Puzzles And Disagreements: Responses to "Legal Positivism in the Civil-Law Tradition"

2022 ◽  
Author(s):  
Matthew H. Kramer
Keyword(s):  
Civil Law ◽  
Legal Positivism

scholarly journals Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace

2020 ◽  
Vol 33 (1) ◽  
pp. 183-214
Author(s):  
B.L.S. Nelson
Keyword(s):  
Natural Law ◽  
Legal Theory ◽  
Civil Law ◽  
Legal Positivism ◽  
Third Way ◽  
Trade Offs ◽  
Pragmatic Interpretation ◽  
Legal Pragmatism

This paper explores the possibility that Hobbesian jurisprudence is best understood as a “third way”? in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential “third theories”? of law—legal pragmatism and legal dualism—and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading.

The Right to Enforce Conforming Performance - Focused on the discussion of the Civil Law revision -

2018 ◽  
Vol 22 (3) ◽  
pp. 1-43
Author(s):  
Chong-Kun OH
Keyword(s):  
Civil Law ◽  
The Right

BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

2019 ◽  
pp. 120-126
Author(s):  
Diana Vivcharuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

A Study on the Obligee Subrogation Right in the Japanese Revised Civil Law

2018 ◽  
Vol 31 ◽  
pp. 33-55
Author(s):  
Tae-shin Park
Keyword(s):  
Civil Law

Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560–1611-Part I

1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns
Keyword(s):  
Seventeenth Century ◽  
Sixteenth Century ◽  
Legal History ◽  
Legal Education ◽  
Civil Law ◽  
Legal Culture ◽  
Roman Law ◽  
Joint Meeting ◽  
Academic Education

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.

Analysis on liability for damages by autonomous car accident in Civil Law

2017 ◽  
Vol 10 (4) ◽  
pp. 333-378
Author(s):  
Kyumson Seo ◽  
◽  
Kyoungjin Choi
Keyword(s):  
Civil Law ◽  
Car Accident

Features of Teaching Civil Law in the Educational Organizations of the System of the MIA in Russia

2015 ◽  
Vol 2015 (3) ◽  
pp. 44-46
Author(s):  
I Ozerov ◽  
◽  
A Maksimenko ◽  
T Kolesova
Keyword(s):  
Civil Law ◽  
Educational Organizations
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