Ratio Legis
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Ratio Legis
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Author : Verena Klappstein
language : en
Publisher: Springer
Release Date : 2018-05-02
Ratio Legis written by Verena Klappstein and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-02 with Law categories.
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 and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.
Ratio Legis
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Author :
language : en
Publisher:
Release Date : 2022
Ratio Legis written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Ration Legis
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Author :
language : en
Publisher:
Release Date : 2022*
Ration Legis written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022* with categories.
Ratio Legis
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Author :
language : en
Publisher:
Release Date : 2022*
Ratio Legis written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022* with categories.
A Dialogical Framework For Legal Reasoning The Ratio Legis And Precedent Case Models
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Author : Hans Christian Nordtveit Kvernenes
language : en
Publisher:
Release Date : 2022-02-16
A Dialogical Framework For Legal Reasoning The Ratio Legis And Precedent Case Models written by Hans Christian Nordtveit Kvernenes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-16 with categories.
An analogy can be understood as two things that are similar to each other and as a foundation for argumentation, they play an essential role in most, if not all, legal systems. Provided here, is an investigation of the underlying assumptions and requirements that ground good analogical arguments. Based on the Aristotelian analysis of proportionality, analogies are represented in the framework of immanent reasoning, enabling the inclusion of what has been identified as initial conditions. This is a new feature not known from any other logical representations. First is the explication of a general meaning structure behind legal analogies across the legal systems of Common and Civil Law, situated in the intersection of current discussions within logic, law and computer science. In the further dialogical interpretation, eight different forms of analogies are distinguished and a comprehensive and even more refined analysis of the newly introduced initial conditions arise. The framework is then concretely applied both to the well-known Common Law example of Adams v. New Jersey Steamboat Co. and to three different Supreme Court decisions concerning the responsibility of paying the Tax on Documented Legal Acts from Spanish Civil Law. Through both a general overview of the current challenges and solutions related to analogy in legal reasoning, as well as an independent analysis of analogy, this very complex concept is explained in a simple and natural way, closely related to actual legal practice. The given analyses are highly interdisciplinary, uniting historico-philosophical reflections, recent computer scientific developments and applied legal argumentation.
A History Of Islamic Legal Theories
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Author : Wael B. Hallaq
language : en
Publisher: Cambridge University Press
Release Date : 1997
A History Of Islamic Legal Theories written by Wael B. Hallaq and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
Islamic Disputation Theory
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Author : Larry Benjamin Miller
language : en
Publisher: Springer Nature
Release Date : 2020-07-13
Islamic Disputation Theory written by Larry Benjamin Miller and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-13 with Philosophy categories.
This book charts the evolution of Islamic dialectical theory (jadal) over a four-hundred year period. It includes an extensive study of the development of methods of disputation in Islamic theology (kalām) and jurisprudence (uṣūl al-fiqh) from the tenth through the fourteenth centuries. The author uses the theoretical writings of Islamic theologians, jurists, and philosophers to describe the concept Overall, this investigation looks at the extent to which the development of Islamic modes of disputation is rooted in Aristotle and the classical tradition. The author reconstructs the contents of the earliest systematic treatment of the subject by b. al-Rīwandī. He then contrasts the theological understanding of dialectic with the teachings of the Arab Aristotelians–al-Fārābī, Avicenna, and Averroes. Next, the monograph shows how jurists took over the theological method of dialectic and applied it to problems peculiar to jurisprudence. Although the earliest writings on dialectic are fairly free of direct Aristotelian influence, there are coincidences of themes and treatment. But after jurisprudence had assimilated the techniques of theological dialectic, its own theory became increasingly influenced by logical terminology and techniques. At the end of the thirteenth century there arose a new discipline, the ādāb al-baḥth. While the theoretical underpinnings of the new system are Aristotelian, the terminology and order of debate place it firmly in the Islamic tradition of disputation.
Ratio Legis Numero 4 Anno 2016
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Author : Giulio Perrotta
language : it
Publisher: Lulu.com
Release Date : 2016
Ratio Legis Numero 4 Anno 2016 written by Giulio Perrotta and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Bimestrale di cultura giuridica diretto da Giulio Perrotta. All'interno: articoli di dottrina, note a sentenze, analisi novità legislative, massimario del bimestre, schemi, atti e formule.
A Collection Of Legal Maxims In Law And Equity
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Author : Seymour S. Peloubet
language : en
Publisher:
Release Date : 1880
A Collection Of Legal Maxims In Law And Equity written by Seymour S. Peloubet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Legal maxims categories.
The Exercise Of Islamic Juristic Reasoning By Ascertaining The Ratio Legis Al Ijtihad Bi Tahqiq Al Manat
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Author : Abdallah Bin Bayyah
language : en
Publisher:
Release Date : 2015
The Exercise Of Islamic Juristic Reasoning By Ascertaining The Ratio Legis Al Ijtihad Bi Tahqiq Al Manat written by Abdallah Bin Bayyah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.