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Theory of Legal Evidence - Evidence in Legal Theory
  • Language: en
  • Pages: 274

Theory of Legal Evidence - Evidence in Legal Theory

  • Categories: Law

This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academ...

Ratio Legis
  • Language: en
  • Pages: 207

Ratio Legis

  • Categories: Law
  • Type: Book
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  • Published: 2018-05-02
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  • Publisher: Springer

The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality an...

Genossenschaften im Fokus einer neuen Wirtschaftspolitik
  • Language: en
  • Pages: 1719
Digital Bouncers
  • Language: en
  • Pages: 389

Digital Bouncers

Online content moderation is a well-known phenomenon. However, no consistent pattern exists on how it is done or how it is legally dealt with. This book addresses the complex issue of questionable content removals and account suspensions on social media platforms in the European Union, solving the existing legal ambiguity with a powerful roadmap designed to guide decision-makers in navigating online access rights and moderation issues. The roadmap’s elements are deduced from a technology-neutral comparative case law study of four Member States (Denmark, Germany, Italy, and the Netherlands) based on rigorous selection criteria that highlight the most salient distinctions that characterise l...

Certainty in Law
  • Language: en
  • Pages: 534

Certainty in Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-07-20
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  • Publisher: Springer

Instead of the usual apologetic treatment found in legal doctrine, linked to the determinacy, immutability or predictability of norms, this book treats legal certainty innovatively, holistically and in depth. Using a method at once analytical and functional, Professor Ávila examines the structural elements of legal certainty, from its definition and foundations to its various dimensions, normative forces and efficacies, citing a wealth of examples from case law to support each of the theses defended. No subject is more important and topical than legal certainty. Problems relating to lack of understanding, instability and unpredictability of law intensify day by day everywhere, in civil law ...

Beyond the Timeline: Resetting Historiography
  • Language: en
  • Pages: 296

Beyond the Timeline: Resetting Historiography

Different from literary works (prose, drama etc.) with techniques like montage and contemporary media (film, documentaries, video games, internet) where time-lines are being questioned through flashbacks and flashwords, historiography seems to have resisted such challenges. Most historiographical works (biographies, scholarly studies) still adhere to chronological narratives, even though the boundaries between history and literary fiction have been blurred over the past decades. Responding to 20th/21st c. attempts like Walter Benjamin’s prophetic historian, this volume asks: How to write history without following the chronologically oriented trajectory of time? The interdisciplinary contri...

Between Text, Meaning and Legal Languages
  • Language: en
  • Pages: 234

Between Text, Meaning and Legal Languages

This collection on legal interpretation in a broad sense presents state-of-the-art linguistic approaches that are applied for studying interpretation and meaning generation in various legal settings. It covers different aspects of the concepts like judicial dissent, court argumentation, investigating sociological meaning, or comparing legal meaning in comparative law. Scholars can turn to the volume for methods and findings to ground their own inquiries, and students will find guides to topics and methods in the field of law, meaning generation, and language.

Entstehung, Entwicklung und Wandel von Genossenschaften
  • Language: de
  • Pages: 197
2011
  • Language: en
  • Pages: 2983

2011

Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.

Objektivität und Flexibilität im Recht
  • Language: de
  • Pages: 220

Objektivität und Flexibilität im Recht

  • Categories: Law

Jochen Bung: Objektivitat im Recht als Wahrheitsbezug Andreas Funke: Lasst sich juristische Objektivitat auf eine "Allgemeine Rechtslehre" grunden? Vanessa Heinz: Schleier des Nichtwissens und Gesetzgebung Christian Schmid: Der Schleier des Nichtwissens Peng-Hsiang Wang: Recht, Semantik und Objektivitat Steffen Wesche: Objektive Bedingungen und relative Normen Carsten Backer: Die diskurstheoretische Notwendigkeit der Flexibilitat im Recht Verena Klappstein: Demokratische Legitimation und Grenzen der Verlagerung von Entscheidungen auf den Rechtsanwender Sascha Ziemann: Ist Rechtskraft noch zeitgemass? Zur Unflexibilitat des Rechtssystems bei der Durchfuhrung von Strafverfahren Nils Teifke: Fl...