Search results for 'legal interpretation' (try it on Scholar)

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  1. Scott Soames, Toward a Theory of Legal Interpretation.score: 60.0
    By “legal interpretation” I mean the legally authoritative resolution of questions about what the content of the law is in its application to particular cases. It is the interpretation of legal texts by legally authoritative actors. One aspect of it is epistemological and one is constitutive. The epistemological task is to ascertain the content of laws resulting from previous actions of other legally authoritative sources. The constitutive task is to render an authoritative judgment that itself plays (...)
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  2. Vittorio Villa (2009). Inclusive Legal Positivism, Legal Interpretation, and Value-Judgments. Ratio Juris 22 (1):110-127.score: 60.0
    In this paper I put forward some arguments in defence of inclusive legal positivism . The general thesis that I defend is that inclusive positivism represents a more fruitful and interesting research program than that proposed by exclusive positivism . I introduce two arguments connected with legal interpretation in favour of my thesis. However, my opinion is that inclusive positivism does not sufficiently succeed in estranging itself from the more traditional legal positivist conceptions. This is the (...)
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  3. David O. Brink (1988). Legal Theory, Legal Interpretation, and Judicial Review. Philosophy and Public Affairs 17 (2):105-148.score: 60.0
    I argue that disputes within constitutional theory about whether recent supreme court decisions exceed the scope of legitimate judicial review and disputes within legal theory about the nature and determinacy of law are best seen and assessed as disputes over the nature of legal interpretation. I criticize the interpretive assumptions on which these disputes generally depend and defend a theory of interpretation which tends to vindicate the determinacy of law even in hard cases and the style (...)
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  4. Damiano Canale & Giovanni Tuzet (2007). On Legal Inferentialism. Toward a Pragmatics of Semantic Content in Legal Interpretation? Ratio Juris 20 (1):32-44.score: 60.0
    In this paper we consider whether a pragmatics of semantic content can be a useful approach to legal interpretation. More broadly speaking, since a pragmatic conception of meaning is a component of inferential semantics, we consider whether an inferentialist approach to legal interpretation can be useful in dealing with some problems of this important aspect of law. In other words, we ask whether Legal Inferentialism is a suitable conception for legal interpretation. In Section (...)
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  5. David S. Allen (1999). Critical Hermeneutics and American Legal Interpretation:A Search for the Meaning of New York Times V. Sullivan. Angelaki 4 (1):173 – 188.score: 60.0
    (1999). Critical hermeneutics and American legal interpretation:A search for the meaning of new york times v. sullivan. Angelaki: Vol. 4, Judging the law, pp. 173-188.
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  6. George H. Taylor, Legal Interpretation: The Window of the Text as Transparent, Opaque, or Translucent.score: 60.0
    It is a common metaphor that the text is a window onto the world that it depicts. I want to explore this metaphor and the insights it may offer us for better understanding legal interpretation. As in the opening epigraph from James Boyd White, I shall develop the metaphor of the text as window in three ways: the text may be transparent, opaque, or translucent. My goal will be to argue that the best way to understand legal (...)
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  7. Bruce Anderson (2010). The Nine Lives of Legal Interpretation. Journal of Macrodynamic Analysis 5.score: 60.0
    Legal scholars talk and write about interpretation in terms of the meaningof words, and for many legal philosophers legal interpretation involvessubsuming particular situations under general rules. However, the more youexamine legal interpretation the more confusing the whole idea ofinterpretation becomes. The aim of this paper is to use Bernard Lonergan'sdiscussion of functional specialization to make sense of this disorderlystate of affairs.
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  8. Susanna Lindroos-Hovinheimo (2009). Retracing One's Steps: Searching for the Ethics of Legal Interpretation. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (2):163-178.score: 60.0
    The article discusses the problem of interpretation in law. Are there some criteria by which we can distinguish a good interpretation from a bad one, interpretation from over-interpretation? It is argued in this article that there is always a choice in defining the meaning of a text and this choice can be seen as an ethical one. This article thus studies the question of limits of interpretation by focusing on the ethical elements of interpretation. (...)
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  9. Raimundas Jurka (2011). European Arrest Warrant: Some Questions on Legal Interpretation and Application. Jurisprudence 18 (1):327-343.score: 57.0
    The paper deals with certain aspects of the interpretation and application of the law pertaining to the European Arrest Warrant (EAW), which are related to a person’s right to question the possibility of criminal prosecution as well as to the impossibility of execution of criminal prosecution in respect of a person who was not surrendered to the Republic of Lithuania. It is observed that the procedures of the execution of the EAW in legal practice, as distinct from their (...)
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  10. Kent Greenawalt (2010). Legal Interpretation: Perspectives From Other Disciplines and Private Texts. Oxford University Press.score: 54.0
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  11. Roger Simonds (1995). Rational Individualism: The Perennial Philosophy of Legal Interpretation. Rodopi.score: 54.0
    Since this book is a cross-disciplinary study in philosophy and legal history, it may present some problems for readers who come to it with strong interests ...
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  12. Bert van Roermund (forthcoming). Following Legal Rules: Visibility and Feasibility. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-10.score: 54.0
    This paper reflects on the idea of ‘visualization’ of legal rules as part of an account of rule following in action. Presenting an alternative to Van Schooten’s (Jurisprudence and communication. Deborah Charles, Liverpool, 2012) account of interpretation, I first distinguish between two modes of interpretation: rehearsing and discursive. I argue that the former is the more basic one, relating to our respecting sources, rather than noticing signs, in action. In other (Wittgensteinian) words, we have to understand how (...)
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  13. Kent Greenawalt (2010). Comparative Legal Interpretation. Oxford University Press.score: 54.0
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  14. Andrei Marmor (ed.) (1995). Law and Interpretation: Essays in Legal Philosophy. Oxford University Press.score: 54.0
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays (...)
     
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  15. Jan Engberg (2002). Legal Meaning Assumptions – What Are the Consequences for Legal Interpretation and Legal Translation? International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (4):375-388.score: 52.0
    In this article, I discusssimilarities and differences between legaltranslators and legal interpreters. Thediscussion is centred around the impact thatthe choice of background assumptions as tomeaning of linguistic items in legal texts hason the way lawyers and translatorsconceptualise their own work, respectively. Thedispute between proponents of a strong and aweaker approach to legal meaning in legalinterpretation is presented and the relationsto legal translation is investigated. By way ofconclusion I present some of the majorconsequences for legal translators (...)
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  16. Pierluigi Chiassoni (2008). On the Wrong Track: Andrei Marmor on Legal Positivism, Interpretation, and Easy Cases. Ratio Juris 21 (2):248-267.score: 51.0
    Abstract. The paper argues for the following points: (1) Marmor's own understanding of "legal positivism" is different from the understanding defended, e.g., by Herbert Hart and Norberto Bobbio, and apparently misleads him into the wrong track of a theoretical inversion; (2) Marmor's two-stages model of (legal) interpretation—the understanding-interpretion model—provides no support for Marmor's own positivistic theory of law; (3) Marmor's concept of interpretation is at odds both with the basic tenets of Hartian and Continental methodological (...) positivism, on the one hand, and with the actual practice of legal interpretation in the Western world, on the other hand; (4) Marmor's concept of an easy case is likewise objectionable. (shrink)
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  17. Seema Shah & David Wendler (2010). Interpretation of the Subjects' Condition Requirement: A Legal Perspective. Journal of Law, Medicine and Ethics 38 (2):365-373.score: 51.0
    The U.S. Federal regulations allow institutional review boards (IRBs) to approve non-beneficial pediatric research when the risks are a minor increase over minimal, provided that the research is likely to develop generalizable knowledge about the subjects' disorder or condition. This “subjects' condition” requirement is quite controversial; commentators have argued for a variety of interpretations. Despite this considerable disagreement in the literature, there have not been any attempts to apply principles of legal interpretation to determine how the subjects' condition (...)
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  18. Lucia Morra (2010). New Models for Language Understanding and the Cognitive Approach to Legal Metaphors. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):387-405.score: 51.0
    The essay deals with the mechanism of interpretation for legal metaphorical expressions. Firstly, it points out the perspective the cognitive approach induced about legal metaphors; then it suggests that this perspective gains in plausibility when a new bilateral model of language understanding is endorsed. A possible sketch of the meaning-making procedure for legal metaphors, compatible with this new model, is then proposed, and illustrated with some examples built on concepts belonging to the Italian Civil Code. The (...)
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  19. Gerrit Betlem (2002). The Doctrine of Consistent Interpretation—Managing Legal Uncertainty. Oxford Journal of Legal Studies 22 (3):397-418.score: 51.0
    This article reviews ECJ case law on the conceptualization and legal circumscription of the doctrine of consistent interpretation, reflecting its fundamental importance as a mode of giving effect to Community law before national authorities. Legal uncertainty, an inherent characteristic of the technique, should be reduced, it is argued, by improving the reasoning of the ECJ's judgments. In particular, a highly critical discussion of the Arcaro judgment concludes that its precedent value is very limited. A parallelism in approach (...)
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  20. Sol Azuelos-Atias (forthcoming). The Legal Notion of “Linguistic Possibility”: The Israeli Case. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-16.score: 51.0
    After a brief survey of the Israeli legal system, I will elucidate how the method of judicial interpretation used in Israeli courts is applied by means of an example of the judicial interpretation of section 37 of the Land Appreciation Tax Law (1963) presented by Judge Grunis in the Shadmi case. This case reveals a controversy among the judges of the Israeli Supreme Court over the notion of “linguistic possibility”. As this notion is one of the judicial (...)
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  21. Joanna Jemielniak (2002). Just Interpretation: The Status of Legal Reasoning in the Continental Legal Tradition. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (4):325-335.score: 51.0
    The following text discusses an issueof legal interpretation status in continentalsystem of law. Exploring a metaphor of theinterpretation as a translation, it emphasizesits creative aspect, which has been deniedoften in modern times. Reminding the Romanorigins of contemporary continental legalsystems, it uses historical arguments to accentthe intrinsically inventive character of legalinterpretation.
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  22. Susanna Lindroos-Hovinheimo (2012). Justice and the Ethics of Legal Interpretation. Routledge.score: 51.0
    The shared nature of language -- Derrida on language and meaning -- Reading the law : hermeneutics and deconstruction -- The ethics of language -- Uncertain justice.
     
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  23. Andreas Hamfelt (1995). Formalizing Multiple Interpretation of Legal Knowledge. Artificial Intelligence and Law 3 (4):221-265.score: 48.0
    A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legal knowledge and its open texture. Since indeterminate, legal knowledge must be adapted to fit the circumstances of the cases to which it is applied. Whether a certain adaptation is lawful or not is measured by metaknowledge. But as this too is indeterminate, its adaptation to the case must be measured by metametaknowledge, etc. This hierarchical model of law is quite (...)
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  24. Natalie Stoljar (2001). Vagueness, Counterfactual Intentions, and Legal Interpretation. Legal Theory 7 (4):447-465.score: 48.0
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  25. Marta Chromá (2008). Semantic and Legal Interpretation : Two Approaches to Legal Translation. In V. K. Bhatia, Christopher Candlin & Paola Evangelisti Allori (eds.), Language, Culture and the Law: The Formulation of Legal Concepts Across Systems and Cultures. P. Lang.score: 48.0
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  26. Matti Sintonen (1979). On Legal Interpretation. In Aleksander Peczenik & Jyrki Uusitalo (eds.), Reasoning on Legal Reasoning. Society of Finnish Lawyers. 6--175.score: 48.0
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  27. Jerzy Wróblewski (1985). Legal Language and Legal Interpretation. Law and Philosophy 4 (2):239 - 255.score: 45.0
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  28. D. Lyons (1999). Open Texture and the Possibility of Legal Interpretation. Law and Philosophy 18 (3):297-309.score: 45.0
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  29. Daniel O. Nathan (1990). Skepticism and Legal Interpretation. Erkenntnis 33 (2):165 - 189.score: 45.0
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  30. Michael Salter (1999). Neo-Fascist Legal Theory on Trial: An Interpretation of Carl Schmitt's Defence at Nuremberg From the Perspective of Franz Neumann's Critical Theory of Law. Res Publica 5 (2):161-193.score: 45.0
    This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of (...)
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  31. Vittorio Frosini (1993). Law-Making and Legal Interpretation. Ratio Juris 6 (1):118-123.score: 45.0
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  32. Jose de Sousa E. Brito (1994). Legal Interpretation and Practical Inference. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 7 (1):101-107.score: 45.0
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  33. Amir Horowitz (2000). Legal Interpretation, Morality, and Semantic Fetishism. American Philosophical Quarterly 37 (4):335 - 357.score: 45.0
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  34. Doris Liebwald (2013). Law's Capacity for Vagueness. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):391-423.score: 45.0
    This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is (...)
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  35. Francesca Poggi (2011). Law and Conversational Implicatures. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (1):21-40.score: 45.0
    This essay investigates the applicability of Grice’s theory of conversational implicatures to legal interpretation, in order to highlight some of its characteristics. After introducing the notions of language and discourse, and briefly explaining the most salient aspects of Grice’s theory, I will analyse the interpretation of two types of legal acts; authoritative legal acts and acts of private autonomy. Regarding the first class, exemplified by statutes, I will argue against the applicability of Gricean theory due (...)
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  36. Tercio Sampaio Ferraz (2011). On Sense and Sensibility in Legal Interpretation. Rechtstheorie 42 (2):139-144.score: 45.0
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  37. Valerio Nitrato Izzo (2012). Beyond Consensus: Law, Disagreement and Democracy. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):563-575.score: 45.0
    Nowadays democratic liberal societies face a rising challenge in terms of fragmentation and erosion of shared values and ethical pluralism. Democracy is not anymore grounded in the possibility of a common understanding and interpretation of the same values. Neverthless, legal and political philosophy continue to focus on how to reach consensus, especially through monist, objectualist, contractualist, discursive and deliberative approaches, rather than openly affording the issue of disagreement. Far from being just a disruptive force, disagreement and conflict are (...)
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  38. Nancy "Ann" Davis (1989). Book Review:Mother-Love and Abortion: A Legal Interpretation. Robert D. Goldstein. [REVIEW] Ethics 99 (4):957-.score: 45.0
  39. Bogumił Pahl (2013). Principles of Legal Interpretation of a Normative Definition of the Term “Building Structure” for the Needs of the Imposition of a Real Estate Tax in Poland. Studies in Logic, Grammar and Rhetoric 33 (1):9-23.score: 45.0
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  40. David O. Brink (2001). Legal Interpretation, Objectivity and Morality. In Brian Leiter (ed.), Objectivity in Law and Morals. Cambridge University Press. 12--65.score: 45.0
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  41. Peter P. Cvek (1995). Roger T. Simonds, Rational Individualism: The Perennial Philosophy of Legal Interpretation Reviewed By. Philosophy in Review 15 (5):359-361.score: 45.0
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  42. Daniel Frost (forthcoming). Getting Into Mischief: On What It Means to Appeal to the U.S. Constitution. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21.score: 45.0
    In this chapter I seek to rehabilitate and elaborate the so-called “mischief rule” of English law. I begin by interrogating two views of legal and constitutional interpretation which make symmetrical mistakes about legal interpretation: Larry Alexander and Emily Sherwin’s view in Demystifying Legal Reasoning and Jack Balkin’s in Living Originalism. Against these views I argue that the appropriate interpretation of laws is guided by the “mischief” the legislators were trying to remedy when they created (...)
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  43. Mariusz Popławski (2013). Legal Interpretation of Polish Tax Law Based on the Institution of Remuneration of Excess Payment – Selected Issues. Studies in Logic, Grammar and Rhetoric 33 (1):39-49.score: 45.0
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  44. Tomasz Stawecki (2012). Autonomous Constitutional Interpretation. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):505-535.score: 45.0
    Certain works in the most recent Polish constitutional law literature suggest that there is acceptance of the principle or the concept of autonomous interpretation of a constitution (autonomy of interpretation of constitutional terms). The Constitutional Tribunal also makes reference to this in numerous rulings. Paradoxically, however, that concept is not very popular in legal theory. It might seem that Polish legal theoreticians and philosophers do not appreciate the concept of interpretation of a constitution devised through (...)
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  45. Mark Greenberg (2011). Legislation as Communication? Legal Interpretation and the Study of Linguistic Communication. In Andrei Marmor & Scott Soames (eds.), Philosophical Foundations of Language in the Law. Oxford University Press, Usa.score: 45.0
     
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  46. Winnie le ChengCheng (2012). Legal Interpretation: Meaning as Social Construction. Semiotica 2012 (192).score: 45.0
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  47. Michel Rosenfeld (1992). Deconstruction and Legal Interpretation. In Drucilla Cornell, Michel Rosenfeld & David Carlson (eds.), Deconstruction and the Possibility of Justice. Routledge.score: 45.0
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  48. Eveline T. Feteris (2002). A Pragma-Dialectical Approach of the Analysis and Evaluation of Pragmatic Argumentation in a Legal Context. Argumentation 16 (3):349-367.score: 42.0
    This paper answers the question how pragmatic argumentation which occurs in a legal context, can be analyzed and evaluated adequately. First, the author surveys various ideas taken from argumentation theory and legal theory on the analysis and evaluation of pragmatic argumentation. Then, on the basis of these ideas, she develops a pragma-dialectical instrument for analyzing and evaluating pragmatic argumentation in a legal context. Finally she demonstrates how this instrument can be used by giving an exemplary analysis and (...)
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  49. S. Brincat (2009). The Legal Philosophy of Internationally Assisted Tyrannicide. Australian Journal of Legal Philosophy 34:151-192.score: 42.0
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  50. Hans Paul Prümm (2009). Reducing Irrationality of Legal Methodology by Realistic Description of Interpretative Tools and Teaching the Causes of Irrationality in Legal Education. Jurisprudence 115 (1):199-219.score: 42.0
    Lawyers pretend as if the process of application of laws, as well as its outcome, could be an analytic-deductive derivation; especially law students learn that legal decision-making is primarily a logic process. But we know that application of laws depends on analytic-logical as well as on voluntaristic (wilful) elements. Exact relations between these components are unknown and will be unknown. At most German law schools students as the most important imperative tool learn the so called “Auslegung” through the use (...)
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