Reasonableness And Interpretation


Reasonableness And Interpretation
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Reasonableness And Interpretation


Reasonableness And Interpretation
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Author :
language : de
Publisher: LIT Verlag Münster
Release Date : 2003

Reasonableness And Interpretation written by and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.


The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.



Reasonableness And Law


Reasonableness And Law
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-08-19

Reasonableness And Law written by Giorgio Bongiovanni and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-19 with Philosophy categories.


Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.



The Demise Of The Reasonable Man


The Demise Of The Reasonable Man
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Author : Michael Saltman
language : en
Publisher: Routledge
Release Date : 2017-09-08

The Demise Of The Reasonable Man written by Michael Saltman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with Law categories.


Judges in most societies often resort to resolving disputes by means of applying a criterion of reasonableness. In The Demise of the'Reasonable Man' Michael Saltman explores the ways in which reasonableness varies from one legal culture to another, defined by the relative presence or absence of centralized political power. In non-politically centralized societies, Saltman says, judges seek meanings underlying human behavior, and try to place reasonableness within a societal and cultural context. This is possible because primitive societies are relatively homogenous in their values and tend towards consensus when determining what constitutes reasonable behavior. In contrast, modern judges resort to standards of reasonableness only when the legal standard is unclear. Saltman contrasts judges in politically centralized societies, who, in the absence of such consensus, have the authority to determine, on the basis of that authority, what constitutes reasonableness. This rich volume references case studies drawn from ethnographic fieldwork, historical sources, and law reports to demonstrate differences in judicial attitudes toward reasonableness.



Principles Of Contractual Interpretation


Principles Of Contractual Interpretation
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Author : Richard Calnan
language : en
Publisher: OUP Oxford
Release Date : 2013-09

Principles Of Contractual Interpretation written by Richard Calnan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with Law categories.


This book re-evaluates the rules of construction and explains clearly the principles which guide the courts in interpreting contracts.



Rethinking The Reasonable Person


Rethinking The Reasonable Person
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Author : Mayo Moran
language : en
Publisher: Oxford University Press, USA
Release Date : 2003

Rethinking The Reasonable Person written by Mayo Moran and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.


The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law. This notion has attracted a great deal of criticism as it presupposes uncontested notions of 'normal' behaviour. This book explores whether there are deeper foundations to these criticisms.



Rethinking Legal Reasoning


Rethinking Legal Reasoning
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Author : Geoffrey Samuel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31

Rethinking Legal Reasoning written by Geoffrey Samuel and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-31 with Law categories.


‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?



Law And Legal Interpretation


Law And Legal Interpretation
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Author : Fernando Atria Lemaitre
language : en
Publisher: Routledge
Release Date : 2017-09-14

Law And Legal Interpretation written by Fernando Atria Lemaitre and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-14 with categories.


"16 'On Justification and Interpretation', ARSP-Beiheft, 53, pp. 255-68." -- "17 'Authority Reasons in Legal Interpretation and Moral Reasoning', ARSP Supplementa (III), pp. 144-52." -- "18 'Two Types of Substantive Reasons: The Core of a Theory of Common-Law Justification', Cornell Law Review, 63, pp. 707-88." -- "19 'Reasonableness and Objectivity', Notre Dame Law Review, 74, pp. 1575-603



Law And Semiotics


Law And Semiotics
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Author : Roberta Kevelson
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06

Law And Semiotics written by Roberta Kevelson and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.


However, it became apparent shortly after the establishing of the Center that not only were all methods of legal semiotics not Peircean in origin, but were in their respective foundational assumptions not likely to be compatible with Peirce's semiotics without some radical, transforming development of the idea, 'legal semiotics'. It was clear that if one would intend to be faithful to Peircean semiotics then holding a fixed notion of what an idea of Peircean semiotics of law means would be a violation of the spirit of Peirce's thought; this above all emphasizes the growth and development of initiative ideas and also the stricture that all leading principles must be subject to revision. Even the idea of Peircean semiotics, as leading principle, must itself be an open idea, the meaning of which must be transformable through the process of defining it. A metasemiotics view of a semiotics of law must leave open the possibility for revision of the leading principle of the term, "legal semiotics. " Therefore, if legal semiotics is an idea which accumulates and evolves its meaning in the very process of self-examination, then a process of investigating law investigates itself as well in any semiotic process of inquiry. It became apparent that the most appropriate contribution the Center could make to the area of a Peirce an semiotics would be to act as a sponsor, an inclusive rather than exclusive agent for inquiry of all kinds into the general topic of law and semiotics.



Interpretation Of Contracts


Interpretation Of Contracts
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Author : Catherine Mitchell
language : en
Publisher: Taylor & Francis
Release Date : 2018-08-06

Interpretation Of Contracts written by Catherine Mitchell and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-06 with Law categories.


This book is a second edition of Interpretation of Contracts (2007). The original work examined various issues surrounding the question of how contracts should be interpreted by courts, in particular focusing on the law of contract interpretation following Lord Hoffmann’s exposition of the principles of contextual interpretation in Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896. As with the original, this new edition provides an overview of the subject, concentrating on elements of controversy and disagreement, rather than a detailed analysis of all the contract law rules and doctrines that might be regarded as interpretative in one sense or another. The book will be concerned with interpretation of contracts generally (following the rule that there are not different rules of interpretation for different kinds of contracts), but with reference to commercial contracts in particular, since this is the area in which the contextual interpretative approach was developed, and where it has most relevance. The overall aim of the second edition remains the same as the first – to produce an accessible and readable guide to contract interpretation for law students, scholars and practitioners.



A Digest Of Wto Jurisprudence On Public International Law Concepts And Principles


A Digest Of Wto Jurisprudence On Public International Law Concepts And Principles
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Author : Graham Cook
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-02

A Digest Of Wto Jurisprudence On Public International Law Concepts And Principles written by Graham Cook 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 2015-07-02 with Law categories.


In its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.