Relevant bibliographies by topics / Legal theory, jurisprudence and legal interpretation

Academic literature on the topic 'Legal theory, jurisprudence and legal interpretation'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Legal theory, jurisprudence and legal interpretation"

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Łakomy, Jakub. "Critical Jurisprudence of Duncan Kennedy and the Status of the Theory of Legal Interpretation." Krytyka Prawa 12, no. 3 (September 15, 2020): 70–89. http://dx.doi.org/10.7206/kp.2080-1084.396.

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Zirk-Sadowski, Marek. "Problemy wyboru pomiędzy konkurującymi modelami wykładni prawa." Przegląd Prawa i Administracji 104 (October 19, 2016): 155–69. http://dx.doi.org/10.19195/0137-1134.104.10.

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PROBLEMS OF CHOICE BETWEEN COMPETING MODELS OF THE INTERPRETATION OF THE LAWThe plurality of theories of legal interpretation is well described in the legal literature. According to the author, the choice between the models of interpretation has to be based on the thesis that the full conception of the legal interpretation includes three levels of reflection: firstly, epistemology established for the theory of the interpretation, secondly, determining the relation between the theory of the interpretation and interpretative doctrine ius interpretandi and thirdly, structure of the theory of the interpretation which is a result of methodological solutions accepted by the type of jurisprudence. The paper has been devoted to discussing these three problems.
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Bekrycht, Tomasz, and Rafał Mańko. "Polish Jurisprudence in the 20th Century: A General Overview." Review of Central and East European Law 45, no. 2-3 (June 23, 2020): 181–99. http://dx.doi.org/10.1163/15730352-04502001.

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The present paper provides a general overview of the sources of inspiration and main currents in Polish jurisprudence in the 20th century, especially in the post-War and contemporary period. The paper notes that the main sources of inspiration in the early 20th century included Leon Petrażycki, Bronisław Wróblewski, Czesław Znamie-rowski and Jerzy Lande, who exerted a great influence on the first generation of Polish post-War legal theorists. The Lvov-Warsaw school of analytical philosophy also had a huge impact on Polish jurisprudence, as the school to a large extent determined the research questions posed by Polish legal theorists. Indeed, analytical legal theory can be said to have dominated Polish jurisprudence from the 1950s up to the end of the 1980s. After 1989, a broad current of new philosophical approaches to jurisprudence emerged, including legal hermeneutics and philosophies of interpretation, legal ethics, postmodern and critical legal theory, the phenomenology of law as well as an original Polish achievement – the legal theory of ‘juriscentrism’.
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Bilozʹorov, YE. "Jurisprudence activity based theory: general characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 19–23. http://dx.doi.org/10.24144/2307-3322.2022.70.2.

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The article is devoted to general characteristics of the activity based theory as a constituent of jurisprudence, a theory by means of which legal phenomena can be interpreted. It is emphasized that the activity based theory could be methodological means of knowledge of law that has not become the subject of comprehensive knowledge at present. It is noted that psychology has long considered the theory of activity as a constituent part of the epistemology of its subject, but there were not conducted comprehensive research of the activity based theory as a component of jurisprudence within the domestic legal science. Attention is paid on three components of the theory of activity allowing us to consider it as a possible constituent of jurisprudence. The object is the first crucial feature of the activity based theory. Legal phenomena as dynamic phenomena are being the object of the activity based theory that in turn is a component of jurisprudence The second important characteristic feature of the activity based theory is the content The activity based theory is a system of knowledge about legal phenomena. This knowledge allows revealing the essence, functioning and legal phenomena’s development tendencies. The third significant characteristic feature of the activity based theory is the conceptual and categorical apparatus. It is noted that the terminology of the theory of activity largely includes terms inherent in everyday language, and such a feature of the theory of activity terminology has not interfered with the possibility of its use in explaining psychological phenomena. It is summarized that the further national legal system development aimed at entering the European legal culture involves a change in the paradigm of perception of law, and interpretation of legal phenomena. One of the important means of ensuring the effectiveness of law and overcoming legal dogmatism is the jurisprudence activity based theory. The potential epistemological possibilities of the theory of activity in the field of law are determined by the inherent human nature of the desire for activity, coexistence in law and order, and the connection of law with the human state of mind. The jurisprudence activity based theory can be a means of interpreting of legal phenomena as dynamic phenomena. The social nature of law determines the variability of law that should correspond to the relations governed by legal norms. The jurisprudence activity based theory allows finding out legal phenomena’s origin, functioning and trends in their development.
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Frolova, Elizaveta A. "V.S. Gruzdev. Realism in jurisprudence: theoretical, methodological and historical aspects." Gosudarstvo i pravo, no. 5 (2022): 181. http://dx.doi.org/10.31857/s102694520019746-1.

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In the review of V.S. Gruzdev’s monograph “Realism in jurisprudence: theoretical, methodological and historical aspects” it is noted that the research of the author of the reviewed work seems to be in demand by modern philosophy and jurisprudence. The purpose of this monograph is to study on the basis of original texts the main directions of legal realism as a paradigm of legal understanding in the context of its genesis, typology, main interpretations and directions of development, to show its evolution and interpretation. To achieve it, the author solves a number of theoretical, methodological and methodical tasks: generalizes approaches in domestic and foreign literature to the interpretation and justification of realism as a theoretical and methodological attitude and method of cognition of law; identifies the main directions of evolution and typology of conceptual legal realism; explores the concept of activity as a semantic characteristic of legal practice; analyzes the most significant trends in the evolution of legal realism in the history of Western European and Scandinavian legal thought; explores the specifics of American legal realism; determines the role of realism among the dominants in the history of Russian legal thought. The issues raised in the monograph and their presentation are of interest for further scientific research in the field of theory, Philosophy and Sociology of Law, history of political and legal doctrines, history and methodology of legal science.
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Minchenko, Olha. "Perception of law through the prism of legal and linguistic theory." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 48–53. http://dx.doi.org/10.31733/2078-3566-2021-1-48-53.

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The relevance of the article is stipulated by the necessity to involve in jurisprudence the results of research obtained by intersectoral science – legal linguistics, the provisions of which are an important methodological basis for knowledge of law in postmodern society. The aim of the paper is to elucidate the importance of understanding law in modern conditions by means of legal and linguistic theory. It is noted that in the conditions of postmodern society objects and phenomena are perceived through different discourses, actualizing the issue of hermeneutics. Including in the field of epistemology of legal phenomena and processes. The papers of domestic scholars, the object of which is the issue of legal linguistics and which are divided into two groups are analyzed: papers of specialists in the field of linguistics (in these papers the attention of scholars focuses on linguistic features of legal texts - stylistics, morphology, etc.) and legal publications on certain aspects of legal linguistics. It is substantiated that within the framework of domestic jurisprudence the subject of legal and linguistic theory as a component of jurisprudence and, accordingly, the perception of law by means of the provisions of legal linguistics is poorly studied. Emphasis is placed on the fact that legal and linguistic theory, as a component of jurisprudence, provides an understanding of law, legal phenomena and processes by means of the social and cultural context in general and language, in particular, which connects it with theories of law understanding and law enforcement. It is the paradigmatic nature of legal and linguistic theory that allows us to perceive legal phenomena in a new way. It is emphasized that the legal and linguistic theory of jurisprudence does not consider law separately, language separately, and does not emphasize one of these objects; within it there is a single object - law and language. It is summarized that in the conditions of postmodern society there is a rethinking of social phenomena, including law. Hermeneutic interpretation becomes crucial epistemological tool of the humanities. In the awareness that legal phenomena and processes are not limited to the text of the legal act, and law is interpreted as an act of speech communication, it is legal linguistics that could become an adequate response to modern challenges.
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Nelson, B. L. S. "Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace." Canadian Journal of Law & Jurisprudence 33, no. 1 (February 2020): 183–214. http://dx.doi.org/10.1017/cjlj.2019.35.

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This paper explores the possibility that Hobbesian jurisprudence is best understood as a “third way”? in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential “third theories”? of law—legal pragmatism and legal dualism—and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading.
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Bekrycht, Tomasz. "Jerzy Wróblewski’s Concept of Legal Interpretation in its Axiological and Epistemological Context." Review of Central and East European Law 45, no. 2-3 (June 23, 2020): 217–28. http://dx.doi.org/10.1163/15730352-04502002.

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The work of Jerzy Wróblewski has had a huge impact not only on the theory and philosophy of law, both in Poland and internationally, but also on the whole of ​​jurisprudence, especially the fields of doctrinal legal research and the practical application of the law (in particular on adjudication). The aim of this study is to present one of Wróblewski’s most influential concepts, namely the theoretical model of judicial interpretation, from the point of view of axiology and epistemology in the field of jurisprudence.
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Vlasenko, Nikolay A. "Leader in law theory: in memory of Alexander Fedorovich Cherdantsev." RUDN Journal of Law 25, no. 4 (December 15, 2021): 917–29. http://dx.doi.org/10.22363/2313-2337-2021-25-4-917-929.

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The article is dedicated to the memory of Professor A.F. Cherdantsev, a well-known Russian legal theorist. In the focus are creative periods of the scientist's life. Particular attention is paid to his contribution to the development of legal science with the emphasis on law interpretation, scientists achievements in the field of investigating epistemological nature, values (principles) of interpretation of legal norms, formulation of linguistic, systemic and other rules. The author's contribution to the development of methodology of law and his criticism of the integrative approach in jurisprudence have also been illustrated. The article analyzes the scholars development of the legal norm doctrine, its structure, technical and legal regulations, etc. His contribution to the development of educational literature is separately considered and highly appreciated. The tribute is also given to his individual scientific papers. It is proposed to systematize and republish Professor Cherdantsevs works.
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Sichevliuk, V. A. "Interrelation of theoretical concepts of jurisprudence and legal practice (using the example of the category «legal subjectity»)." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 94–99. http://dx.doi.org/10.33663/2524-017x-2021-12-15.

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The article discusses the interrelation between theoretical concepts of jurisprudence and legal practice on the exampleof the category «legal subjectity». With an indication of real practical situations, the necessity of implementing the relevant theoretical achievements of legal science in the standards of practical legal activity is justified. It is noted that at the level of practice the integral content of legal categories, principles and other theoretical concepts of jurisprudence is inevitably operationalized and takes the form of terms. At the same time, the requirement for the unambiguity of the latter creates a constant need for practice in interpreting their content. The correct interpretation of the terms involves a combination of the achievements of theory and practical experience. Deviation from this rule leads to errors in terminology and mistakes in the interpretation of law. Attention is drawn to the need of using in the texts of judicial, administrative, contractual, and other documents the correct wording on the legal subjectity of separated units and governing bodies of legal entities. The contradictions of the notion of «complex legal entity» are also highlighted. Examples are given of how the legislative acts of Ukraine in some cases do not correspond to the basic principles of the legal entity institution, allowing the existence in the internal organizational space of legal entities of other legal entities. It is emphasized that this status of structural subdivisions of organizations and public authorities contradicts the need to ensure their organizational integrity as subjects of law, endowed with a complete kind of legal subjectity, namely «personal legal subjectity». Keywords: theoretical concepts of jurisprudence, category «legal subjectity», legal entity, personal legal subjectity, structural division of a legal entity.
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Dissertations / Theses on the topic "Legal theory, jurisprudence and legal interpretation"

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Deagon, Alex. "The Contours of Truth: Using Christian Theology and Philosophy to Construct a Jurisprudence of Truth." Thesis, Griffith University, 2015. https://eprints.qut.edu.au/110544/2/110544.pdf.

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This thesis proposes that the modern Western legal system contains secularised or otherwise distorted Christian theology as an integral part of its conceptual foundation. It argues that this secularisation has led to legal violence in the form of antagonism between the members of the legal community, and alienation of the individuals in the community from each other and the state. In order to establish a peaceful system of law and mitigate this violence, the thesis contends that these distorted concepts ought to be identified and returned to their ‘orthodox’ understandings. In particular, the Christian ideas of truth, faith and reason require analysis in a jurisprudential context. To this end, the thesis engages the work of John Milbank and attempts to articulate a particular conception of the relationship between truth, faith and reason – one which will be conducive to the construction of a legal community characterised by peace rather than violence. The introductory chapter summarises the thesis and its methodology, and positions the thesis in its relevant jurisprudential, philosophical and theological context. The first chapter of the thesis more specifically structures the content by reviewing and critiquing John Milbank’s work in terms of constructing working definitions of truth, faith and reason. Having proposed these, chapter two examines and extends Milbank’s theological critique of science, exposing the secularisation of ‘scientific’ reason and its divorce from ‘Christian’ faith which forms the foundation for ‘modern’ (secular) thinking. With an analysis of Jacques Derrida in chapter three, the thesis proceeds to explain how faith and reason are reconciled in Christian theology, allowing the development of a ‘post-modern’ theology with the view of producing peace rather than violence. Chapter four adopts this postmodern theology, tracing the genealogy of secularisation and violence in the development of law and the modern legal community. This shows the contingent nature of the secular legal system and creates a space for it to be redeemed and made peaceful. Chapter five commences the process of articulating this Christian idea of a peaceful legal community through the revelation of theological truth by reading law and truth in the trial of Christ, arguing for a system which embraces a loving mutual trust rather than a calculating drive for decision or finality. Chapter six contends that trust in the face of the mysterious divine is in fact the desirable Christian legacy, one which is nevertheless materialised and accessible through Christ’s resurrection, and makes possible eternal life beyond the constraints of violence. The resurrection instantiates the Pauline law to love your neighbour as yourself, and chapter seven explores the nature of this theological truth, and argues that its application to the modern legal system will allow a love beyond law which produces a peaceful community.
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Stobbs, Nigel. "Mainstreaming therapeutic jurisprudence and the adversarial paradigm—incommensurability and the possibility of a shared disciplinary matrix." Thesis, Bond University, 2013. https://eprints.qut.edu.au/63846/1/Stobbs_Thesis_Submit_PhD_2013.pdf.

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Problem-solving courts appear to achieve outcomes that are not common in mainstream courts. There are increasing calls for the adoption of more therapeutic and problem-solving practices by mainstream judges in civil and criminal courts in a number of jurisdictions, most notably in the United States and Australia. Currently, a judge who sets out to exercise a significant therapeutic function is likely to be doing so in a specialist court or jurisdiction, outside the mainstream court system, and arguably, outside the adversarial paradigm itself. To some extent, this work is tolerated but marginalised. However, do therapeutic and problem-solving functions have the potential to help define, rather than simply complement, the role of judicial officers? The core question addressed in this thesis is whether the judicial role could evolve to be not just less adversarial, but fundamentally non-adversarial. In other words, could we see—or are we seeing—a juristic paradigm shift not just in the colloquial, casual sense of the word, but in the strong, worldview changing sense meant by Thomas Kuhn? This thesis examines the current relationship between adversarialism and therapeutic jurisprudence in the context of Kuhn’s conception of the transition from periods of ‘normal science’, through periods of anomaly and disciplinary crises to paradigm shifts. It considers whether therapeutic jurisprudence and adversarialism are incommensurable in the Kuhnian sense, and if so, what this means for the relationship between the two, and for the agenda to mainstream therapeutic jurisprudence. The thesis asserts that Kuhnian incommensurability is, in fact, a characteristic of the relationship between adversarialism and therapeutic jurisprudence, but that the possibility of a therapeutic paradigm shift in law can be reconciled with many adversarial and due process principles by relating this incommensurability to a broader disciplinary matrix.
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Marmor, Andrei. "Interpretation and legal theory /." Oxford : Clarendon Press, 1992. http://www.gbv.de/dms/spk/sbb/recht/toc/277092086.pdf.

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Marmor, Andrei. "Interpretation in legal theory." Thesis, University of Oxford, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386453.

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Eleftheriadis, Pavlos. "A theory of legal rights." Thesis, University of Cambridge, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360732.

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Mitrophanous, Eleni. "Constructive interpretation : Dworkin on interpretation as a method for understanding law." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285251.

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McCoubrey, Hilaire. "The obligation to obey in legal theory : towards a contextual approach." Thesis, University of Nottingham, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280262.

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Bergeron, Gregory Michael. "On how the debate about what is law should proceed in the face of the methodology conflict in jurisprudence." Texas A&M University, 2008. http://hdl.handle.net/1969.1/85953.

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This thesis focuses on the contemporary literature in Anglo-American analytic jurisprudence that takes answering the question â what is law?â as the primary goal. Agreement about what is lawâ that is, agreement about which theory of law is accurate and adequateâ is necessary to achieve the primary goal. Theorists have come to acknowledge that no such agreement exists due to their disagreements over two subjects: (S1) what is law and (S2) what methodology theorists should follow to produce an accurate and adequate theory of law. I refer to theoristsâ disagreement about S2 as the methodology conflict. Today, theorists advance towards the primary goal in two different directions: directly or indirectly. The direct course labors to accomplish agreement about which theory of law is accurate and adequate. The indirect course toils to accomplish agreement about which methodology a theory of law should satisfy to be accurate and adequate, before advancing to the direct course. If one course is the correct or best way to achieve the primary goal, it is imprudent for theorists to continue to work towards the same goal in separate directions. How, then, should theorists proceed? Answering this question, loosely put, is the main objective of this thesis. I argue that theorists must resolve the methodology conflict first to be able to achieve the primary goal of jurisprudence (i.e., to reach a common answer to the question â what is law?â ). I reveal that the methodology conflict poses a serious problem for theorists working to reach an agreement about S1: namely, theorists cannot agree about which legal theory is accurate and adequate unless they agree about which methodology a legal theory should satisfy to be accurate and adequate. Next, I settle the methodology conflict. I show that a particular synthesis of the current two approaches to resolve theoristsâ disagreement about S2 â imperialism and relativismâ provides a way out of the methodology conflict. I explain that the solution to the methodology conflict is a reasonable four-step examination process that enables theorists to engage in meaningful debate about S1 and S2 and work more successfully towards achieving the primary goal.
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Roumeliotis, Michael D. "The jurisprudence of 'ordinary language' : a study of epistemology in legal theory." Thesis, University of Edinburgh, 1993. http://hdl.handle.net/1842/20156.

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Part 1: The distinction between a social rule and convergence of behaviour does not depict the internal point of view regarding behaviour in traditional rural social groups. Nor does it depict how people actually behave. It is ideological, contingent on the modern era and the emancipation of the individual. It is a matter of the theorist's presuming a logic, a form of life, that stipulates what may count as a reason for action. Part 2: Linguistic jurisprudence, as ordinary language philosophy that it is, does not expect, regarding the conceptual, to find a reality independent of society and the happenstance of society's language. In a positivist fashion, it merely describes social reality. The distinctions it comes up with (and so the one Part 1 was about) are factual instead, part of the logic/ form of life of modern Western society. - Yet social reality is complex and many sided, not a coherent theory. Existing assumptions/distinctions in social reality/ language are contradictory and interminable. - Linguistic jurisprudence is not concerned with all assumptions that may exist as possibilities, only with the typical ones that form the network of assumptions, which communication presupposes. - There are many languages not one. Communication exists no more, even if Oxonian armchair philosophy keeps taking it for granted. - Communicating is not presupposing rules. It is changing them, adjusting them to the people we encounter. We are both the same and different, there are both many and one languages. It is all a matter of what we choose to see. The positive reality of any given aggregate will entail an infinite number of communities/ societies, and corresponding languages, along with their negations. Uncommitted description cannot take place (is interminable) without the adoption by the theorist of a logic, which cannot be found in the external reality to be described. Part 3: Language is not a matter of uncommitted observation of social practice, but rules in our minds. The theorist is not reporting social groups' languages, but examining his own.
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Voyatzis, Hernandez Xochiquetzal Panagia. "Changing hearts and minds in Mexico : a cognitive-jurisprudential approach to legal education reform in a legal system in transition." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/16443.

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The starting assumption of this thesis is that to fully understand legal practices – including legal reasoning – we need to get a grasp of the complex body of knowledge into which they are immersed. Legal studies have often assumed that legal knowledge can be reduced to the knowledge of legal rules. This research departs from this perspective and argues for an understanding of legal knowledge that includes the complex set of conceptual, procedural and affective considerations which shape legal practices in general, and legal reasoning in particular. Herein we argue that not only legal knowledge is wider than the knowledge of rules, but that there are also some aspects of legal practice that cannot be properly addressed by explicitly drafted legal rules. We purport to build such an account upon epistemologically-informed comparative legal perspectives and insights of the cognitive sciences, by way of discussing a particular factual problem. The case to be studied in this thesis is the apparent loss of certainty in Mexican legal practice, when legal professionals engage in precedent-based reasoning. The situation, which was first reported in 2006, has remained broadly unexplored, and by default has been reputed as a problem concerning the set of explicit rules that regulate the system of legal precedents in that national context. We argue that the situation cannot be fully comprehended and remedied if we exclusively focus on the dimension of legal rules, but that it would be better understood if we direct our attention to the deeper knowledge structures in which that practice is immersed. This thesis builds a case for a broadened approach to legal knowledge by unveiling the historically built knowledge structures in which the Mexican understanding of precedents is embedded. As we shall see, this particular framework has acted as a deterrent to precedent-based reasoning, as accounted by a set of theories of law and legal reasoning. By focusing on the several processes of legal change and the collateral epistemic revisions that Mexican legal professionals seem to be experiencing for the past decades, this thesis argues that changing deeply embedded knowledge structures is a difficult task that needs to be supported by revising the processes of knowledge construction, and most importantly legal education.
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Books on the topic "Legal theory, jurisprudence and legal interpretation"

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Interpretation and legal theory. Oxford: Clarendon Press, 1992.

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Ávila, Humberto Bergmann. Theory of legal principles. Dordrecht: Springer, 2007.

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Vining, Joseph. A note on the application of interpretive theory to legal practice. [Toronto]: Faculty of Law, University of Toronto, 1987.

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Kelsen, Hans. Introduction to the problems of legal theory. Oxford: Clarendon Press, 1992.

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Kelsen, Hans. Introduction to the problems of legal theory. Oxford: Clarendon Press, 1992.

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1940-, Mottahedeh Roy P., ed. Lessons in Islamic jurisprudence. Oxford: Oneworld, 2003.

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Lacan and the subject of law: Toward a psychoanalytic critical legal theory. Atlantic Highlands, N.J: Humanities Press, 1997.

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Gui fan li lun yu fa lü lun zheng: Theory of Norms and Legal Argumentation. Beijing: Zhongguo zheng fa da xue chu ban she, 2012.

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Kelsen, Hans. Introduction to the problems of legal theory: A translation of the first edition of the Reine Rechtslehre or Pure theory of law. Oxford [England]: Clarendon Press, 1992.

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Sumner, Wayne. Legal theory. [Toronto, Ont: Faculty of Law, University of Toronto, 1988.

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Book chapters on the topic "Legal theory, jurisprudence and legal interpretation"

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Broeżk, Bartosz. "Legal Interpretation and Coherence." In Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence, 113–22. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-6110-0_5.

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McLeod, Ian. "Policies, Principles, Rights and Interpretation: Dworkin’s Theory of Adjudication." In Legal Theory, 99–113. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14269-9_7.

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Cotterrell, Roger. "Why Lawyers Need a Theory of Legal Pluralism." In Sociological Jurisprudence, 75–88. Abingdon, Oxon [UK] ; New York : Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315167527-6.

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Riley, Patrick. "The Legal Theory of Pufendorf." In A Treatise of Legal Philosophy and General Jurisprudence, 421–31. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-2964-5_13.

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Sampaio, Jorge Silva. "An Almost Pure Theory of Legal Interpretation within Legal Science." In Legal Interpretation and Scientific Knowledge, 81–139. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-18671-5_5.

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Summers, Robert S., William G. McRoberts, and Arthur L. Goodhart. "The Argument from Ordinary Meaning in Statutory Interpretation." In Essays in Legal Theory, 219–49. Dordrecht: Springer Netherlands, 2000. http://dx.doi.org/10.1007/978-94-015-9407-3_10.

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Smith, Patricia. "Feminist Jurisprudence." In A Companion to Philosophy of Law and Legal Theory, 290–98. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch18.

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Schiavello, Aldo. "The Third Theory of Legal Objectivity." In Coherence: Insights from Philosophy, Jurisprudence and Artificial Intelligence, 137–54. Dordrecht: Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-6110-0_7.

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Postema, Gerald J. "Positivism Challenged: Interpretation, Integrity, and Law." In A Treatise of Legal Philosophy and General Jurisprudence, 401–56. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-90-481-8960-1_9.

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Heesters, Ann M. "Ethics as Interpretation: Lessons from Legal Theory." In The International Library of Bioethics, 61–94. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14035-8_4.

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Conference papers on the topic "Legal theory, jurisprudence and legal interpretation"

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Kukharenko, Vladislav. "DEBATABLE ASPECTS OF THE DEFINITION OF THE CONCEPT OF “NATURAL MONOPOLIES” IN THE LEGAL FIELD." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/205-211.

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The article reveals the theoretical problems of defining the concept of “natural monopolies”, based on a comparison of economic and legal approaches to the interpretation of the analyzed category, and reveals its inconsistent understanding in the current legislation of the Russian Federation. In the article, by means of a detailed analysis of the provisions of Laws No. 135-FZ and No. 147-FZ, the illegality of attributing the legislation on natural monopolies to the antimonopoly legislation is determined. On the basis of the obtained data, the legal meaning of the concept of “natural monopolies” is formulated, which can contribute to the modernization of the system of their functioning, increase the efficiency of work, and improve the current legislation.
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Rittossa, Dalida. "THE INSTITUTE OF VULNERABILITY IN THE TIME OF COVID-19 PANDEMIC: ALL SHADES OF THE HUMAN RIGHTS SPECTRUM." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18354.

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The vulnerability thesis is one of the most important legal concepts in contemporary legal theory. Apart from being studied by legal scholars, the notion of vulnerability has been embodied in concrete legal rules and transferred to national case law allowing courts to set its boundaries by the power of judicial interpretation. Even though it would be hard to contest Schroeder and Gefenas’s statement that it is not necessary for an academic to say what vulnerability is because common sense dictates the existence of it, recent scholarly analysis clearly shows that the concept itself has become intolerably vague and slippery. More precisely, it is not quite clear what the essence of vulnerability is and what the effects of its gradation as well as repercussions are on other constitutional institutes across the human rights spectrum. The noted vagueness poses a great concern, particularly in the time of COVID-19, the greatest social stressor that humanity has faced in recent months. The COVID-19 crisis has had untold consequences on our health, mental well-being, educational growth, and economic stability. In order for the state to bear the COVID-19 social burden and adequately protect the vulnerable, it is of the utmost importance to set clear guidance for the interpretation and implementation of the vulnerability concept. Seeking to contribute to literature on these issues, the author brings light to constitutional and criminal legal standards on vulnerability set within the current jurisprudence and doctrine. Bearing in mind the influence of the European Court of Human Rights (hereinafter, the ECtHR or the Court) on developments in human rights law, 196 judgments related to vulnerability have been retrieved from the HUDOC database using a keywords search strategy. The quantitative analysis was supplemented with more in-depth qualitative linguistic research of the Court’s reasoning in cases concerning vulnerable children, persons suffering from mental illness and victims of family violence. Although the vulnerability reasoning has considerably expended their rights within the ambit of the Convention, the analysis has shown that inconsistencies and ambiguities emerge around the formulation of the applicant’s vulnerability and its gradation with respect to positive obligations. The full creative and transformative potential of the institute of vulnerability is yet to be realized.
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Fedorov, Roman, and Dmitry Pixin. "On the question of the independence of the judicial branch in the theory of separation of powers." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/252-258.

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The article is devoted to the principles of independence and independence of the judiciary from the executive and legislative branches of government. The problems of the system of checks and balances in the theory of separation of powers are analyzed. Forecasts are made on the effect of levers of pressure in relation to the courts from other authorities. The article analyzes certain legal acts concerning the interaction of the judiciary with other branches of government.
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Glogar, Ondřej. "The Concept of Legal Language: Law is Language." In Argumentation 2021. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9972-2021-3.

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This paper deals with the metaphor ‘law is language’ coined by James Boyd White and how it can be useful to understand the concept of legal language, connections between law and language and how the term language is used in the legal realm. In the beginning, the article aims to give an overview of possible approaches to legal language and continues with further analysis of one of them (the above-mentioned White’s proposition). By applying a semiotic approach to this concept, namely Saussure’s theory of distinguishing between langue (language) and parole (speaking), the paper helps to understand that language (and even legal language) can be understood in two different forms. It can be either considered an abstract system of signs, or it can be comprehended as individual speech acts – langue and parole, respectively. White’s metaphor is usually used in the meaning of texts, way of reading, writing and speaking. However, such conception corresponds to language in the sense of parole. These considerations lead at the end of the article towards the communicative theory of law and its merits to jurisprudence. According to a given doctrine, in some instances it can be more accurate to consider law as communication rather than language (and vice versa). Nevertheless, in either case, it is essential to bear in mind the distinction between both of the concepts.
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Kozar, Vladimir. "NIŠTAVOST VALUTNE KLAUZULE – OGRANIČENjE SLOBODE PRUŽANjA FINANSIJSKIH USLUGA I NARUŠAVANjE PRAVNE SIGURNOSTI." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.217k.

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The paper presents the legal provisions, the views of jurisprudence, as the opinion of the legal science, about the validity of the currency clause in the loan agreements. It is explained that the foreign currency clause is a foreign currency obligation of the borrower. The paper analyzes the uneven practice of domestic courts. Particular attention was paid to the Legal Interpretation of the Civil Department of the Supreme Court of Cassation on the validity of a foreign currency clause in a loan agreement in Swiss francs and a conversion of debt into the euro. It was pointed out the legal consequences of the nullity of this contractual provision. The ineffectiveness of the essential provision of the contract leads to a violation of the principle in favorem contractus. The author considers that the conversion according to the exchange rate that was valid at the time of the conclusion of the contract is a measure with a retroactive effect, which is contrary to the principle of legal certainty.
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Sunkanmi Adeyemi, Benjamen, Clinton Aigbavboa, and Wellington D Thwala. "Legal Factors in the Nigerian Construction Industry." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002361.

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The purpose of this study was to review literature on various legal factors in the Nigerian construction industry (NCI). This research utilised various sources of information from previous studies on conference papers, articles in journals, and so on. Various keywords were utilised to search for the information related to the subject matter of this study. Moreover, some of the legal factors revealed from literature are regulations regarding the environment, professional codes of practices, health and safety regulations, permit, tax and insurance, interpretation of contractual documents, fiduciary relations, misrepresentation, incapability of procurement system, right of clients to change design, avoidance of responsibility, and ambiguity of work legislation. The study likewise discusses legal theories such as natural legal and legal positivism theory. Thereafter, the legal principles in the NCI were discussed. However, this study increases the knowledge of construction stakeholders. It is highly recommended that all factors that can result to legal issues should be avoided, in order to improve the efficiency of the NCI.
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Semitko, Alexey. "Private-Public Law Dichotomy: A Comparative Analysis of Ideas." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-21.

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The Soviet legal system did not assume any division of law into private and public constituents since communist ideology did not recognise anything private as such. The end of the communist experiment and Russia’s transition to democracy, a state governed by the rule of law, a social market economy and respect for human rights logically led to the need to revive private law and its further development, and therefore the idea of dividing law into private law and public law became relevant in legal doctrine. The article contains a brief comparative analysis of Russian and French legal theories in terms of the concerned problem. The methods used are comparative law, legal hermeneutics, the formal legal method and certain elements of cultural and historical analysis. Despite the conventionality of the public-private law dichotomy, its theory is based upon the actual legal reality of the Romano-German family of legal systems; this theory is not just an abstract theorisation, but is feasible. Unlike the French theory, Russian jurisprudence applies an approach suggested by S.S. Alexeev, who points to the conceptual rather than classification-based nature of the dichotomy in the first place, stressing that private law expresses the most important essence of law as a whole and the new trend in its develop ment is to include human rights. Based on this analysis, it is concluded that human rights are the common part that unites public and private law, and therefore their unity is inseparable: prejudice to human rights, as the experience of building communism in Russia (and in other communist countries) showed, inevitably leads first to the destruction of private law, and then to the transformation of public law into a pseudo-legal system.
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Babaev, Rafael', and Emin Babaev. "On some topical issues of exemption from criminal responsibility under the Criminal Code of the Russian Federation." In Development of legal systems in Russia and foreign countries: problems of theory and practice. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02061-6-62-69.

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The article is devoted to the topical issue of legal regulation of exemption from prosecution. At the same time, all types of exemption from criminal responsibility, also on the grounds of incentive norms, are analyzed in a certain sequence. The authors noted that a fair decision of the court, under which a person could be released from criminal responsibility, depends to a large extent on the correct interpretation of the appraisal concepts used by the legislator in the relevant criminal and legal norms containing the conditions of exemption from criminal responsibility.
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Grigore-Bāra, Elīna. "Īpašo tiesisko režīmu attaisnojumi tiesību filozofijā." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.02.

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In the article, the author focuses on Giorgio Agamben's theory of the state of emergency and analyses the interpretation of necessity as a justification of the state of emergency in philosophy of law. The author concludes that the introduction, implementation and monitoring of special legal regimes is not an exclusive policy or legal issue, therefore, it is not possible to limit decision-making to political or legal arguments. Thus, the judiciary, when assessing the correctness of the actions of state authority during an emergency situation, may also have to assess and use political arguments. Necessity as a justification for special legal regimes is in itself a formal concept, which in each emergency situation must be filled with a certain content – a legal value that must be protected.
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Varbanova, Gergana. "DIGITAL SIGNATURE ON A TABLET - HANDWRITTEN OR ELECTRONIC SIGNATURE?" In EDUCATION, SCIENCE AND DIGITAL INNOVATIONS 2021. Varna Free University "Chernorizets Hrabar", 2022. http://dx.doi.org/10.36997/esdi2021.86.

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The dynamic processes of digitalization and digital transformation require certain facts from the electronic world to be studied, and concepts such as electronic documents and electronic signatures to be analyzed. Modern technologies offer different solutions for creating and signing electronic documents, and this in turn raises the question of what is the signature on a specialized stylus signing device - is it a handwritten signature or an electronic signature? This report aims to clarify the legal nature of this new phenomenon and to help to better understand it in theory and for the needs of jurisprudence. The informal reason for presenting the report was the hesitation in the case law on how the signature placed on a tablet cut with a special pen (stylus) should be treated.
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Reports on the topic "Legal theory, jurisprudence and legal interpretation"

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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.

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Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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