Legal Interpretation and Scientific Knowledge, David Duarte; Pedro Moniz Lopes; Jorge Silva Sampa
Автор: Deng Zhenglai Название: Rethinking Chinese Jurisprudence and Exploring Its Future ISBN: 9814440302 ISBN-13(EAN): 9789814440301 Издательство: World Scientific Publishing Рейтинг: Цена: 16632.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book is an antecedent study on the task facing China's legal science, more strictly speaking -- China's legal philosophy, in post-Cold War world structure. In broader terms, this is an academic study of China's own "identity" and future in the world structure. The author believes that from 1978 to 2004, in spite of its great achievements, China's legal science has at the same time had some of its grave problems being exposed. A fundamental problem is its failure to provide a "Chinese legal ideal picture" as the standard of and direction for evaluating, assessing and guiding China's law/legal development. This is an age of law without China's own ideal picture(s). However, why has China failed to have its own legal ideal picture(s)? Apparently this question in and of itself implies a question, both more directly and fundamentally, of China's legal science, namely why China's legal science has failed to provide China's own legal picture(s)? Or, as an internal critical approach may suggest (namely to critique China's legal science from the perspective of its promised objectives), where is China's legal science heading? Based on this, this book attempts to expound a standard to evaluate China's legal science through a theoretical discussion of this issue, and to further explore the possible direction for China's legal science beyond this age.
Описание: In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended.Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision; and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules.
Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights.
Автор: Raz, Joseph Название: Between Authority and Interpretation ISBN: 0199562687 ISBN-13(EAN): 9780199562688 Издательство: Oxford Academ Рейтинг: Цена: 11880.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this book Joseph Raz develops his work on some central questions in practical philosophy: legal, political and moral. The book provides a valuable overview of Raz`s views on the methodology of jurisprudence; on the nature of law and its relation to morality; on the justification of authority; and on interpretation in law and the humanities.
Автор: Patrizia Pedrini; Julie Kirsch Название: Third-Person Self-Knowledge, Self-Interpretation, and Narrative ISBN: 3319986449 ISBN-13(EAN): 9783319986449 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume answers questions that lead to a clearer picture of third-person self- knowledge, the self-interpretation it embeds, and its narrative structure. Bringing together current research on third-person self-knowledge and self-interpretation, the book focuses on third-person self-knowledge, and the role that narrative and interpretation play in acquiring it. It regards the third-personal epistemic approach to oneself as a problem worthy of investigation in its own right, and makes clear the relation between third-person self-knowledge, self-interpretation, and narrative capacities.In recent years, the idea that each person is in a privileged position to acquire knowledge about her own mental states has come under attack. A growing body of empirical research has cast doubt upon the existence of what philosophers call ‘first person self-knowledge’, i.e., knowledge about our mental states that is often thought to be immediate, transparent, and authoritative. This line of thought has led some philosophers to claim that what seems to be ‘first-person self-knowledge’ is really just ‘third-person self-knowledge,’ i.e., knowledge about our mental states that is inferential, opaque, and fallible. This book discusses challenges for first-person knowledge and explores the true nature of third-person knowledge.
Автор: Hutchinson Название: Toward an Informal Account of Legal Interpretation ISBN: 1107152321 ISBN-13(EAN): 9781107152328 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an `informal` intervention.
Автор: Jemielniak, Joanna Название: Legal interpretation in international commercial arbitration ISBN: 1409447197 ISBN-13(EAN): 9781409447191 Издательство: Taylor&Francis Рейтинг: Цена: 24499.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
Автор: J.J. Moreso Название: Legal Indeterminacy and Constitutional Interpretation ISBN: 0792351568 ISBN-13(EAN): 9780792351566 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Deals with the notions of legal norms and legal systems and provides an analysis of the notion of legal indeterminacy and its relation to gaps, contradictions and the vagueness of legal concepts.
Автор: J.J. Moreso Название: Legal Indeterminacy and Constitutional Interpretation ISBN: 9048150612 ISBN-13(EAN): 9789048150618 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this book, I present the results of an investigation which began with an extended stay at Oxford's Balliol College during the first half of 1995. My visit to Oxford was made possible by a grant from the Spanish Ministerio de Educaci6n y Ciencia. My sincere thanks go to Joseph Raz who served as my supervisor in Oxford. For several points of the present study, conversations with Timothy Endicott in Oxford were also of great help. The book is part of a larger project of investigation, directed by Albert Calsami- glia, which is a joint effort of a group of legal philosophers from the Universitat Pom- peu Fabra (Barcelona) and the Universitat de Girona, and which also receives financial support from the Spanish Ministerio de Educaci6n y Ciencia. An earlier version of the manuscript was presented in June 1996 to the selection committee for a tenured professorship in Legal Philosophy at the Universitat de Girona. The members of the committee were Francisco Laporta, Albert Calsamiglia, Gregorio Peces-Barba, Camilo J. Cela Conde, and Francesca Puigpelat. I am grateful to all of them for their comments, which have been extremely useful in preparing the final ver- sion of this book.
Автор: Hutchinson Allan C Название: Toward an Informal Account of Legal Interpretation ISBN: 1316606457 ISBN-13(EAN): 9781316606452 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an `informal` intervention.
Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights.
Автор: Yanow Dvora Название: Interpretation and Method ISBN: 0765635402 ISBN-13(EAN): 9780765635402 Издательство: Taylor&Francis Рейтинг: Цена: 8726.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Exceptionally clear and well-written chapters provide engaging discussions of the methods of accessing, generating, and analyzing social science data, using methods ranging from reflexive historical analysis to critical ethnography.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
