Doctrinal Categories, Legal Realism, and the Rule of Law
نویسنده
چکیده
INTRODUCTION ....................................................................................... 1889 I. THE REALIST CONCEPTION OF LAW .................................................. 1891 II. THE ROLE OF DOCTRINE AND THE RULE OF LAW ........................... 1898 III. DOCTRINAL CATEGORIES, REALISTICALLY RECONSTRUCTED ........... 1905 IV. A CASE STUDY: ON PROPERTY AND PROPERTY INSTITUTIONS .......... 1911 CONCLUSION ............................................................................................ 1916
منابع مشابه
Liberating Red Lion from the Glass Menagerie of Free Speech Jurisprudence
The law of information platforms has blurred numerous doctrinal categories within the law and has begun to assimilate a widening array of nonlegal disciplines.2 Communications law alone has become “so vast that fully to comprehend it would require an almost universal knowledge ranging from” engineering, economics, and management science “to the niceties of the legislative, judicial, and adminis...
متن کاملEmpirical Doctrine
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 sometimes conflate judges’ attention to legal rules with legal rules determining outcomes. Doctrinal determinacy is not the same thing as legal predictability. The...
متن کاملRelationship between the Rule of Law, Good Governance, and Sustainable Development
This paper reviews the relationship between the rule of law, good governance, and sustainable development as those terms are used by the relevant development organizations; describes the efforts made by various organizations to promote the rule of law and good governance; and addresses the need to strengthen compliance and enforcement for sustainable development. A recent movement, which has re...
متن کاملManifestation of the Rule of “Who owns you?” and Position of Ethics in Civil Law
Background: The rule "anyone who has the power over things" is one of the legal rules that the jurists of Islam have been referring to for more than a thousand years and it is very useful in trials and even administrative authorities. It is also one of the most important and practical rules in civil and jurisprudential law because it is closely related to confession, which is one of the main...
متن کاملA Comparative Study on Presumption of Marriage Rule and Genetic Testing for Proving Parentage Under Iranian Law
Family is the most important social group, and the survival of society depends on the survival of the family and its survival depends on legitimate parentage and legal ties. Therefore, the issue of proving the parentage is one of the most sensitive issues in the Islamic law and the legislator has tried to preserve it by enacting laws. From the beginning of Islam until now, in Imami jurisprudenc...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
عنوان ژورنال:
دوره شماره
صفحات -
تاریخ انتشار 2015