Legal Knowledge and Analogy

Legal Knowledge and Analogy
Author: P.J. Nerhot
Publisher: Springer Science & Business Media
Total Pages: 266
Release: 2012-12-06
Genre: Philosophy
ISBN: 9401132607

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 classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.

Legal Reason

Legal Reason
Author: Lloyd L. Weinreb
Publisher: Cambridge University Press
Total Pages: 199
Release: 2016-10-05
Genre: Law
ISBN: 1107153468

In this book, the pervasive use of analogies in the reasoning of lawyers and judges is explained in clear, simple, untechnical prose.

AN ANALOGY OF LEGAL VIEWS AND LEGAL INTELLECT

AN ANALOGY OF LEGAL VIEWS AND LEGAL INTELLECT
Author: Authors Of The Legal Fraternity
Publisher: Highbrow Phantom Publishing House
Total Pages: 154
Release: 2022-09-27
Genre: Law
ISBN: 8195326501

An analogy of legal views and legal intellect, a body of work brought to you from legal experts with countless years of experience combined.

A Practical Treatise on the Analogy Between Legal and General Composition - Scholar's Choice Edition

A Practical Treatise on the Analogy Between Legal and General Composition - Scholar's Choice Edition
Author: Samuel Higgs Gael
Publisher:
Total Pages: 346
Release: 2015-02-18
Genre:
ISBN: 9781296150037

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Analogical Reasoning in Law

Analogical Reasoning in Law
Author: Maciej Koszowski
Publisher: Cambridge Scholars Publishing
Total Pages: 232
Release: 2019-04-02
Genre: Philosophy
ISBN: 1527532496

This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.

The Analogy between States and International Organizations

The Analogy between States and International Organizations
Author: Fernando Lusa Bordin
Publisher: Cambridge University Press
Total Pages: 299
Release: 2018-11-22
Genre: Law
ISBN: 1108668372

The book investigates how an analogy between States and international organizations has influenced and supported the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. Revisiting those codification projects while also looking into other areas, the book reflects on how techniques of legal reasoning can be - and have been - used by international institutions and the legal profession to tackle situations of uncertainty, and discusses the elusive position that international organizations occupy in the international legal system. By cutting across some foundational topics of the discipline, the book makes a substantive contribution to the literature on subjects and sources of international law.

Judicial Policy Making and the Modern State

Judicial Policy Making and the Modern State
Author: Malcolm M. Feeley
Publisher: Cambridge University Press
Total Pages: 516
Release: 2000-03-28
Genre: Law
ISBN: 9780521777346

Investigates the role of federal judges in prison reform, and policy making in general.