Legal realism (Law)
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Recent papers in Legal realism (Law)
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3123686 2018 marked the centenary of Wesley Hohfeld’s untimely passing. Curiously, in recent years quite a few prominent legal historians and philosophers have identified him as a... more
Pour penser comme un juriste (ou comme un avocat), il faut non seulement connaître les arguments auxquels sont sensibles les juges mais aussi savoir les dissimuler derrière des règles de droit qui parviendront à justifier telle solution... more
This article seeks to evaluate the recently developed phenomenon of halakhic responsa that are extremely terse and lack argumentation, or contain minimal, usually informal argumentation. These responsa range from Rabbi Ḥayim Kanievsky’s... more
The life of the law is, and should be, logic suffused by experience and experience tempered by logic. That is the principal proposition I defend in this essay. It is now a commonplace that Holmes's declaration "The life of the law has... more
This chapter argues that international law, like all law, is distinguished by distinct normative structures and modes of reasoning but ultimately anchored in and reflective of politico-economic dynamics flowing from the capitalist mode of... more
Este trabalho tem como objetivo traçar um perfil da evolução das pesquisas sobre decisão judicial. Foi dada certa ênfase àquelas teorias e modelos influenciados pela teoria da decisão proposta pelo Realismo Jurídico Americano, ou seja,... more
Leon Petrażycki's works, and Polish-Russian realism issued by them, raises at least five issues, deeply intertwined with the nine proposed by John Finnis. First, the issue of naturalization: can law, morals and ethics, become object of... more
investigacion sobre teorias del derecho, enfocados en filosofos como dworking, sousa, jairo vladimir
To what degree are rolling, or layered, contracts binding? A number of courts, starting with the now infamous case of ProCD, Inc. v. Zeidenberg, have held that, rather than a contract for the sale of a good, such as a computer, being... more
Piracy is a crime - isn't it? Indeed the anti-piracy copyright governance framework imposes on consumers a regulatory need to respect (and obey) anti-piracy laws. So why then is so much fun poked at anti-piracy campaigns? This paper... more
For the first time in history, we will soon be able to access and to analyze all judicial decisions. Indeed, a recent French statute provides for a mandatory digital publication of all decisions made by the courts, meaning that some 3... more
“How quickly the visions of genius become the canned goods of intellectuals,” Haack begins (citing Saul Bellow). In line with this wry thought, the goal of her paper is, first, to sketch the origins and evolution of pragmatism in enough... more
We can observe and measure how legal decision makers use formal legal authorities, but there is no way to empirically test the determinative capacity of legal doctrine itself. Yet, discussions of empirical studies of judicial behavior... more
Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of... more
The life of the law is, and should be, logic suffused by experience and experience tempered by logic. That is the principal proposition I defend in this essay. It is now a commonplace that Holmes's declaration "The life... more
The current study examines the institutional issues in the tourism sector of Bulgaria in terms of the impact of the by-law Ordinance № 18 of 13 December 2006 on the registration and reporting of sales in retail outlets through fiscal... more
This chapter explains why the dominant pattern of disciplinary interaction between law and economics has fostered a general trend of reducing legal reasoning to economic reasoning. After describing the pattern of interaction between both... more
L'opera di Theodor Geiger è etichettata giustamente come una forma di realismo giuridico. In effetti, essa fornisce varianti delle tipiche risposte giusrealiste alle tre grandi questioni della filosofia del diritto novecentesca: rapporti... more
In this essay the author analyzes the social phenomenon of human rights from the perspective of Leon Pe trażycki’s Continental legal realism (Petrażyckianism). After shortly presenting this approach in § 1, in § 2, the author argues that,... more