Legal Interpretation And Scientific Knowledge

eBook Download

BOOK EXCERPT:

This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Product Details :

Genre : Law
Author : David Duarte
Publisher : Springer Nature
Release : 2019-09-25
File : 253 Pages
ISBN-13 : 9783030186715


Research Handbook On Legal Evolution

eBook Download

BOOK EXCERPT:

Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law.

Product Details :

Genre : Law
Author : Wojciech Zaluski
Publisher : Edward Elgar Publishing
Release : 2024-03-14
File : 515 Pages
ISBN-13 : 9781803921822


Law And Legal Interpretation

eBook Download

BOOK EXCERPT:

This title was first published in 2003. Leading contemporary essays on interpretation are assembled in this volume, which offsets them against a small number of "classical" works from earlier periods. It has long been recognized that textual sources (constitutions, statutes, precedents, commentaries) are central to developed systems of law and that interpretation of such texts is one highly important element in adjudication, legal practice and legal scholarship. Scholars have also contended that the totality of legal activity is "interpretive" in a wider sense and debates about objectivity have raged. The reasons for this development are here critically scrutinized.

Product Details :

Genre : Social Science
Author : Fernando Atria Lemaitre
Publisher : Routledge
Release : 2017-11-01
File : 594 Pages
ISBN-13 : 9781351770118


Marine Scientific Research New Marine Technologies And The Law Of The Sea

eBook Download

BOOK EXCERPT:

Marine Scientific Research, New Marine Technologies and the Law of the Sea offers expert insights into new legal developments covering marine scientific research (MSR) including marine genetic resources regime development and emerging marine technologies including floating nuclear power plants.

Product Details :

Genre : Law
Author : Keyuan Zou
Publisher : BRILL
Release : 2021-09-27
File : 277 Pages
ISBN-13 : 9789004469372


Objectivity In Jurisprudence Legal Interpretation And Practical Reasoning

eBook Download

BOOK EXCERPT:

This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.

Product Details :

Genre : Law
Author : Villa-Rosas, Gonzalo
Publisher : Edward Elgar Publishing
Release : 2022-10-18
File : 313 Pages
ISBN-13 : 9781803922638


Interpretivism And The Limits Of Law

eBook Download

BOOK EXCERPT:

What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.

Product Details :

Genre : Law
Author : Tomasz Gizbert-Studnick
Publisher : Edward Elgar Publishing
Release : 2022-12-08
File : 264 Pages
ISBN-13 : 9781802209327


Proportionality Balancing And Rights

eBook Download

BOOK EXCERPT:

The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.

Product Details :

Genre : Civil rights
Author : Jan-R. Sieckmann
Publisher : Springer Nature
Release :
File : 255 Pages
ISBN-13 : 9783030773212


Kelsenian Legal Science And The Nature Of Law

eBook Download

BOOK EXCERPT:

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

Product Details :

Genre : Law
Author : Peter Langford
Publisher : Springer
Release : 2017-05-16
File : 320 Pages
ISBN-13 : 9783319518176


Contemporary Perspectives On Legal Obligation

eBook Download

BOOK EXCERPT:

Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.

Product Details :

Genre : Law
Author : Stefano Bertea
Publisher : Routledge
Release : 2020-07-27
File : 280 Pages
ISBN-13 : 9781000094213


Law Interpretation And Reality

eBook Download

BOOK EXCERPT:

PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.

Product Details :

Genre : Philosophy
Author : P.J. Nerhot
Publisher : Springer Science & Business Media
Release : 2013-04-17
File : 457 Pages
ISBN-13 : 9789401578752