Ratio Legis

Author : Verena Klappstein,Maciej Dybowski
Publisher : Springer
Page : 205 pages
File Size : 41,7 Mb
Release : 2018-05-02
Category : Law
ISBN : 9783319742717

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Ratio Legis by Verena Klappstein,Maciej Dybowski Pdf

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.

Author : Wael B. Hallaq
Publisher : Cambridge University Press
Page : 308 pages
File Size : 40,9 Mb
Release : 1997
Category : Law
ISBN : 0521599865

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A History of Islamic Legal Theories by Wael B. Hallaq Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2022
Category : Electronic
ISBN : 6210217257

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Ratio Legis by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 100 pages
File Size : 50,7 Mb
Release : 2022*
Category : Electronic
ISBN : 6210215882

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Ration Legis by Anonim Pdf

Author : Seymour S. Peloubet
Publisher : Unknown
Page : 358 pages
File Size : 42,7 Mb
Release : 1880
Category : Legal maxims
ISBN : HARVARD:HL5DRV

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A Collection of Legal Maxims in Law and Equity by Seymour S. Peloubet Pdf

Author : Aaron Xavier Fellmeth,Maurice Horwitz
Publisher : Oxford University Press
Page : 323 pages
File Size : 54,6 Mb
Release : 2009
Category : Law
ISBN : 9780195369380

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Guide to Latin in International Law by Aaron Xavier Fellmeth,Maurice Horwitz Pdf

This provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or 'restored' one. Each entry is also cross-referenced to related terms for ease of use.

Author : Larry Benjamin Miller
Publisher : Springer Nature
Page : 154 pages
File Size : 54,9 Mb
Release : 2020-07-13
Category : Philosophy
ISBN : 9783030450120

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Islamic Disputation Theory by Larry Benjamin Miller Pdf

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.

Author : Francesco Ferraro,Silvia Zorzetto
Publisher : Springer Nature
Page : 243 pages
File Size : 48,9 Mb
Release : 2022-01-12
Category : Law
ISBN : 9783030872625

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Exploring the Province of Legislation by Francesco Ferraro,Silvia Zorzetto Pdf

Legisprudence considers a variety of perspectives and relies on contributions from numerous different disciplines. Rather than providing examples of the various possible approaches to legisprudential studies, this book – bringing together lawyers and legal theorists from seven different countries – highlights two aspects of the many disciplines involved. Firstly, it discusses theoretical abstraction, which borders on, or enters into the realm of full-fledged philosophical speculation. Secondly, it examines empirical observation of specific cases, precisely situated regarding their spatial or historical collocation, or referring to a particular species of legislative policy. Focusing on legislation both as a process and as a result, the aim of the book is twofold: on the one hand, it demonstrates that, far from being a purely theoretical and exclusively academic intellectual enterprise, legisprudence can offer criteria for both assessing and improving the quality of real-world legislation. On the other hand, it shows how lawmaking is at least as interesting and legitimate a field of inquiry as adjudication and interpretation of laws for legal theorists and philosophers of law, and that they are already equipped with extremely valuable intellectual tools for fruitful legisprudential inquiry. The book is organized in two parts. The first part comprises legal-theoretical accounts on general aspects of legislation as a process and as a result. The second part presents contributions focusing on specific experiences of evaluations of legislative quality and contributions to the legislature’s work on the part of the public, as well as on particular legislative policies, methodologies in lawmaking, and problems regarding legislation as an instrument.

Author : Abbas Amanat
Publisher : Stanford University Press
Page : 272 pages
File Size : 43,8 Mb
Release : 2007-09-17
Category : Religion
ISBN : 0804756392

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Shari’a by Abbas Amanat Pdf

A survey and analysis of what Shari’a, or Islamic law, means for Muslims today.

Author : Alexander Mansfield Burrill
Publisher : Unknown
Page : 674 pages
File Size : 49,8 Mb
Release : 1870
Category : Dictionaries, Law
ISBN : HARVARD:HL4QDR

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A Law Dictionary and Glossary by Alexander Mansfield Burrill Pdf

Author : Gabriel Hallevy
Publisher : Springer Science & Business Media
Page : 199 pages
File Size : 55,9 Mb
Release : 2010-09-09
Category : Law
ISBN : 9783642137143

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A Modern Treatise on the Principle of Legality in Criminal Law by Gabriel Hallevy Pdf

This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.

Author : Frank J.G. Nellen
Publisher : Kluwer Law International B.V.
Page : 530 pages
File Size : 51,8 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041189172

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Information Asymmetries in EU VAT by Frank J.G. Nellen Pdf

" Unlike conventional direct taxes, the application and administration of value-added tax (VAT) depends to a considerable extent on the exchange of information between the taxable person and his transaction counterparts. In practice, the taxable person often fails to obtain necessary information from his transaction counterparts, giving rise to information asymmetries that can induce VAT assessments, sanctions, and audits. In its up-to-date overview of European Union (EU) VAT law, this book assesses legislation, case law, and practice at EU and national levels, in the process of examining how to minimize the risks and negative consequences associated with information asymmetries. As a result of his in-depth treatment of the subject, the author establishes the following: – to what extent information asymmetries in EU VAT have legal implications (e.g., VAT assessments, fines) for the taxable person; – to what extent information asymmetries shouldhave legal implications for the taxable person, taking into account the legal principles applicable in EU VAT; – to what extent positive EU VAT law indeed implies the risk of information asymmetries and any associated unjustified legal implications; and – to what extent legal remedies should be employed to avoid or to reduce information asymmetries for the taxable person. This is the first book to conduct thorough research into the causes and legal implications of information asymmetries, as well as the instruments which can be employed to counter their materialization. As such, it will be of inestimable value to practitioners, legislators, policymakers, entrepreneurs, judicial professionals, and academics concerned with EU VAT law. "

Author : Xinbao Zhang
Publisher : Springer
Page : 538 pages
File Size : 48,7 Mb
Release : 2017-11-22
Category : Law
ISBN : 9789811069611

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Legislation of Tort Liability Law in China by Xinbao Zhang Pdf

This book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China’s torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators’ duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.

Author : Hans Christian Nordtveit Kvernenes
Publisher : Unknown
Page : 426 pages
File Size : 48,8 Mb
Release : 2022-02-16
Category : Electronic
ISBN : 184890391X

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A Dialogical Framework for Legal Reasoning. The Ratio Legis and Precedent Case Models by Hans Christian Nordtveit Kvernenes Pdf

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.

Author : Henry Campbell Black
Publisher : Unknown
Page : 1278 pages
File Size : 49,7 Mb
Release : 1891
Category : Law
ISBN : UIUC:30112076155206

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A Dictionary of Law by Henry Campbell Black Pdf