On The Nature Of Legal Principles

Author : Martin Borowski
Publisher : Franz Steiner Verlag Wiesbaden gmbh
ISBN 13 : 9783515096089
Total Pages : 182 pages
Book Rating : 4.86/5 ( download)

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Download or read book On the Nature of Legal Principles written by Martin Borowski and published by Franz Steiner Verlag Wiesbaden gmbh. This book was released on 2010 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles theory, introduced by Ronald Dworkin and developed further by Robert Alexy, is at the centre of various debates in legal philosophy and legal theory. In the controversy over the concept of law, the argument from principles is advanced on behalf of a necessary connection between law and morality. In legal argumentation, the balancing of principles increasingly complements the classical methods of law application. The enquiry into weighing and balancing principles has led to important insights into the principle of proportionality, which for its part has proven to be of great importance in constitutional law, European law, and various other branches of law. This ARSP supplement brings together a number of contributions that address central aspects of the principles theory.

Author : Humberto Avila
Publisher : Springer Science & Business Media
ISBN 13 : 1402058799
Total Pages : 166 pages
Book Rating : 4.90/5 ( download)

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Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

Author : Melvin Aron Eisenberg
Publisher : Harvard University Press
ISBN 13 : 0674263251
Total Pages : 220 pages
Book Rating : 4.53/5 ( download)

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Download or read book The Nature of the Common Law written by Melvin Aron Eisenberg and published by Harvard University Press. This book was released on 1991-10-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use—or should use—in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.

Author : John Chipman Gray
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.71/5 ( download)

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Download or read book The Nature and Sources of the Law written by John Chipman Gray and published by . This book was released on 1909 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Emer de Vattel
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.51/5 ( download)

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Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Emer de Vattel
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.46/5 ( download)

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Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1760 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Jean Jacques Burlamaqui
Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.26/5 ( download)

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Download or read book The Principles of Natural and Politic Law written by Jean Jacques Burlamaqui and published by . This book was released on 1823 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : M.E. Bayles
Publisher : Springer Science & Business Media
ISBN 13 : 940093775X
Total Pages : 415 pages
Book Rating : 4.58/5 ( download)

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Download or read book Principles of Law written by M.E. Bayles and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars.

Author : Jean Jacques Burlamaqui
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.36/5 ( download)

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Download or read book The Principles of Natural Law ... written by Jean Jacques Burlamaqui and published by . This book was released on 1752 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Emer de Vattel
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775017
Total Pages : 658 pages
Book Rating : 4.10/5 ( download)

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Download or read book The Law of Nations, Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns written by Emer de Vattel and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vattel, Emmerich de; Joseph Chitty (editor). The Law of Nations; or Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns. From the French of Monsieur De Vattel. With Additional Notes and References by Edward D. Ingraham, Esq. Philadelphia: T.& J.W. Johnson, 1854. lxvi, 656 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. 2004. ISBN-13: 978-1-58477-501-0. ISBN-10: 1-58477-501-7. Cloth. $125.* Chitty [1776-1841], the distinguished English legal scholar, produced this edition of Vattel's classic study to bring it to the attention of a wider audience. "[I]t is of infinitely more extended utility, he observed, because it "contains a practical collection of ethics, principles, and rules of conduct to be observed and pursued, as well by private individuals as by states, and these of the utmost practical importance to the well-being, happiness, and ultimate and permanent advantage and benefit of all mankind." It should therefore be studied "by every gentleman of liberal education, and by youth, in whom the best moral principles should be inculcated. The work should be familiar in the Universities, and in every class above the inferior ranks of society. And, as regards lawyers, it contains the clearest rules of construing private contracts, and respecting Admiralty and Insurance law.": Preface v.