination and the ethical duties of expert (...)
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  40.  18
    R. J. Cooper, P. Bissell & J. Wingfield (2007). Dilemmas in Dispensing, Problems in Practice? Ethical Issues and Law in UK Community Pharmacy. Clinical Ethics 2 (2):103-108.
    Do UK community pharmacists encounter the high drama dilemmas of the medical ethics literature or is a 'morality of the mundane' more appropriate? This paper presents the findings of a qualitative study that asked a sample of UK pharmacists to describe their ethical issues and to establish whether these were ethical dilemmas as understood philosophically or ethical problems of a more legal or emotional nature. It emerged that although many pharmacists referred to 'dilemmas', these were often problems involving a conflict (...)
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  41.  6
    John Horty (2015). Constraint and Freedom in the Common Law. Philosophers' Imprint 15 (25).
    This paper contributes to our formal understanding of the common law — especially the nature of the reasoning involved, but also its point, or justification, in terms of social coordination. I present two apparently distinct models of constraint by precedent in the common law, establish their equivalence, and argue for a perspective according to which courts are best thought of, not as creating and modifying rules, but as generating a social priority ordering on reasons through a procedure that is (...)
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  42.  2
    Douglas Walton (2005). An Automated System for Argument Invention in Law Using Argumentation and Heuristic Search Procedures. Ratio Juris 18 (4):434-463.
    . A heuristic search procedure for inventing legal arguments is built on two tools already widely in use in argumentation. Argumentation schemes are forms of argument representing premise‐conclusion and inference structures of common types of arguments. Schemes especially useful in law represent defeasible arguments, like argument from expert opinion. Argument diagramming is a visualization tool used to display a chain of connected arguments linked together. One such tool, Araucaria, available free at , helps a user display an argument on (...)
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  43.  17
    Ronald Laymon (1994). Demonstrative Induction, Old and New Evidence and the Accuracy of the Electrostatic Inverse Square Law. Synthese 99 (1):23 - 58.
    Maxwell claimed that the electrostatic inverse square law could be deduced from Cavendish's spherical condenser experiment. This is true only if the accuracy claims made by Cavendish and Maxwell are ignored, for both used the inverse square law as a premise in their analyses of experimental accuracy. By so doing, they assumed the very law the accuracy of which the Cavendish experiment was supposed to test. This paper attempts to make rational sense of this apparently circular procedure and to (...)
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  44.  72
    Brian Bix (2010). Will Versus Reason: Truth in Natural Law, Positive Law, and Legal Theory. In Kurt Pritzl (ed.), Truth: Studies of a Robust Presence. Catholic University of America Press
    This article is based on a Lecture given as part of the Franklin J. Matchette Foundation Lecture Series on Truth at the Catholic University of America, School of Philosophy, in 2002. It explores what theorists in the natural law tradition and modern legal theorists have argued about what makes propositions of morality and law true, focusing on the rubric of "reason" as opposed to "will." It seems probable, and perhaps inevitable, that theorists about the nature of truth in morality must (...)
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  45.  4
    Michael Friedewald & Dara Hallinan (2015). Open Consent, Biobanking and Data Protection Law: Can Open Consent Be ‘Informed’ Under the Forthcoming Data Protection Regulation? Life Sciences, Society and Policy 11 (1):1-36.
    This article focuses on whether a certain form of consent used by biobanks – open consent – is compatible with the Proposed Data Protection Regulation. In an open consent procedure, the biobank requests consent once from the data subject for all future research uses of genetic material and data. However, as biobanks process personal data, they must comply with data protection law. Data protection law is currently undergoing reform. The Proposed Data Protection Regulation is the culmination of this reform (...)
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  46.  8
    Donald R. Davis (2006). A Realist View of Hindu Law. Ratio Juris 19 (3):287-313.
    . Hindu law represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history. Hindu jurisprudential texts contain elaborate and careful philosophical reflections on the nature of law and religion. The nature of Hindu law as a tradition has been subject to some debate and some misunderstanding both within and especially outside of specialist circles. The present essay utilizes the familiar framework of legal realism to describe the fundamental concepts of law and legal (...)
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  47.  7
    Stefan Kirchner (2012). The Confessional Secret Between State Law and Canon Law and the Right to Freedom of Religion Under Article 9 of the European Convention on Human Rights. Jurisprudence 19 (4):1317-1326.
    Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under German law. (...)
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  48.  4
    Egidija Puzinskaitė & Romanas Klišauskas (2012). Tax Law System and Charging Principles. Jurisprudence 19 (2):675-695.
    Relying on the systematic, logical, and analytical methods, national legislation and some internationally accepted guidelines, as well as on the research conducted by the Lithuanian scientists and law practitioners, this article consistently and comprehensively deals with the problems arising in the areas of interpretation and application of tax law. The article examines the relevant tax concepts, studies the tax law system, deals with the relevant issues arising in the field of application of legal regulations on taxation, and provides a particularly (...)
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  49.  13
    C. Carey (1995). Rape and Adultery in Athenian Law. Classical Quarterly 45 (02):407-.
    It is a truism of modern discussions of Athenian law and oratory that the Athenians regarded adultery as a more heinous offence than rape. This consensus has been challenged in a valuable paper by E. M. Harris. But although Harris has successfully placed in question a number of assumptions about this area of Athenian law and ethics, I wish to argue that the traditional position is in its broad outlines correct. In this as in so many aspects of Athenian law (...)
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    Stefano Civitarese Matteucci (2010). Is Legal Positivism as Worthless as Many Italian Scholars of Public Law Depict It? Ratio Juris 23 (4):505-539.
    An increasing number of Italian scholars are beginning to share the idea that the conceptual basis of legal positivism (LP) is wrong, particularly in the field of Public Law. According to a group of theories called “neoconstitutionalism,” constitutionalism is to be understood not only as a principle based on the need to impose legal limits to political power, but also as an aggregation of values capable of continually remodelling legal relationships, positioning itself as a “pervasive” point of reference for legal (...)
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