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Law, Interpretation and Reality
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 id...
Legal Knowledge and Analogy
3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be class...
Contract Interpretation in Investment Treaty Arbitration
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
La métaphysique de la présence de l’absence
“Maintenant”. Cette représentation du sens par évocation d’une temporalité conjugue diverses formes de l’“être” mais toutes ont en commun ceci : “sens” signifie présence. La “conscience” est synonymie de ce “maintenant” parce que tous deux sont la transcription d’une métaphysique de la présence. “Maintenant-conscience de” : une représentation compose la cognition déterminée par cette métaphysique, c’est cela la condition de notre savoir. “Représentation” d’un savoir, un non-su appartient au champ du savoir. Tout savoir, en effet, est savoir qui implique une représentation d’un non-su qu’il institue dans ce mode même qui le constitue com...
Law and the Humanities
A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.
Temporality in Life As Seen Through Literature
With a wealth of papers in its pages, this book examines that fundamental of human philosophy, the relationship between human beings and time. Having the human subject – the creator – at its center, literature is essentially engaged in temporality whether that of the mind or of the world of life through the creative process of writing, stage directing, or the reader’s and viewer’s reception. This text examines, among others, the work of Proust and Kafka.
Law, Writing, Meaning
Analogical reasoning provides the starting point for Nerhot's analysis of the nature of legal interpretation. In the first part of the book, which concentrates on the modern European tradition, he develops a hermeneutical stance on questions of reality, truth and rationality - especially in relation to the focal status of the text as posed in legal science - and more widely in the work of key political theorists such as Bobbio. Part II pursues these themes through an 'archaeology' of the modern. Linking the development of legal knowledge to Christian concepts of time, and posing the role of philology as the 'political science' of pre-modernity, it ultimately disrupts some of the current conventions about the status of modernity by showing the active influence of legal knowledge in forming a pre-modern Western rationalist tradition.
Access to Medicines and Vaccines in the South
How can developing countries maximize some of the beneficial rules and policies provided to them by the EU and international organizations to reduce public health plight in terms of inadequate access to medicines and vaccines? The author identifies ways in which policy makers and legislators can optimally use extant rules to enhance healthcare provision.
Coherence Between Data Protection and Competition Law in Digital Markets
In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a se...
