Theory Of Legal Principles

Name: Bücher? Theory Of Legal Principles
Brand: Springer Nature
SKU: CBAC-95321
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About The Thirdly, the conditions for the application of principles and rules are examined, which are the normative applicative postulates. A model is proposed to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument, through the analytical reconstruction of the concrete use of normative postulates, especially those of reasonableness and proportionality. That will surpass both the mere praise of values, which does not create behaviors, and the automatic application of rules

This book intends to help understand and apply principles and rules better. Its target is to keep the distinction between principles and rules whereas structuring it on different foundations than those jurisprudence ordinarily employs. It will be shown, on one hand, that principles not only explicit values, but also set forth precise species of behaviors, though indirectly; on the other hand, the creation of conducts by rules is also to be weighed, even though the behavior set forth in advance may be overcome, depending on the accomplishment of a few requirements. Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order. All of that is done with a focus on the ability of intersubjective control of the argumentation, which often degenerates into capricious decisionism. That will surpass both the mere praise of values, which does not create behaviors, and the automatic application of rules. A model is proposed to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument, through the analytical reconstruction of the concrete use of normative postulates, especially those of reasonableness and proportionality. The first object of investigation is the phenomenon of interpretation in Law in order to understand that the classification of certain normative species as either principles or rules depends in the first place on axiological connections that are not ready prior to the interpretation process that unveils them. Thirdly, the conditions for the application of principles and rules are examined, which are the normative applicative postulates.

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On Criminalization

Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order.

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I also wish to thank his successor, Sabine Wesseldijk, for assistance.

As I explain in the introduction, this is the third in aseries of collections of my previously published essays in legal theory.In the course of my academic career, I have benefitted greatly from the many Comell Law School students serving as my research assistants. I also wish to re cord my gratitude for his interest and patience to Hendrik-Jan van Leusen of Kluwer Academic Publishers.

Does the old critique of domination still hold any sway?

. . it intruded brusquely within alien categories, re-appearing bewigged and gowned in the form of ideology; . Law is the great concealer; and law is everywhere.

Law

Freedom is everything that each of us manages to be in his or her active and uncertain opposition to external 'pressures'.

It is rather the outcome of a process whereby individuals continuously re-define the shape of their individuality. It is not the container of powers and rights defining an individual's role and identity. The most dangerous legacy of the 'hierarchical-dualist' representation of the subject is the primacy given to reason in defining an individual's identity. Autonomy, viewed as a subject's autonomous designing of her own distinctive 'individuality', is not a constitutive problem for liberal theory.

Extending Deontic Logic for the Formalisation of Legal Rules

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Law

Man, Law and Modern Forms of Life

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Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order.

That will surpass both the mere praise of values, which does not create behaviors, and the automatic application of rules.

Law

Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order.

A model is proposed to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument, through the analytical reconstruction of the concrete use of normative postulates, especially those of reasonableness and proportionality.

Law

On Criminalization

. I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present.

Then, a definition of principles is proposed, aiming to understand what their unique characteristics are when compared to other norms of the legal order.

Its target is to keep the distinction between principles and rules whereas structuring it on different foundations than those jurisprudence ordinarily employs.Theory of Legal Principles This book intends to help understand and apply principles and rules better..

Law

On Criminalization

I endorse Herbert Packer's assessment: The criminal sanction is the law's ultimate threat. I begin by introducing the main issues of the work, and inviting their consideration; as enticement, I offer a sketch of their practical importance, and of the philosophical challenge they present. Forcibly preventing people from doing that which they wish to do, forcibly compelling people to do that which they do not wish to do-and wielding force merely attempting to compel or prevent-these state activities have extraordinarily serious ramifications.