This chapter depicts John Austin's and Hans Kelsen's theories of law as basic prototypes of legal positivism and then examines Hart's criticisms to them. The chapter shows that Austin and Kelsen were primarily intent on setting the borders of jurisprudence as a new scientific discipline. Austin...
4) theoretical law 理论法学 1. The using of the useless and the uselessness of the used——reflection on the judicial examination of thetheoretical law; 无用之用与用之无用——理论法学对司法考试的反思 更多例句>> 5) the civil law theories ...
《法律理论》(Legal Theory)是一本以LAW综合研究为特色的国际期刊。该刊由Cambridge University Press出版商该刊已被国际重要权威数据库SCIE收录。期刊聚焦LAW领域的重点研究和前沿进展,及时刊载和报道该领域的研究成果,致力于成为该领域同行进行快速学术交流的信息窗口与平台。该刊2023年影响因子为1.2。CiteScore指数值为...
A foreclosed upon property owner appealed a decision in favor of defendant entities that foreclosed upon her, after a trial court granted summary judgment in their favor. The owner had brought various theories as to why the foreclosure was wrongful. Tek Grubu v. Coretitle LLC Posted Date: Th...
The disorder of law : a critique of legal theory A critical examination of contemporary theories of law, which encompasses an alternative theory of law and its interaction with the societal systems of whi... CJG Sampford - 《Disorder of Law A Critique of Legal Theory》 被引量: 20发表: 198...
This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and ...
After introducing the ethical theories behind this principle, the authors describe the history and current status of the law, detailing all legal requirements for practitioners. They consider the problems faced when these theories and laws are applied in a clinical setting, offering suggestions for ...
2094 (legal realism and legal positivism were, in fact, deeply antagonistic theories). 2. H. L. A. Hart, The Concept o f L a w (Oxford: Clarendon Press, 1961).See, e.g., Mi- chael S. Moore, The Need for a Theory of Legal Theories, CornellLaw Review 69 (1984): 988-1013, ...
Based on US and British regulations in force, this article offers an overview of legislation of two Common Law countries in the area of modern forms of law
This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to address sufficiently in the dimensions of power, meaning, ... SE Merry - 《Studies in Law Politics & Society》 被...