Law As Fact

Author : Karl Olivecrona
Publisher : Hassell Street Press
Page : 236 pages
File Size : 51,9 Mb
Release : 2021-09-09
Category : Law
ISBN : 101330814X

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Law as Fact by Karl Olivecrona Pdf

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 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. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : Clifford Ando,William P. Sullivan
Publisher : Unknown
Page : 215 pages
File Size : 41,8 Mb
Release : 2020
Category : Evidence (Greek law)
ISBN : 9780472131884

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The Discovery of the Fact by Clifford Ando,William P. Sullivan Pdf

The Discovery of the Fact draws on expertise from lawyers, historians of philosophy, and scholars of classical studies and ancient history, to take a very modern perspective on an underexplored but essential domain of ancient legal history. Everyone is familiar with courts as adjudicators of facts. But legal institutions also played an essential role in the emergence of the notion of the fact, and contributed in a vital way to commonplace understandings of what is knowable and what is not. These issues have a particular importance in ancient Greece and Rome, the first western societies in which state law and state institutions of dispute resolution visibly play a decisive role in ordinary social and economic relations. The Discovery of the Fact investigates, historically and comparatively, the relationships among the law, legal institutions, and the boundaries of knowledge in classical Greece and Rome. Societies wanted citizens to conform to the law, but how could this be insured? On what foundation did ancient courts and institutions base their decisions, and how did they represent the reasoning behind their decisions when announcing them? Slaves were owned like things, and yet they had minds that ancients conceded were essentially unknowable. What was to be done? And where has the boundary been drawn between questions of law and questions of fact when designing processes of dispute resolution?

Author : Barbara J. Shapiro
Publisher : Cornell University Press
Page : 300 pages
File Size : 51,7 Mb
Release : 2000
Category : Curiosities and wonders
ISBN : 0801488494

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A Culture of Fact by Barbara J. Shapiro Pdf

Shapiro traces the genesis of the fact, a modern concept that originated not in natural science but in legal discourse. She follows the concept's evolution and diffusion across a variety of disciplines in early modern England.

Author : Hilary Evans Cameron
Publisher : Cambridge University Press
Page : 233 pages
File Size : 52,7 Mb
Release : 2018-05-10
Category : Law
ISBN : 9781108427074

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Refugee Law's Fact-Finding Crisis by Hilary Evans Cameron Pdf

Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.

Author : Bertie G. Ramcharan
Publisher : BRILL
Page : 269 pages
File Size : 43,8 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004482289

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International Law and Fact-Finding in the Field of Human Rights by Bertie G. Ramcharan Pdf

Author : Philip Alston,Sarah Knuckey
Publisher : Oxford University Press
Page : 577 pages
File Size : 53,9 Mb
Release : 2016
Category : Law
ISBN : 9780190239497

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The Transformation of Human Rights Fact-finding by Philip Alston,Sarah Knuckey Pdf

This work offers a multidisciplinary approach to the study of fact-finding, including rigorous and critical analysis of the field of practice, as well as providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field.

Author : David Lyons
Publisher : Cambridge University Press
Page : 244 pages
File Size : 45,7 Mb
Release : 1984
Category : Law
ISBN : 0521277124

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Ethics and the Rule of Law by David Lyons Pdf

This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.

Author : William Mawdesley Best
Publisher : Unknown
Page : 232 pages
File Size : 42,5 Mb
Release : 1845
Category : Evidence, Circumstantial
ISBN : STANFORD:36105043880504

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A Treatise on Presumptions of Law and Fact by William Mawdesley Best Pdf

Author : Neil MacCormick
Publisher : Unknown
Page : 44 pages
File Size : 42,9 Mb
Release : 1973
Category : Law
ISBN : STANFORD:36105036889546

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Law as Institutional Fact by Neil MacCormick Pdf

Author : N. MacCormick,Ota Weinberger
Publisher : Springer Science & Business Media
Page : 242 pages
File Size : 42,7 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401577274

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An Institutional Theory of Law by N. MacCormick,Ota Weinberger Pdf

Author : Bernard S. Jackson
Publisher : Deborah Charles Publications
Page : 230 pages
File Size : 41,9 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044088222

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Law, Fact and Narrative Coherence by Bernard S. Jackson Pdf

A critique of the construction of both fact and law in the adversary process of the courtroom, based on theories of narrative typification as developed by lawyers, psychologists and semioticians. It challenges conventional views of truth and logic and directs attention to the narratives of the courtrooom behaviour of lawyers themselves. It concludes with a discussion of the relationship of such theories to critical legal studies.

Author : James Gerard Devaney
Publisher : Cambridge University Press
Page : 307 pages
File Size : 43,8 Mb
Release : 2016-09-29
Category : Law
ISBN : 9781316720899

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Fact-Finding before the International Court of Justice by James Gerard Devaney Pdf

Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

Author : Clifford Bellamy
Publisher : Bath Publishing Limited
Page : 410 pages
File Size : 52,8 Mb
Release : 2020-03-31
Category : Law
ISBN : 9781739099282

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The ‘Secret’ Family Court - Fact or Fiction? by Clifford Bellamy Pdf

For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

Author : Nicoletta Bersier Ladavac,Christoph Bezemek,Frederick Schauer
Publisher : Springer
Page : 180 pages
File Size : 42,9 Mb
Release : 2020-08-14
Category : Law
ISBN : 3030189317

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The Normative Force of the Factual by Nicoletta Bersier Ladavac,Christoph Bezemek,Frederick Schauer Pdf

This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.

Author : Nancy A. Combs
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,6 Mb
Release : 2010-07-30
Category : Law
ISBN : 9781139489713

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Fact-Finding without Facts by Nancy A. Combs Pdf

Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.