Αποτελέσματα Αναζήτησης
The language of the law is ever-changing as the courts, Congress, state legislatures, and administrative agencies continue to define, rede fine and expand legal words and terms. Furthermore, many legal terms are subject to variations from state to state and again can differ under federal laws.
2 Σεπ 2021 · In this chapter, I develop foundations for what I call “legal constructivism,” an epistemological, theoretical, and methodological approach that explains how positive law and legal theories actively participate in the construction of social reality as...
25 Φεβ 2016 · What kind of reality is legal reality, how is it created, and what are its a priori foundations? These are the central questions asked by the early phenomenologists who took interest in social ontology and law.
Take “legal reality” to be the part of reality that actual legal thought and talk is distinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified.
27 Μαΐ 2001 · Therefore, part of what is involved in the understanding of the nature of law consists in an explanation of how law differs from these similar normative domains, how it interacts with them, and whether its intelligibility depends on other normative orders, like morality or social conventions.
14 Οκτ 2003 · Interpretivism about law implies the possibility of disagreement about the grounds of law, because it makes law’s constitutive explanation a matter of substance—specifically, a matter of the moral justification of the role of institutional history in the determination of rights and obligations.
24 Απρ 2022 · The rule of law encapsulates a set of formal (thin) dimensions, which relate to how a community is governed, and how the law must be applied, by whom, to whom, and with what purpose, encapsulating a positivist understanding of the law (Moller & Skaaning, 2014).
