Theory Of Legal Principles PDF Download
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| Author | : Humberto Avila |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 166 |
| Release | : 2007-09-26 |
| Genre | : Law |
| ISBN | : 1402058799 |
Download Theory of Legal Principles Book in PDF, ePub and Kindle
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 | : M.E. Bayles |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 415 |
| Release | : 2012-12-06 |
| Genre | : Philosophy |
| ISBN | : 940093775X |
Download Principles of Law Book in PDF, ePub and Kindle
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 | : Martin Borowski |
| Publisher | : Franz Steiner Verlag Wiesbaden gmbh |
| Total Pages | : 182 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 9783515096089 |
Download On the Nature of Legal Principles Book in PDF, ePub and Kindle
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 | : Raymond Wacks |
| Publisher | : OUP Oxford |
| Total Pages | : 197 |
| Release | : 2014-02-27 |
| Genre | : Law |
| ISBN | : 0191510645 |
Download Philosophy of Law: A Very Short Introduction Book in PDF, ePub and Kindle
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
| Author | : Marett Leiboff |
| Publisher | : |
| Total Pages | : 342 |
| Release | : 2004-01 |
| Genre | : Jurisprudence |
| ISBN | : 9780455219448 |
Download Legal Theories Book in PDF, ePub and Kindle
Contains an integration of methods to be used for teaching and learning of legal theory. The text examines the uses of theory in the Australian legal environment by demonstrating how certain theories are explicitly or implicitly used by the courts to frame judgements.
| Author | : Laura Pineschi |
| Publisher | : Springer |
| Total Pages | : 330 |
| Release | : 2015-06-22 |
| Genre | : Law |
| ISBN | : 3319191802 |
Download General Principles of Law - The Role of the Judiciary Book in PDF, ePub and Kindle
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
| Author | : Sir John William Salmond |
| Publisher | : |
| Total Pages | : 284 |
| Release | : 1893 |
| Genre | : Jurisprudence |
| ISBN | : |
Download The First Principles of Jurisprudence Book in PDF, ePub and Kindle
Title on spine: The principles of jurisprudence.
| Author | : Charles T. Kotuby, Jr. |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2017-02-15 |
| Genre | : Law |
| ISBN | : 0190642726 |
Download General Principles of Law and International Due Process Book in PDF, ePub and Kindle
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
| Author | : Herbert Lionel Adolphus Hart |
| Publisher | : |
| Total Pages | : 263 |
| Release | : 1986 |
| Genre | : Jurisprudence |
| ISBN | : |
Download The Concept of Law Book in PDF, ePub and Kindle
| Author | : R. H. Helmholz |
| Publisher | : Harvard University Press |
| Total Pages | : 285 |
| Release | : 2015-06-08 |
| Genre | : Law |
| ISBN | : 0674504615 |
Download Natural Law in Court Book in PDF, ePub and Kindle
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
